Terms and conditions

Terms and Conditions Bon Shoppe

These TERMS OF USE ("Terms") govern your use of Bon Shoppe website ("Website"). Please review these Terms carefully. By using the Website, you accept and acknowledge that the Website is hosted in the United States and that your use of the Website is subject to these Terms. Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Website and you consent to our use of data in compliance with the Privacy Policy.

1. User Accounts; Website Use.

1.1 In order use the Website, you may register and/or set up an account. In order to do so, you may set up an account ("Account") and provide certain information, such as choosing a user name and password and other account information ("Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If your Account Information changes, you agree to update it by using the appropriate update mechanism on the Website.

1.2 You are solely responsible for all fees and payments incurred using your Account, regardless of whether the fees were actually incurred by you. If you have reason to believe that your Account is no longer secure, you must promptly change the affected Account Information by logging in to your account and changing your user name and password, or by contacting Bon Shoppe at info@bonshoppe.com.

1.3. User's Actions. You agree to use this Website in a lawful, non-commercial, and appropriate manner. You agree to comply with the Terms and any rules related to the Website or other restrictions detailed herein. You agree that you will not: (i) violate the rights of others, including any intellectual property rights; (ii) use any technique or device to bypass, disable, or circumvent the content protection or access control mechanism on the Website; (iii) interfere with other use of this Website; (iv) introducing any virus, or any other computer code, programs, or files which disrupts, interrupts, destroys or limits the function of the Website; (v) encourage or engage in any conduct that would constitute a criminal offense or give rise to civil liability; (vi) copy, create any derivative works or otherwise violate the copyrights of Bon Shoppe or of third parties, or (viii) violate or breach these Terms.

1.4 Security. When you create an Account or if you are asked to enter sensitive information (such as your credit card number), that information is encrypted and is protected with industry standard encryption 128bit SSL. Although Bon Shoppe has taken reasonable precautions to prevent the unauthorized access and alterations of the Website, no system on the Internet is completely secure. Bon Shoppe has no responsibility for any computer viruses and destructive programs that may be inadvertently downloaded from, or purposely inserted on to the Website. If you wish to have your financial information removed you may contact us at info@bonshoppe.com to request that your information be deleted from our database. For future transactions, you will be required to re-enter your information.

1.5 Monitoring and Violations. Bon Shoppe is not responsible for monitoring your use of the Website. However, if we discover that you are accessing this Website in violation of the rules, we may take immediate action to terminate your access to the Website.

1.6 Children. Bon Shoppe does not sell products for purchase by children. If you are under 18, you are prohibited from using this website. Although Bon Shoppe does not monitor your use, if we discover that you are below the age of eighteen (18), we reserve the right to ban any you from accessing the Website and to delete any Accounts created by such persons.

2. Purchases; Shipping; Returns and Refunds.

2.1 You agree to pay all fees and charges, including applicable taxes, shipping charges, surcharges, restocking or cancellation fees incurred through your activity on or through the Website at the prices listed on the Website and all taxes imposed by any governmental authority. Unless otherwise specified on the Website, all prices will be quoted and charged in U.S. Dollars. We reserve the right to change the amount of or the basis for determining any prices and to institute new fees and costs effective upon publication of such revised pricing policies on the Website.

2.2. Stock Status. Bon Shoppe will attempt to timely update the status flags showing whether an item becomes unavailable or is discontinued. However, we cannot guarantee that the goods and services advertised on the Website will be available when ordered. Where an item is out of stock Bon Shoppe will provide expected shipping date or provide you with the option to cancel the order. Bon Shoppe is not responsible for order delays caused by out of stock items.

2.3. Misprints, Abuse. Bon Shoppe does not warrant that the Website, including without limitation product descriptions, photographs of products, and prices are accurate, complete, reliable, current or error-free; and we reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies.

2.4. Shipping methods. Bon Shoppe may use USPS, FedEx, or UPS for shipping with such determination at Bon Shoppe's election. Please contact Bon Shoppe directly for more details on product shipping. Handling period - 2-3 business days. Standard shipping usually takes 3-5 business days.

