Terms & Conditions
These Terms & Conditions (“Terms”) apply to all users of Bonmuz.
By using this Website/Site, you agree and acknowledge that you have read all legal documents carefully and you shall be bound by these Terms & Conditions.
References in these Terms to “we” or “us” or “Website/Site” or “company” or “Bonmuz” are references to the Bonmuz Website and “you” as “subscriber” or “user” “customer” or “visitor” or “client” (including both natural and legal persons) of Bonmuz.
The term ‘User’, ‘You’ or ‘Your’ refers to you who access the Website and pages provided by Bonmuz and/or avail any other service provided by Bonmuz.
The term ‘Third Party’ refers to any person, natural or juristic, other than Bonmuz and the User.
THESE TERMS & CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND BONMUZ. THESE TERMS & CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND BONMUZ FOR THE USE OF THE WEBSITE (DEFINED BELOW).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Genuine Muze Inc. is a company incorporated under the laws of United States of America, with its registered office 207-18 42nd ave, Bayside, NY 11361 and having company registration number 87-1346563.
- These Terms & Conditions are subject to revision by Bonmuz at any time and hence the Users are requested to carefully read these Terms & Conditions from time to time before using the Website. The revised Terms & Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms & Conditions. In the event such a facility is provided on the Website, You can determine when Bonmuz last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms & Conditions periodically for changes. Bonmuz may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
- The Website is an electronic platform which makes and sells false nail tips and nail care products.
- Eligibility to Use
- The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Bonmuz system by Bonmuz for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in United States of America. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms & Conditions with your parent or legal guardian, and in such a case these Terms & Conditions shall be deemed to be a contract between Bonmuz and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
- Bonmuz reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
- User Account, Password and Security
- You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
- Registered users: Bonmuz makes certain sections of the Services available to You through the Website only if You have provided Bonmuz certain required User information and created an account through certain log-in ID and password ("Account").
- In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to
- immediately notify Bonmuz of any unauthorized use of Your Account Information or any other breach of security, and
- ensure that You exit from Your Account at the end of each session. Bonmuz cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Bonmuz or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Bonmuz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bonmuz has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
- Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website. However, You will not be able to purchase Services without registering yourself with Bonmuz.
- The price of the product will be listed on our website and the estimated total will be provided when the customer will place the order;
- The Site reserves the right to vary the price of any product without any prior notice
- Our website offers following modes of payment:
- Valid credit cards/Debit cards
- Paypal payment
- The Users can choose either of the options as per its own choice and convenience;
- The Users will be charged with the shipping charges as well and the amount of the charges shall be intimated to the customer while it will be placing the order.
- Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
- Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our website may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
- Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
- Warranties By Users
- Users warrant as follows:-
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- You shall at all times ensure full compliance with various laws regarding your use of our services.
- You shall not hold the Company or Website liable for any issues that occur between you and another user in case you share your personal details with another user and that another user misuses that information. The company shall never ask the registered users to share their personal information with any other user on the website.
- You shall be solely responsible for any breach of your personal information in case you transmit it to any other user on our website and the Company shall in no case be liable or responsible for either protecting the same or for its breach.
- Users warrant as follows:-
- Misuse Of The Website
- You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
- You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and / or others.
- We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms & Conditions. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
- We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Intellectual Property Rights
- The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Bonmuz or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Bonmuz reserves the right to change or modify the Content from time to time at its sole discretion.
- The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Bonmuz or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Bonmuz, the vendor/seller or the third party that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Bonmuz owns all intellectual property rights to and into the trademark "Bonmuz", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Bonmuz or thirty party owner of such Content.
- Product Description Disclaimer
- Bonmuz may provide Product Description, including specifications, literature, dimensions, for your convenience in selection of Product and Services. The accuracy or completeness of Product Description is not guaranteed and is subject to change without notice. User is solely responsible for evaluating and selecting products and services.
- Product and Services are provided as is without any guarantees or warranty. In association with the product, Bonmuz makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights. Use of the product by a user is at the user’s risk.
- Bonmuz makes efforts to display the products and services as accurately as possible, however, Bonmuz cannot guarantee absolute similarity or symmetricalness in products and services offered through our Website.
- Disclaimer of Warranties and Liability
- The website, services, content, and any third party content are provided by Bonmuz on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Bonmuz makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from Bonmuz or through the website / content or from use of the services shall create any warranty not expressly stated in these terms & conditions.
- To the maximum extent permitted by applicable law, Bonmuz will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Bonmuz also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.
- You expressly understand and agree that, to the maximum extent permitted by applicable law Bonmuz will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Bonmuz has endeavoured to ensure that all the information on the website is correct, but Bonmuz neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Bonmuz shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Bonmuz shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Bonmuz 's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Bonmuz is not responsible for any typographical error leading to an invalid coupon. Bonmuz accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
- You expressly understand and agree that, Bonmuz operates independently and autonomously from manufacturers and brand owners of fragrances and Bonmuz will not be liable for any loss or consequence from any product or service belonging to such brand owners and manufacturers.
- Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless Bonmuz, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
- Bonmuz may notify You of any claims which You shall be liable to indemnify Bonmuz against. You will then be required to consult with Bonmuz regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Bonmuz without the express prior written consent of Bonmuz which can be withheld or denied or conditioned by Bonmuz in its sole discretion.
- Notwithstanding anything to contrary in the Agreement(s), in no event shall Bonmuz, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Bonmuz has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
- The Agreement will continue to apply until terminated by either You or Bonmuz as set forth below. If You want to terminate Your agreement with Bonmuz, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Bonmuz has made this option available to You.
- You agree that Bonmuz may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Bonmuz determines that You have violated the terms of these Terms & Conditions or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Bonmuz, for which monetary damages may be inadequate, and You consent to Bonmuz obtaining any injunctive or equitable relief that Bonmuz deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bonmuz may have at law or in equity.
- In addition to Clause above, Bonmuz may, at any time, with or without notice, terminate these Terms & Conditions (or portion thereof, such as any individual Additional Terms) with You if:
- Bonmuz is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by Bonmuz is, in Bonmuz's opinion, no longer commercially viable;
- Bonmuz has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or\
- In the event Bonmuz faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
- Bonmuz may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
- You agree that all terminations shall be made in Bonmuz's sole discretion and that Bonmuz shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Bonmuz chooses to terminate them. Bonmuz may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Bonmuz may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
- Governing Law and Jurisdiction
- These Terms & Conditions and all transactions entered into on or through the Website and the relationship between You and Bonmuz shall be governed in accordance with the laws of New York, U.S.A. without reference to conflict of laws principles.
- General Provisions
- Notice: All notices with respect to these Terms & Conditions from Bonmuz will be served to You by email or by general notification on the Website. Any notice provided to Bonmuz pursuant to these Terms & Conditions should be sent to email@example.com.
- Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Bonmuz's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Bonmuz to any third parties without the requirement of seeking Your prior consent. Bonmuz may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Bonmuz shall have right to transfer Your Account and Account Information to a third party who purchases Bonmuz's business as conducted under the Website.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Bonmuz may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms & Conditions.
- Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms & Conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
- Force Majeure: If performance of any service or obligation under these Terms & Conditions or other Agreement by Bonmuz is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Bonmuz or its third parties performing such services as sub-contractor to Bonmuz and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Bonmuz shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Bonmuz shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.