Condiciones de uso

Condiciones de uso

 

 

 

Last updated: May 3, 2021

 

 

 

 

 

Welcome to Burbry.com. Burbry.com Services LLC and/or its affiliates ("Burbry") provide website features and other products and services to you when you visit or shop at Burbry.com, use Burbry products or services, use Burbry applications for mobile, or use software provided by Burbry in connection with any of the foregoing (collectively, "Burbry Services"). By using the Burbry Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

 

 

 

 

 

Please read these conditions carefully.

 

 

 

We offer a wide range of Burbry Services, and sometimes additional terms may apply. When you use an Burbry Service (for example, Your Profile, Gift Cards, Burbry Video, Your Media Library, Burbry devices, or Burbry applications) you also will be subject to the guidelines, terms and agreements applicable to that Burbry Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

 

 

 

 

PRIVACY

 

 

 

Please review our Privacy Notice, which also governs your use of Burbry Services, to understand our practices.

 

 

 

 

 

ELECTRONIC COMMUNICATIONS

 

 

 

When you use Burbry Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Burbry Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 

 

 

 

 

 

 

 

 

 

COPYRIGHT

 

 

 

All content included in or made available through any Burbry Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Burbry or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Burbry Service is the exclusive property of Burbry and protected by U.S. and international copyright laws.

 

 

 

 

 

 

 

 

 

 

 

TRADEMARKS

 

 

 

Click here to see a non-exhaustive list of Burbry trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Burbry Service are trademarks or trade dress of Burbry in the U.S. and other countries. Burbry's trademarks and trade dress may not be used in connection with any product or service that is not Burbry's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Burbry. All other trademarks not owned by Burbry that appear in any Burbry Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Burbry.

 

 

 

 

 

 

 

 

 

 

 

PATENTS

 

 

 

One or more patents owned by Burbry apply to the Burbry Services and to the features and services accessible via the Burbry Services. Portions of the Burbry Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Burbry patents and applicable licensed patents.

 

 

 

 

 

 

 

 

 

 

 

LICENSE AND ACCESS

 

 

 

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Burbry or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Burbry Services. This license does not include any resale or commercial use of any Burbry Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Burbry Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Burbry or its licensors, suppliers, publishers, rightsholders, or other content providers. No Burbry Service, nor any part of any Burbry Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Burbry. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Burbry without express written consent. You may not use any meta tags or any other "hidden text" utilizing Burbry's name or trademarks without the express written consent of Burbry. You may not misuse the Burbry Services. You may use the Burbry Services only as permitted by law. The licenses granted by Burbry terminate if you do not comply with these Conditions of Use or any Service Terms.

 

 

 

 

 

 

 

 

 

 

 

YOUR ACCOUNT

 

 

 

You may need your own Burbry account to use certain Burbry Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Burbry does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Burbry Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Burbry Household. Alcohol listings on Burbry are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Burbry reserves the right to refuse service, terminate accounts, terminate your rights to use Burbry Services, remove or edit content, or cancel orders in its sole discretion.

 

 

 

 

 

 

 

 

 

 

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

 

 

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Burbry reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

 

 

 

 

 

 

If you do post content or submit material, and unless we indicate otherwise, you grant Burbry a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Burbry and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Burbry for all claims resulting from content you supply. Burbry has the right but not the obligation to monitor and edit or remove any activity or content. Burbry takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

 

 

 

 

 

 

 

 

 

INTELLECTUAL PROPERTY COMPLAINTS

 

 

 

Burbry respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement

 

 

 

 

 

 

 

 

 

 

 

RISK OF LOSS

 

 

 

All purchases of physical items from Burbry are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

 

 

 

 

 

 

 

 

 

 

RETURNS, REFUNDS AND TITLE

 

 

 

Burbry does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Burbry does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

 

 

 

 

 

 

 

 

 

 

 

PRODUCT DESCRIPTIONS

 

 

 

Burbry attempts to be as accurate as possible. However, Burbry does not warrant that product descriptions or other content of any Burbry Service is accurate, complete, reliable, current, or error-free. If a product offered by Burbry itself is not as described, your sole remedy is to return it in unused condition.