2.5. Summer Shipping Policy.

2.5.1. Bon Shoppe recommends that customers using our product data remove heat sensitive items from their product range and online stores from June to late September to avoid heat related product issues during transport. You are advised to review any order for product items that may be sensitive to melting or tainting due to summer heat prior to order finalization. Customers placing orders are liable for any product damage that may occur due to heat damage. By placing an order for heat sensitive items, customer expressly acknowledges that Bon Shoppe cannot guarantee the quality of any heat sensitive product requested to be shipped and that any extra shipping charges or replacement product costs will be at the sole expense of the customer placing the order.

2.6. Product Returns & Cancelled Orders.

2.6.1. Non-Perishable Items. Except for food or other perishable items, Bon Shoppe accepts the return of any product within the first thirty (30) days of the date the order was placed and only if the product is unopened and unused. Any returns may be subject to a 20% restock fee at Bon Shoppe's sole election. Refunds will be provided on Bon Shoppe’s physical receipt of the returned product within 5 business days. Please note that shipping charges are not refundable unless Bon Shoppe is found to have shipped the incorrect, or an expired item.

2.6.2. Perishable Items. Food and other perishable items are not returnable and non-refundable unless the item is out of date on the date of arrival or the wrong item was shipped. Please contact our customer services at info@bonshoppe.com for return and refund instructions.

2.6.3.Cancelled Orders. Where an order is placed and then cancelled any time after 12 noon EST the following day of order placement then Bon Shoppe may charge an order cancellation fee equal to 20% of the total product price. Where an item has already been shipped and is then cancelled then Bon Shoppe will levy a 20% cancellation fee plus all shipping costs incurred by Bon Shoppe in shipping and then returning the item to its warehouse.

2.6.4. All returns must be authorized. Authorized returns will be issued a Return Authorization (RA). Failure to request Return Authorization may result in the rejection of your return. Original shipping charges are not refunded. Return shipping charges are the responsibility of the customer.

2.6.5. Not all orders can be canceled 
We cannot guarantee that your order can be cancelled before it ships. Lost packages or deliveries - must be reported within 15 days of the purchase date. 

If an order shipped is deemed by the shipping company to have been refused or undeliverable, the Return Shipping Charge, based on shipping cost we had to pay to ship the package back to fulfillment center will be charged to the customer. 

Return Requests 
Customers are responsible for determining if the product(s) ordered suits their needs. 

Buyer's Remorse
Unfortunately, some of the items such as higher price-point electronics, appliances, heavy-weight items, etc - may not be returned - since in some cases the manufacturer is unable to accept these products as returns. 

It is the customer's responsibility to research all products, prior to making a purchase - in the case of Buyer's Remorse, some items may not be accepted as a Return. 

Return Process
Returns must be requested within 15 days of purchase, have all original packaging and parts. Claims of defective or - not as described - must be submitted within 14 days after the delivery date and as part of the original return request. Claims of damaged must be requested within 24 hours of delivery. 

The restocking fee also applies to refused orders, orders returned due to incomplete or incorrect addresses or returned as undeliverable by the shipping company. Substantiated claims of defect, damaged, or - not as described - are eligible to receive waiver of the restocking fee. In the event of an unsubstantiated claim, the return will be considered an unwanted item. 

Some select items that have become damaged through use or misuse, are now missing parts, not in the original condition, or have obvious signs of use, a Restocking Fee from 50% - 80% of the purchase price. This includes motherboards and computer components that have had bent or damaged pins/contacts. The manufacturers of these items assure they are properly aligned prior to packaging the items. Rebated items cannot have been submitted for rebates - all forms and Proof of Purchase materials must be returned. The UPC bar code and/or rebate sticker must be intact on the box.

Returned materials must be received within 15 days of the issuance of the RMA. The RMA will expire, and will not be reissued, extended, or renewed. 

We do not provide return shipping. Customers are responsible for ensuring the shipment arrives at the return location. In case the return shipping label has been provided but unused within 5 (five) calendar days the return authorization is considered canceled and no refund payment will be issued. 

