Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to
and use of this site are subject to
the following terms and conditions and other applicable law.
Return Policy
Any item needing to be returned to (Bon Jour Gourmet) can be handled via email info@bonjourgourmet.com or telephone 888-471-6540 or 303-471-6540
during normal business hours (8am-6pm M-F MST).(Bon Jour Gourmet) generally
handles all such requests speedily and reserves the right to refund the purchase amount or ship a replacement to you. In
some cases of manufacturer defect we will have the manufacturer replace the
item to you directly.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a
collective work under the United
States and other copyright laws, and is the
property of (Bon Jour Gourmet). The collective work includes works that are
licensed to (Bon Jour Gourmet).
Copyright 2000, (Bon Jour Gourmet) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions
of this site for the sole purpose of placing an order with (Bon Jour Gourmet)
or purchasing (Bon Jour Gourmet) products. You may display and, subject to any expressly stated restrictions or limitations
relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to
place an order with (Bon Jour Gourmet) or to
purchase (Bon Jour Gourmet) products. Any other use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by (Bon Jour Gourmet). You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks and trade names of (Bon Jour Gourmet) used in the
site are trademarks or registered trademarks of (Bon Jour Gourmet)
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to
applicable law, (Bon Jour Gourmet) disclaims all warranties, express or
implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. (Bon Jour Gourmet) does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. (Bon Jour Gourmet)
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
(Bon Jour Gourmet) shall not be liable for any special or consequential damages
that result from the use of, or the inability to
use, the materials on this site or the performance of the products, even if (Bon
Jour Gourmet) has been advised of the possibility of such damages. Applicable
law may not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a (Bon Jour Gourmet) product is mistakenly listed at an
incorrect price, (Bon Jour Gourmet) reserves the right to
refuse or cancel any orders placed for product listed at the incorrect price. (Bon
Jour Gourmet) reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, (Bon Jour Gourmet) shall issue a
credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to
you upon your accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated by (Bon
Jour Gourmet) without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
(Bon Jour Gourmet) may deliver notice to
you by means of e-mail, a general notice on the site, or by other reliable method
to the address you have provided to (Bon Jour Gourmet).
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without
regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to
this site (including but not limited to
the purchase of (Bon Jour Gourmet) products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the
site (including but not limited to
the purchase of (Bon Jour Gourmet) products) must be commenced within one (1)
year after the claim or cause of action arises. (Bon Jour Gourmet)'s failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify
any of these terms and conditions. (Bon Jour Gourmet) may assign its rights and
duties under this Agreement to any
party at any time without notice to
you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a (Bon Jour Gourmet) or other licensed employee, host, or
representative, as well as other members or visitors
on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable which may constitute or encourage a criminal offense,
violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to
solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
(Bon Jour Gourmet) does not and cannot review all communications and materials
posted to or created by users
accessing the site, and is not in any manner responsible for the content of
these communications and materials. You acknowledge that by providing you with
the ability to view and distribute
user-generated content on the site, (Bon Jour Gourmet) is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents
or activities on the site. However, (Bon Jour Gourmet) reserves the right to block or remove communications or materials that
it determines to be (a) abusive,
defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to (Bon Jour
Gourmet) in its sole discretion.
Indemnification
You agree to indemnify, defend, and
hold harmless (Bon Jour Gourmet), its officers, directors,
employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased
value to our visitors, (Bon Jour Gourmet) may link to sites operated by third parties. However, even if
the third party is affiliated with (Bon Jour Gourmet), (Bon Jour Gourmet) has
no control over these linked sites, all of which have separate privacy and data
collection practices, independent of (Bon Jour Gourmet). These linked sites are
only for your convenience and therefore you access them at your own risk.
Nonetheless, (Bon Jour Gourmet) seeks to
protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a
specific link does not work).
If you do not agree to
these terms and conditions, please do not use this site.
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