TERMS AND CONDITIONS

Revision dated January 2019.


Thank you for using www.brioandco.com. ("Site"). Please review these Terms and Conditions ("T&C") that govern the use of the Site, the purchase of products through the Site and all related applications, tools, services and associated content distributed, published or made available in relation thereto (all the foregoing hereinafter referred to as "Service").

CONSENT

Your use of the Service constitutes your agreement to these T&Cs ("Agreement"). The Agreement is between you ("you", "your") and Brio & Co. LLC ("Company", "we", "us", "our"). If you disagree with any of these T&Cs, you should discontinue the use of the Service.

By using the Service you represent that you are of legal age to agree to these T&Cs, that you agree and will comply with the T&Cs and any applicable legislation.

Company reserves the right to modify, alter or update these T&Cs from time to time and at our sole discretion. The date of any new revision will be reported herein for easy identification of any change.

USE OF THE SITE AND THE SERVICE

Your use of the Site and the Service is at your own initiative and risk. Although we work to keep it secure and accurate, we do not guarantee that the Site or the Service or any information therein is secure or virus-free, that it does not contain errors or is otherwise fit for any particular use or purpose.

You can use the Site and the Service for your personal use and for personal shopping only. You agree to use the Service and the Site strictly in accordance with the allowed use herein.

We reserve the right to restrict or deny access or availability of the Site at our own discretion or as required for regular server maintenance without notice and we are not liable for any consequences this may cause. 

PRODUCTS AND AVAILABILITY

We make reasonable efforts to include information that is thorough and correct and describe the products accurately, however we cannot guarantee that no errors will be present at all times.  The Company will clarify and correct any errors as soon as identified and shall not be held to any such erroneous information that may have been shown on the Site or the Service. Some quantities, sizes and measurements are indicative and provided for convenience only. Although we work towards depicting the look and color of the products as close to the real appearance as possible, the color displayed depends on your computer system and we cannot guarantee the actual color displayed by your computer system.

The products offered on the Site are for personal shopping only and not for resale. You agree to such use for any item purchased. The Company reserves the right to reduce or not process any purchase in excess of certain quantities at its own discretion.

Brio & Co. presents selected items in limited quantities from selected manufacturers on periodical basis. By its own nature, availability of the products is limited, subject to change and may vary at our discretion and without notice. Display of certain products or quantities at any given time does not imply those products will be available on a continuous basis.

We make reasonable efforts to display correct availability on the Site, however should any item become unavailable after you have purchased it, you will be offered the option to: i) wait if the item will become available in a reasonable time afterwards; ii) exchange it for a different item or iii) otherwise be refunded.

PROMOTIONS AND DISCOUNTS

Company may from time to time and at its own discretion run promotional campaigns and commercial offers such as sales, discounts, coupons, special offers etc. (“Promotions”). 

Promotions shall be used according to their specific terms and cannot be combined. Coupons apply to regularly priced items only, unless otherwise expressly stated. In case of returns, the savings will be reduced proportionately. The costs of shipment (if applicable), taxes and gift cards are not counted towards any minimum purchase value required and coupons or other Promotions cannot be applied to such items.


SHIPMENT

Ground shipment of products upon purchase is free within continental USA territory. Any shipment outside of the USA continental territory shall be agreed on a case-by-case basis.

All purchases made on the Site are sent through a service provider pursuant to a shipment contract. Title and risk of loss transfer to you upon delivery of the product to the carrier.

INTELLECTUAL PROPERTY

All images, information, text, designs, trademarks and other intellectual property ("IP") contained in the Site or provided through the Service are and shall remain the property of the Company or the respective third party owners of such IP. No copy, reproduction, derivative work, distribution or other use of such IP is allowed without prior written consent of the Company and (as applicable) the other owners of any such IP. You may access or display the IP contained in the Site via your browser exclusively for personal shopping through the Site. Any posting of IP on blogs or social media shall make clear reference to the ownership of such IP.

INFORMATION YOU PROVIDE

 You may be required to provide some personal information for the purpose of completing a purchase or other transactions on the Site. The Company collects any such information for the purpose of completing the subject transaction. You represent that any such information provided is true, complete and correct and that you are entitled to provide such information and/or complete the subject transaction, including a payment and use of a credit or debit card.

Payment information, such as credit and debit card numbers and expiration dates, is processed through a third party provider and none of such information is disclosed to us at the time of the payment. 

You agree to provide information through the Site as required for the purpose of using the Service in accordance with the allowed use. You shall not introduce offensive, defamatory, obscene or otherwise objectionable comments or feedback. You shall not introduce any electronic threatens such as virus, Trojan horses or other harmful coding and you shall not attempt to overcome the security system of the Site or otherwise attempt to hijack the Site or access any personal information of other users or other information not intended to be publicly displayed on the Site.

