Terms and Conditions

OVERVIEW

This website is operated by Biconic. The terms “we”, “us” and “our” are used throughout this site in reference to Biconic.  All information, tools and services presented in this site presented are available to users, conditioned upon the acceptance of all terms, conditions, policies and notices stated here.By browsing our site and/ or purchasing goods listed by us, you engage in our “Service” and agree to the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.The creation and implementation of new features or tools to the site shall be subject to the Terms of Service. The most current version of the Terms of Service is available to read on the Biconic store website at any time. We reserve the right to update, change or replace any part of these Terms of Service. It is the responsibility of you, the user, to check the Terms of Service page regularly for changes. Continued use of, or access to, the website represents acceptance of any changes. 

1 – Terms relating to hosting platform.

Our store is hosted on Wix. They provide us with the site format and online e-commerce platform that allows us to sell our products and services to you.

When you use our Services, WIx will collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to the Biconic store site, what pages on our site you visit and for how long and identifiers associated with your devices. If you’ve given permission through your device settings, Wix may collect your location information in our mobile apps.

If you are an End User of our site, Wix will also get information about your interactions with the site, though this is in an anonymous, aggregated or pseudonymized form which does not focus on you individually. Wix uses this data to evaluate, provide, protect or improve their Services (including by developing new products and services).

Some of this information is collected automatically using cookies and similar technologies when you use the Services provided by Wix and the Biconic store site. Wix permit Biconic to have control over what cookies and similar technologies are used through our site (except those needed to use to properly provide the Services, such as for performance or security related reasons). You can read more about the use of cookies in the Wix Cookie Policy. Some of this information is similarly collected automatically through your browser or from your device.

For more information concerning how your information is used please refer to the Biconic privacy policy and the Wix privacy policy accordingly. 

2 - ONLINE STORE TERMS

Agreement of the Terms of Service, represents that you are at least the age of majority in your country/state/province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

Unless otherwise specified, all materials appearing on this site; including site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Biconic. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.

3- GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your credit card information is always encrypted during transfer over networks. In the absence of express written permission by Biconic, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided.

4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we are not obligated to update information on our site. You agree that it is your responsibility to monitor changes to our site.

5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6 - PRODUCTS OR SERVICES

Products or services listed on our site have limited quantities and are subject to return or exchange only according to our Return Policy. For more detail, please review our Returns Policy. Efforts have been made to ensure we display the colours and images of our products as accurately as possible on the site. Colours will vary based on your computer’s monitor. We are not responsible for any discrepancy in colour. We withhold the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis. Descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed through the Biconic store website. We reserve the right to place a limitation of product sales purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In circumstances where changes to the order or a cancellation is undertaken, attempts will be made by us to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You, the user, agree to provide current, complete and accurate purchase and account information for all purchases made on the Biconic store. You agree to maintain updated account and other information, including your email address and credit card numbers and expiration dates, to allow for the successful completion of transactions and contact where necessary.

8 – SHIPPING, ORDERS AND TAXATION

We will ship your product as it becomes available. Usually, products ship by 1-3 business days. However, there may be times when the product you have ordered is out-of-stock, or circumstances outside of our control dictate a delay to fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.

Most orders will ship within 1-3 business days, provided the product ordered is in stock. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.

We cannot guarantee when an order will arrive. Biconic is not liable for the loss and/or damage to products during delivery. Consider any shipping or transit time offered to you by this site or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise.

Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United Kingdom, where Biconic holds a presence. For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Biconic shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Biconic shall also have the right to refuse or cancel any such orders even if  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, Biconic will issue a refund to your card in the amount of the incorrect price.

9 - THIRD-PARTY LINKS AND TOOLS

We may provide you with access to third-party tools and links over which we neither monitor nor have any control nor input. 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. Any use by you, the user, of these tools and links offered through the site is done so at your own risk. Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy for more information. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). Our store is not responsible for the actions of third parties.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Biconic may, in the future, offer new services and/or features through the website (including, the release of new tools, resources and links). All new features and/or services are subject to these Terms of Service.

10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, or at your own discretion you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you withhold the intellectual rights. If we, at any time, decide to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, you will be contacted and asked for your express permission for us to do so in advance. We are not obligated to maintain any comments in confidence or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that any comments made by you, the user, will not violate the rights of any third-party, pertaining to copyright, trademark, privacy, personality or other personal or proprietary right. You agree that your comments will not contain libelous or unlawful, abusive or obscene material. You agree that any material (including comments) posted to the us via our website or any other communicative platform will not contain computer viruses or any form of malware that could affect the operation of the Service or any related website. You agree to not use false e-mail addresses, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Biconic hold no responsibility and assume no liability for any comments posted by you or any third-party.

11 - PERSONAL INFORMATION

Submission of personal information online, by email, by postal mail, or otherwise is governed by our Privacy Policy. 

12 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to, but hold no obligation to,  alter, update, or remove information on our site, or in the Service, found to contain typographical errors, inaccuracies or omissions, pertaining to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, without prior notice.

13 - PROHIBITED USE

You, the user, are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee your use of our service will be uninterrupted, timely, secure or error-free. We do not guarantee the results obtained from the use of the service will be accurate or reliable. You, the user, agree to the periodic removal of the service for indefinite periods of time or to the cancellation of the service at any time, without notice to you. You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, in the absence of representation or conditions of any kind. In no case shall Biconic, our directors, employees, affiliates, contractors, 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, wrongdoing (including negligence), strict liability or otherwise, arising from your use of any of the service or any products acquired using the service. Because some nations/states/ jurisdictions do not permit the exclusion or the limitation of liability for consequential or incidental damages, in such nations/states/ jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15 - Biconic Toy Hospital

Selected products listed on our store are subject to warranty under the ‘Biconic Toy Hospital’. Qualification for warranty under the ‘Toy Hospital’ is stated in the product description on the product page of the selected product. Products qualifying for warranty under the ‘Toy Hospital’ have been designed, made and sold by Biconic. Products qualifying for warranty under the ‘Toy Hospital’ are eligible for a ‘lifetime warranty’. Under a ‘lifetime warranty’ a product made by Biconic can be sent back to us, repaired and sent back out to you, the customer, if it is found to have become unusable due to structural defects deemed a design fault. The ‘lifetime warranty’ is valid for 25 years and as long as Bicons Boutique LTD remains a business entity. Biconic retains the sole right to reject a claim for repair, and therefore void the ‘lifetime warranty’, if we believe the product requires repair due to a fault caused by misuse by you, the owner and user of the item.

16 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You reserve the right to terminate these Terms of Service at any time by notifying Biconic 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 of Service, 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).

19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with UK law.

21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via email.