General Terms and Conditions

General Terms and Conditions of Use for the Bordoak.com Website

1. Personal Data & Privacy Policy

The Privacy Policy governs the processing of any personal information that you provide to TILBURY on this Website.
TILBURY may update the Privacy Policy at any time without notice by posting such updates on this Website.
You will find the complete text of the Privacy Policy on the hyperlink labeled “Privacy and Cookies” in the “Legal” section of the footer of the Website.
Please read carefully our Privacy Policy which governs the processing of your personal information.
The Website is intended only for use by individuals 13 years of age and older.

2. Intellectual Property

2.1.
All content and materials on the Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of TILBURY. You may not reproduce, by any means or process, in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.
The “TILBURY” trademark, the trademark image and all other TILBURY related marks, names and logos, whether or not registered, displayed on the Bordoak.com website, as well as the domain name “Bordoak.com,” are and will remain the exclusive property of TILBURY.  Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior, express agreement of TILBURY is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

2.2.
TILBURY remains the owner of the creations relating to the products displayed on the Website.
The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by TILBURY or any TILBURY group companies.
These intellectual property rights prohibit,  inter  alias,  the  affixing  of  the  TILBURY group trademarks and/or  its  logos,  or  the  insertion  of photos of the products or their packaging in any  material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from TILBURY.  You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.

3. Linking

The Website may contain links to third party websites not under the operation or control of TILBURY. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Website if expressly authorized in advance in writing by TILBURY.

4. Limitation of Liability

To the fullest extent permitted by applicable law, TILBURY will not be liable to you, or any third party, for any damages including without limitation indirect, incidental, exemplary, punitive, special or consequential damages, such as loss of profits, loss of goodwill or any other intangible losses, arising out of or in connection with your use or inability to use the Website, any content or materials on this website,  or any of the products or services offered on this website,  even if TILBURY has been advised of the possibility of such damages, except where such liability or damage is the direct result of the gross negligence, fraud or willful misconduct of TILBURY.

5. Disclaimer of Warranty

Use of and browsing in the Website are at your own risk.  TILBURY does not guarantee or represent that:
-the Website is free from viruses, worms, trojan horses or other destructive material;
-the information contained on the Website is accurate, complete or up to date.
The Website may contain technical inaccuracies or other defects; TILBURY does not guarantee that any such defects will be corrected. The Website and its contents are provided on an “as is” and “as available” basis.  TILBURY expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

6. Governing Law – Disputes

The application and enforcement of these Terms and Conditions of Use, the General Terms and Conditions of Sale, and any Specific Terms and Conditions of Sale that may be applicable, shall each be governed by and construed in accordance with the laws of the French Republic, without regard to principles of conflicts of laws.

7. Waiver

The failure of TILBURY to enforce any part of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of TILBURY’ rights hereunder for past or future acts.

8. Severability

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect

GENERAL TERMS AND CONDITIONS OF SALE

Bordoak.com

1. Scope and Agreement on the Terms and Conditions of Sale

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products offered for sale on the Bordoak.com website (“Website”) is subject to these legally binding General Terms and Conditions of Sale and, where applicable, to the Specific Terms and Conditions of Sale (collectively, “Terms and Conditions of Sale”).
Your purchase and order of products on this Website constitutes your agreement with TILBURY (“TILBURY”) to comply with and be bound by the Terms and Conditions of Sale.
The Website is intended for customers looking to purchase products for personal use. Purchasing products on the Website intended for commercial resale is strictly prohibited. When you purchase a product on the Website, you represent and warrant that you are purchasing the product for personal and not commercial purposes and that you do not intend to resell TILBURY products for commercial purposes.
TILBURY may update these Terms and Conditions of Sale at any time without prior notice by posting them on this Website.
For each order you place on the Website, your acceptance of the Terms and Conditions of Sale in force as of the date of your order is required. The Terms and Conditions of Sale in effect at the time of your order will govern that transaction.

2. Placing an Order – Customer Account

2.1.Customer Account

You are required to create an account or log in to your existing account in order to place your order on the Website.
Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your user name 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.
In no event shall TILBURY be liable for any loss, theft or fraudulent use of your account. In such a case, you should inform TILBURY immediately.
Creating an account allows you to view your orders history, add or change your shipping and billing addresses for future orders

2.2.Placing an Order

You may place your order via the Website.
For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order.
You should check that this information accurately reflects your selection before confirming your order.
Upon confirmation, your order will be submitted to TILBURY for processing (see “Order Confirmation”). While every effort is taken to try to ensure that the coloring, design and style of the TILBURY products in the photographs displayed on the Website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device. TILBURY reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, TILBURY shall not be liable for any error or inaccuracy in the photographs or graphical representations of TILBURY products displayed on the Website. If you have any questions about the products, you may contact Customer Service by clicking on the hyperlink labeled “Contact Us”.

3. Products Availability

Products offered for sale and displayed on the Website are subject to availability. TILBURY shall not be liable in case of stock outage or unavailability of products.
TILBURY reserves the right to change the products offered for sale on the Website at any time and without notice.
Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In case a product is not available after you have placed your order, we will inform you by email as soon as possible.

4. Order Confirmation

After you click on the “Confirm and Pay” button, your order will be confirmed and submitted for processing. Once submitted for processing you may not make any changes to or cancel the order, except as expressly provided in these Terms and Conditions of Sale or applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary by e-mail.
TILBURY reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.

5. Price Payment

All prices of TILBURY products are indicated in US dollars, excluding taxes and shipping costs (see “Shipping and Delivery”).
TILBURY reserves the right to modify the prices of products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order was confirmed provided the product ordered is available. TILBURY reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
Payment is due immediately upon confirmation of your order. Credit and debit cards are the only methods accepted for payment on the Website.

All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa®, Diners Club®/Carte Blanche®, American Express®, and JCB®. Your order will only be shipped once we have verified your payment method and received authorization to process your payment.

6. Shipping and Delivery –

6.1.For deliveries to a physical street address:

Products will be shipped to the delivery address(es) specified during the ordering procedure provided such address(es) is(are) located within the Delivery Zone. Any delivery address located outside of the Delivery Zone will be refused during the ordering procedure.
Products purchased via the Website may only be delivered to a physical street address within the Delivery Zone.
TILBURY will not process any order for which a post office box or APO/FPO address is provided.

7. Shipping and Delivery – Shipping costs

Delivery costs depend on the value of your order and the delivery service you select.

8. Returns – Exchanges – Refunds

8.1. To Bordoak.com

8.1.1 Principles and procedure of return:
You may return any product ordered on the Website for exchange or refund within thirty (30) calendar days from the delivery date subject the terms and limitations set out below..
Returned products must be in their original condition and packaging, together with their purchase invoice. TILBURY has sole discretion in determining whether the products purchased via the Website are in original condition when returned.

9. Reservation of title

Products remain the property of TILBURY until payment in full is made to TILBURY.
In case of a payment dispute, you agree to return the received products to TILBURY immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.