Terms & Conditions
Overview
Please read these Terms & Conditions ("Terms", "Terms & Conditions") carefully before using our website, www.bartinstruments.com (the "Service"), operated by b:art instruments ("us", "we", or "our"). b:art instruments offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You understand that your content (not including payment card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. Acceptance of Terms
By accessing or using our Service or buying our products, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you disagree with any part of the terms, then you may not access the Service nor buy anything from us.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2. Changes to Terms
You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
3. Website Ownership
This website is owned and operated by b:art instruments. All content on our website, including but not limited to design, text, graphics, interfaces, and the selection and arrangement thereof, is the exclusive property of b:art instruments and is protected by intellectual property rights. You may not reproduce, distribute, or create derivative works from any content on our website without our express written consent. Unauthorised use of any content may violate copyright, trademark, and other laws.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
4. Content Accuracy
We strive to ensure that the information on our website is complete, accurate, and current. However, we do not guarantee that the information contained on this website is entirely free of errors, inaccuracies, or omissions. Any reliance you place on such information is strictly at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. Orders and Payment
By placing an order through our website, you are offering to purchase a product subject to these terms and conditions. All orders are subject to availability and confirmation of the order price. We reserve the right to refuse any order you place with us.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. This does not apply to our Store. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. This does not apply to our Store.
6. Shipping and Delivery
Please refer to our Shipping Policy for detailed information on our shipping and delivery terms. We are not responsible for any delays or losses caused by shipping carriers or customs processes for international orders.
7. Returns and Refunds
Please refer to our Return Policy for detailed information on our returns and refunds terms. We reserve the right to refuse a return if it does not meet the conditions outlined in our Return Policy.
8. Standard Manufacturer Warranty
Our products come with a standard warranty as outlined in the product documentation. The warranty covers manufacturing defects for a period of one (1) year from the date visible on the proof of purchase. It does not cover damage caused by liquids, heat, smoke, general abuse, or unauthorised modifications. For further information please contact us via the Contact form.
9. Pricing Changes and Adjustments
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue a product at any time without prior notice. We are not liable to you or any third-party for any price change, suspension, or discontinuance of any product.
10. Accuracy of Product Pictures
We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
11. Third-Party Links
Our Service may contain links to third-party websites or services that are not owned or controlled by b:art instruments. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that b:art instruments shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
12. Personal Information
Your submission of personal information through the Service is governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.
13. Prohibited Uses
You are prohibited from using our products, the site or its contents:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- To develop, design, manufacture, or produce nuclear, missile, chemical or biological weapons.
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, or scrape;
- For any obscene or immoral purpose;
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
14. Limitation of Liability
In no case shall b:art instruments, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
15. Governing Law
These terms and conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with Polish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Poland.
16. Environmental impact
Under the Waste Electrical and Electronic Equipment (WEEE) Regulations, we are committed to reducing the environmental impact of our products. You can return your old electronic equipment to us for recycling when you purchase a new product from us. Please contact customer service for details on how to return your used electronics.
17. Indemnification
You agree to indemnify, defend and hold harmless b:art instruments and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
18. Severability
In the event that any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Termination
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
20. Contact Information
Questions about the Terms and Conditions should be sent to us via the Contact form or directly to support@bartinstruments.com.