Términos del servicio
Welcome to BIOLIFTING! The terms "we", "our" and "our" refer to BIOLIFTING. BIOLIFTING operates this store and website, including all associated information, content, features, tools, products and services, in order to offer you, as a customer, a personalized shopping experience (the "Services"). BIOLIFTING uses the Shopify platform, which allows us to offer you the Services.
The terms and conditions below, as well as the policies referenced therein (the "Terms of Use" or "CU"), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty exclusions and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the legal age of majority in your State or province of residence and you give us your consent to authorize your minor children to use the Services on the devices you own, purchase or operate.
To use the Services, including to access or browse our online stores or to purchase a
Of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery information. You represent and warrant that all information you provide in our stores is accurate, up-to-date and complete, and that you have all necessary rights to communicate this information.
You are solely responsible for the security of your account credentials and any activity related to your account. You are not authorized to transfer, sell, assign or license your account to another person.
ARTICLE 2 - OUR PRODUCTS
We have made every effort to faithfully present our products and services in our online stores. Please note, however, that the colors or appearance of the products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or will be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw a product from the sale at any time and may limit the quantities of products we offer to a person, a geographical region or a jurisdiction, on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you make a purchase offer. BIOLIFTING reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted after written confirmation from BIOLIFTING. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as BIOLIFTING may not be able to accept cancellation requests once the order is confirmed. In case of refusal, modification or cancellation of your order, we will try to contact you using the email address, billing address and/or phone number provided when ordering.
Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.
ARTICLE 4 - PRICE AND INVOICING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the one in force at the time of the order and will be indicated in the confirmation email of your order. Unless otherwise expressly stated, the prices displayed do not include taxes, delivery costs, preparation costs, customs duties or import fees.
The prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may offer, from time to time, promotions on our Services that may impact prices and which are governed by the terms and conditions, separate from these Terms. In the event of a conflict between the conditions of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide the current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can finalize your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use this card for the purchase, (iii) the fees incurred will be honored by the company issuing your card, and (iv) you will pay the fees incurred at the prices displayed, including delivery and processing fees, as well as all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delays in delivery or shipping. All delivery times indicated are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs formalities or any event that is out of our control. As soon as the products are handed over to the carrier, ownership and the risks of loss are transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, trademarks, texts, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and layout, are the exclusive property of BIOLIFTING, its subsidiaries or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms allow you to use the Services only for personal and non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any document present on the Services without our prior written consent. Unless otherwise expressly provided in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright or other intellectual property of BIOLIFTING, Shopify or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by BIOLIFTING.
BIOLIFTING's names, logos, product and service names, designs and slogans are registered trademarks of BIOLIFTING, its subsidiaries or licensors. You may not use them without the prior written permission of BIOLIFTING. The name, logo, product and service names, designs and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the registered trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may have to use customer tools offered by third parties as part of the Services, tools that we do not monitor and over which we have no control or opportunity to contribute.
You acknowledge and agree that we provide access to these tools "as is" and "as available", without warranty, representation or condition of any kind, and without our approval. We disclaim any liability arising from or related to your use of optional third-party tools.
The use of the optional tools offered on the site is under your sole responsibility and at your sole discretion. It is your responsibility to ensure that you know and accept the conditions applicable to these tools, as defined by the third-party provider(s) concerned.
We may also, in the future, offer new features through the Services (including the provision of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Use.
ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain documents and hypertext links to websites provided or operated by third parties (including built-in third-party features). We are not responsible for the review or evaluation of the content or accuracy of any third-party documents or websites you choose to access. If you decide to leave the Services to access such documents or third-party sites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on these sites. We invite you to carefully review the policies and practices of third parties and to ensure that you understand them before making any transaction. Complaints, complaints, concerns or questions about third-party products and services should be addressed directly to the third party concerned.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO THE MERCHANT: this section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
BIOLIFTING is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Shop is made directly with BIOLIFTING. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and BIOLIFTING, including any damage, prejudice or loss resulting from the products or services purchased. You hereby expressly disclaim any claim, damage and liability arising out of or related to your purchase and transaction with BIOLIFTING.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services in order to provide and improve them to you. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, in order to provide you with the services. See our privacy policy [LINK] for more details on how we, Shopify and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, download, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub-licensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Returns for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you are the owner or have all necessary rights to the Feedback; (ii) you have communicated any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be bound by any obligation (1) to maintain the confidentiality of your Feedback;(2) to pay compensation for your Feedback;(3) to respond to your Feedback.
We may, without being required, monitor, modify or delete any Feedback that we believe, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.
You agree that your Feedback does not infringe any rights of third parties, including copyright, trademark, data protection, personality rights or other personal or patrimonial rights. You further agree that your Feedback does not contain any defamatory, illegal, abusive or obscene statement, or any computer virus or malicious software that may affect the functioning of the Services or any related website. You are prohibited from using a falsified email address, replacing yourself with others or misleading us, as well as third parties, about the origin of the Feedback. You are solely responsible for your Feedback and their accuracy. We decline all responsibility and cannot be held responsible for Feedback published by you or by a third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including product descriptions, prices, promotions, offers, delivery costs, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, as well as to modify or update information or cancel orders in case of inaccurate information, at any time and without notice (including after submitting your order).