 

 

 

 

 

 

 

 

 

 

 

PRICING

 

 

 

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Burbry and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Burbry.

 

 

 

 

 

 

 

With respect to items sold by Burbry, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Burbry is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

 

 

 

 

 

 

 

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 

 

 

 

 

 

 

 

 

 

 

APP PERMISSIONS

 

 

 

When you use apps created by Burbry, such as the Burbry App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.

 

 

 

 

 

 

 

 

 

 

 

SANCTIONS AND EXPORT POLICY

 

 

 

You may not use any Burbry Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Burbry Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Burbry Software), technology, and services.

 

 

 

 

 

 

 

 

 

 

 

OTHER BUSINESSES

 

 

 

Parties other than Burbry operate stores, provide services or software, or sell product lines through the Burbry Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Burbry. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Burbry does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

 

 

 

 

 

 

 

 

 

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

 

 

THE Burbry SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Burbry SERVICES ARE PROVIDED BY Burbry ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Burbry MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Burbry SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Burbry SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Burbry SERVICES IS AT YOUR SOLE RISK.

 

 

 

 

 

 

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, Burbry DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Burbry DOES NOT WARRANT THAT THE Burbry SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Burbry SERVICES, Burbry'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Burbry ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Burbry WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Burbry SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Burbry SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

 

 

 

 

 

 

 

 

 

 

DISPUTES

 

 

 

Any dispute or claim relating in any way to your use of any Burbry Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

 

 

 

 

 

 

 

 

 

 

 

APPLICABLE LAW

 

 

 

By using any Burbry Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Burbry.

 

 

 

 

 

 

 

 

 

 

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

 

 

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Burbry Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

 

 

 

 

 

 

 

 

 

 

OUR ADDRESS

 

 

 

 

 

 

 

 

 

 

 

Burbry.com, Inc.

 

 

 

P.O. Box 81226

 

 

 

Seattle, WA 98108-1226

 

 

 

https://www.Burbry.com

 

 

 

 

 

 

 

ADDITIONAL Burbry SOFTWARE TERMS

 

 

 

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Burbry Services (the "Burbry Software").

 

 

 

 

 

 

 

Use of the Burbry Software. You may use Burbry Software solely for purposes of enabling you to use the Burbry Services as provided by Burbry, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Burbry Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Burbry Software in whole or in part. All software used in any Burbry Service is the property of Burbry or its software suppliers and is protected by United States and international copyright laws.

 

 

 

Use of Third Party Services. When you use the Burbry Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

 

 

No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Burbry Software, whether in whole or in part.

 

 

 

Updates. We may offer automatic or manual updates to the Burbry Software at any time and without notice to you.

 

 

 

Government End Users. If you are a U.S. Government end user, we are licensing the Burbry Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Burbry Software are the same as the rights we grant to all others under these Conditions of Use.

 

 

 

Conflicts. In the event of any conflict between these Conditions of Use and any other Burbry or third-party terms applicable to any portion of Burbry Software, such as open-source license terms, such other terms will control as to that portion of the Burbry Software and to the extent of the conflict.

 

 

 

 

 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

 

 

 

Burbry accepts service of subpoenas or other legal process only through Burbry’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

 

 

 

 

 

Burbry.com, Inc.

 

 

 

Corporation Service Company

 

 

 

300 Deschutes Way SW, Suite 208 MC-CSC1

 

 

 

Tumwater, WA 98501

 

 

 

Attn: Legal Department – Legal Process

 

 

 

 

 

 

 

 

 

 

 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Burbry devices; and IP address and complete time stamps.

 

 

 

 

 

 

 

 

 

 

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

 

 

 

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.