Some items are not returnable to us. Items with manufacturer warranties, software that has been opened or activated, items in which opening the package results in damage to security seals or the packaging itself, and electronic devices of any kind including, but not limited to Computers, laptops, tablets, printers, phones and related equipment, monitors, projectors, screens, display devices, televisions, video players, memory, storage devices, music players, cameras, copy machines, laminators, calculators, scanners, GPS units, bags, skins, cables, Pelican cases, and any kind of POS Equipment (scanners, card readers, cash registers, register displays, and cash drawers, etc).  

In the case of these and other items, the manufacturer's warranty will have to be used to resolve any issues. Many items, if opened, are not returnable. These items may include electronics, appliances, software, consumables such as ink, paper, films, tape, batteries, labels, blank media, bulbs and similar items. All prices and product availability are subject to change without notice. We don't offer price protection, and does not offer price matching to other sellers or companies pricing before or after a sales. 

Shipping is Non-refundable. Items returned that shipped with free shipping will have shipping charges deducted from refund.

3. Bon Shoppe's Intellectual Property.

3.1. General Limited License. Bon Shoppe grants you a non-exclusive, limited license to use the Website and to purchase our goods and services. Your use of the Website is strictly limited to such uses in and only in full compliance with these Terms.

3.2. Copyrights. All content on the Website, including images of products and product descriptions are the copyright of Bon Shoppe, have been properly licensed from their respective copyright owners for use on the Website, or is otherwise allowed for use on the Website by law. Except for ordinary access of the Website in accord with these Terms, you are hereby prohibited from copying or extracting such images for any purpose, or linking to these images on any third party website unless you receive express written consent from Bon Shoppe.

4. Third Party Copyrights. Bon Shoppe respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances Account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please e-mail to us at info@bonshoppe.com

5. Links with Third Party Sites. Creating or maintaining any link from another website to any page on this Website without Bon Shoppe’s prior written permission is prohibited. This Website may contain hyperlinks to websites operated by parties other than the Bon Shoppe. Such hyperlinks are provided for reference only. If you use these links, you will leave this Website. We cannot and do not endorse, guarantee or make any representations or warranties regarding any other website, or content, materials or other information that may be accessible from any other website. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

6. DISCLAIMER OF WARRANTIES. YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF GOODS AND SERVICES FROM BON SHOPPE IS AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. BON SHOPPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITE OR TO THE GOODS AND SERVICES OFFERED THEREIN. WE PROVIDE THIS WEBSITE, AND ANY GOODS AND SERVICES OFFERED ON OR THROUGH THE SITE "AS IS." BON SHOPPE EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, LUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE. THE FOREGOING EXCLUSION OF WARRANTIES DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

7. LIMITATIONS OF LIABILITY. BON SHOPPE, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANYONE ELSE FOR ANY LIABILITY, LUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, AS WELL AS ANY GOODS AND SERVICES PURCHASED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

8. LIMITATION OF REMEDIES. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE AND TO REQUEST A REFUND FOR THE GOODS AND SERVICES PURCHASED. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

9. Indemnification. You agree to indemnify and hold Bon Shoppe and its parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, made by any person due to or arising out of your use of this Website, your connection to this Website, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.

10. Applicable Law, Venue, Limitation of Actions. The laws of your jurisdiction may be more or less restrictive than the laws that apply to this Website. If you access this Website outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and at your own costs.

11. Opting Out to E-mail Communications. For customers who wish to opt-out and stop receiving Bon Shoppe's special offers and related news, we provides several ways to do so. If you no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by logging on to their Account and un-checking the "newsletter" field. They may also send e-mails to info@bonshoppe.com with a request to be removed. Finally, they may use the link provided in all Bon Shoppe communications to automatically unsubscribe.

12. Amendment of Site Terms. Bon Shoppe reserves the right to update our Terms and Conditions at any time and at our sole election. Any update is binding on you and on all users of the Website. Notices of the updates to the Terms and Conditions will be posted on the Website and you may request to be notified of any changes to these Terms and Conditions by election the option by contacting Bon Shoppe at info@smartorganicnyc.com

13. Questions or Concerns. If you have any questions or concerns, please feel free to contact us via e-mail at info@bonshoppe.com