ARTICLE 13 - PROHIBITED USES
You may only access and use the Services for licit purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any regulation, international, federal, provincial, state or local law; (c) in a manner that infringes the intellectual property rights of BIOLIFTING, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, download, use or reuse any content that does not comply with this Conditions; (g) to transmit or cause the sending of any advertising or promotional material, including "spam", "chains of letters", "junk mail" or any other similar solicitation; (h) to impersonate or attempt to do so as a person or entity; (i) to adopt any behavior that may restrict or hinder the use or enjoyment of the Services by others, or which, in our opinion, could harm BIOLIFTING, Shopify, users of the Services or expose them to any liability.
In addition, you agree not to: (a) download or transmit viruses or any other malicious code that may affect the operation or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming or pretexting (pretexting practices via the Services; (e) use robots, spiders (spiders), scraping, data collection or extraction tools, automated devices, AI tools (including agent AI) or any automated or manual means of accessing the Services; (f) Interfere with, bypass or neutralize security or authorization features, robot exclusion headers or any other action we put in place to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have violated any of the provisions of these Terms.
ARTICLE 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, authorize, activate or cause the deployment of an Agent to access, use or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of a person or entity, or at its instruction, and may be run on a device owned by or used by a person, without direct supervision.
14.2 No Agent may access, use or interact with the Services, unless he permanently identifies himself and operates in strict compliance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.
14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the name of the Agent by including the following statement in the user agent chain: "Agent/[agent name]"; (ii) not hide or hide the fact that access, use or interactions come from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures to distinguish computer use from human use; (iii) honestly answer any question or prompt to determine whether the Interactions originate from a human or computer; (iv) do not circumvent or avoid any measure to block, limit, modify or control the access, use or interactions of Agents with the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following articles will remain applicable after any termination: Intellectual Property, Feedback, Termination, Exclusion of warranties, Limitation of Liability, Indemnification, Divisibility, Waiver, Entirety of Agreement, Assignment, Applicable Law, Privacy Policy, as well as any other provision whose nature implies that it must survive termination.
ARTICLE 16 - EXCLUSION OF GUARANTEES
The information presented on or via the Services is made available for informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any trust you place in this information is strictly at your own risk. We disclaim all responsibility and guarantee regarding the consequences arising from the use of this information by yourself, any other visitor to the Services or any person informed of its content.
UNLESS EXPRESSLY MENTIONED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLICIT WARRANTIES OR CONDITIONS OF MERCHANTALITY, FITNESS FOR A PARTICULAR USE, DURABILITY, TITLE DEED AND NON- CIRCUMVENTION OF RIGHTS. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, PUNCTUAL, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLICIT OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT] OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY DOMAIN, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, ACCESSORY, EXEMPLARY, SPECIAL OR CONSEQUENTIAL HARM OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INCOME, SAVINGS, DATA, REPLACEMENT FEES OR ANY OTHER SIMILAR DAMAGE, WHETHER BASED ON A CONTRACT, FAULT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED, IN ANY WAY, TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN NOTIFIED OF THEIR POSSIBILITY.
ARTICLE 18 - COMPENSATION
You agree to indemnify, defend and hold harmless BIOLIFTING, Shopify, and our affiliates, partners, officers, directors, employees, agents, service providers, licensors and service providers, for any loss, damage, liability or claim, including reasonable attorneys' fees, due to a third party and resulting from (1) your breach of these Terms of Use or the materials they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will inform you of any claim covered by this guarantee, provided that a lack of prompt notification does not exempt you from your obligations, unless you suffer material damage. We can defend and settle any claim at your expense, including the choice of legal advice, but we will not compromise on a claim involving non-pecuniary obligations on your part without your consent (which you cannot refuse unreasonably). You will cooperate in the defense of claims covered by this warranty, in particular by providing the relevant documents.
ARTICLE 19 - DIVISIBILITY
In the event that any provision of these Terms of Use is held to be illegal, void or unenforceable, that provision will remain applicable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed to be separate from these Terms of Use. Such a determination shall not affect the validity or applicability of the other remaining provisions.
ARTICLE 20 - WAIVER; FULL AGREEMENT
The fact that you do not exercise or require the exercise of any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Use, as well as the policies or rules of use published by us on this site or related to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They are a substitute for any prior or contemporary agreement, communication or proposal, whether oral or written, between you and us (including, without limitation, previous versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use will not be interpreted against the drafting party.
ARTICLE 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement, nor any of your rights or obligations under these Terms, without our prior written consent. Any unauthorized attempt at transfer will be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 - APPLICABLE LAW
These Terms of Use, as well as any separate agreements by which we provide the Services to you, will be governed by and interpreted in accordance with federal laws and the laws of the States or territories of the courts of competent jurisdiction where BIOLIFTING has its registered office. You and BIOLIFTING expressly consent to the territorial and personal jurisdiction of these courts.
ARTICLE 23 - TITLES
The titles used in this Agreement are included for convenience and will not affect or limit the interpretation of these Terms.
ARTICLE 24 - MODIFICATION OF THE TERMS OF USE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and modifications on our website. It is your responsibility to periodically consult our site to take note of any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your use or continued access to the Services after posting changes to these Terms constitutes acceptance of these Terms.