You agree that all suggestions, reviews, feedbacks, queries, designs or other information provided by you through the Site (except personal data) are not confidential nor proprietary and do not infringe the rights of any third party. You also grant the Company a perpetual, transferable and non-exclusive license to use and publicly display such contents on any media for any purpose, including but not limited to, advertising, promotional or other commercial purpose with no compensation to you or any other person. You agree to indemnify, defend and hold harmless the Company from any and all claims or causes of action connected to your infringement of this clause.

THIRD PARTY LINKS

    

The Site or other tools being part of the Service may contain links to third parties sites or resources. The Company has no control over such third party sites. The Company does not endorse and is not responsible for any content or availability of such third party sites or resources. When you visit any such third party sites or resources, you do so at your own risk.

Links to the Site may be found on third party sites or resources with or without the Company consent. Under no circumstances shall the Company be responsible for the content, availability or working conditions of any such sites or resources.

Please also note that when you visit third party sites, including via a link through the Site or the Service, your use will be governed by the third party terms and conditions (including the privacy policy) and not by these T&Cs.

DISCLAIMERS AND LIABILITY

  TO THE FULLEST EXTENT PERMITTED BY LAW:

  • COMPANY, FOR      ITSELF AND ITS SUPPLIERS AND SERVICE PROVIDERS, MAKES NO REPRESENTATION,      COVENANT OR WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,      MERCHANTABILITY, NON-INFRINGEMENT, SUITABILITY OR FITNESS FOR ANY PURPOSE      OR USE, REGARDING ANY MATTER RELATED TO THE SITE AND THE SERVICE,      INCLUDING ANY CONTENT INCLUDED THEREIN OR PRODUCT PURCHASED OR OFFERED      THROUGH THE SITE AND THE SERVICE.
  • THE SITE AND THE      SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"      BASIS AND YOUR USE THEREOF IS SOLELY AT YOUR RISK. COMPANY, FOR ITSELF AND      ITS SUPPLIERS AND SERVICE PROVIDERS, HEREWITH DISCLAIMS ANY WARRANTY OF      COMPLETENESS, ACCURACY, USEFULNESS OF ANY CONTENT; YOUR RELIANCE ON ANY      CONTENT OR INFORMATION PROVIDED IS SOLELY AT YOUR RISK.
  • COMPANY, FOR      ITSELF AND ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT GUARANTEE THAT THE      SITE OR THE SERVICE ARE SECURE, VIRUS-FREE, CORRECT OR UNINTERRUPTED.
  • COMPANY AND ANY      OF ITS SUPPLIERS OR SERVICE PROVIDES, THEIR DIRECTORS, OFFICERS,      EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR DIVISIONS      ("COMPANY GROUP"), SHALL NOT BE LIABLE FOR ANY INDIRECT,      INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE DAMAGE OF ANY KIND      WHATSOEVER, INCLUDING WITHOUT LIMITATION THE LOSS OF PROFIT, LOSS OF DATA      OR LOSS OF USE, UNDER ANY CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR      OTHER THEORY OR COURSE OF ACTION RELATED TO THE USE OF THE SITE AND THE      SERVICE OR ANY INFORMATION OR PRODUCT OFFERED OR PROVIDED THROUGH THE SITE      OR THE SERVICE. NOTWITHSTANDING THE ABOVE, SHOULD ANY LIABILITY ARISE AGAINST      COMPANY FOR ANY LOSS, INJURIES, DAMAGES OR OTHER CLAIM IN CONNECTION WITH      THE USE OF THE SITE AND THE SERVICE, INCLUDING ANY CONTENT OR ANY PRODUCT      OFFERED OR PROVIDED THROUGHT THE SITE OR THE SERVICE, THE OVERALL      LIABILITY SHALL BE LIMITED TO ONE HUNDRED (100) USD.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FOR ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSS AND OTHER COURSE OF ACTIONS OF ANY KIND CONNECTED TO YOUR IMPROPER USE OF THE SITE AND THE SERVICE OR YOUR BREACH OF ANY T&CS INCLUDED HEREIN. 

APPLICABLE LAW AND JURISDICTION

The laws of the State of Texas, without regard to the principles of conflict of law, shall govern this agreement and any claims or disputes arising thereof.

The Service is managed by the Company from the United States of America and its accessibility from any other country is not intended to subject the Company to any other jurisdiction.

Should any concern, dispute or claim arise, notice shall be given to Company at the email address info@brioandco.com and the parties shall work together in good faith to resolve the dispute amicably.

The parties further agree to seek resolution through binding arbitration for any dispute, claim or cause of action arising out of or in any way related to the use of the Site and the Service that cannot be resolved within a period of thirty (30) days after the first notice of claim provided above. The parties will agree at the time of the claim or dispute the arbitration rules to be followed.

All claims shall be pursued on individual capacity of the party and any participation into collective, representative or class action is hereby waived.