BURN, LDA. This Agreement was last revised on May 1, 2015.
Welcome to the Bica Chair website, an online service of BURN, LDA. (“Burn,” “we,” or “us”). This page explains the terms by which you may use our online services and website, provided on or in connection with Burn (collectively the “Service”). By using the Service, you agree that you have read, understood, and agree to be bound by these Terms & Conditions (the “Agreement”).
We reserve the right to amend this Agreement at any time, provided that no notice shall be required or given for changes to the Agreement. If you do not agree to any of these terms or any future Terms & Conditions, your only remedy shall be to not use or access (or continue to access) the Service. This Agreement applies to all visitors and others who access the Service (“Users”).
You may use the Service only if you can form a binding contract with Burn, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Burn reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
2. Service Rules
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Burn servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that, subject to the privacy settings of our Users, Burn grants the operators of public search engines revocable permission to use spiders to copy materials from Burn for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
3. Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights and photographs, and all Intellectual Property Rights related thereto, are the exclusive property of Burn. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Burn Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Burn under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
4. Billing Policies
You agree to the pricing and payment terms for such paid features that we will provide to you and that we may update them from time to time. Burn may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you. If you do not wish to pay the new or modified fees or charges, your sole remedy shall be to terminate your access to the applicable services.
If you purchase an item through the Service, your purchase will be processed in accordance with our Orders section, delivered to you according to our Shipping section, and, if applicable, returns will be handled in accordance with our Returns policy, all of which are incorporated herein by this reference.
5. Payment Information: Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
All prices on products are listed including Portuguese VAT. In countries where Burn is not required to collect sales tax, your purchase may be subject to use tax in accordance with your country’s laws. Some purchases may be exempt from taxation; however, a purchase is not exempt merely because it was made over the Internet. Your country may require its residents to report all purchases of tangible personal property or digital property that are not taxed by the retailer, and pay use tax on those purchases unless exempt under your country’s laws. The tax may be reported and paid on an individual income tax return or by filing a consumer tax return.
Burn cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Burn and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or (iv) your violation of any applicable law, rule or regulation;
The Service is controlled and operated from its facilities in Portugal. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Burn without restriction.
10. Governing Law
This Agreement shall be governed by the internal substantive laws of Portugal, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Burn hereby expressly consent to the exclusive personal jurisdiction of the courts of Lisbon, Portugal.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Lisbon, Portugal. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted.
12. Entire Agreement / Severibility
This Agreement, together with any amendments and any additional agreements you may enter into with Burn in connection with the Service, shall constitute the entire agreement between you and Burn concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
13. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Burn’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you wish to buy the BICAChair, you can place an order by contacting us or sending an email to email@example.com. There are currently nine colours available:
- Black Metal (RAL:);
- Blood Red (RAL:);
- Champagne (RAL:);
- Early Gray (RAL:);
- Green Frog (RAL:);
- Ocean Blue (RAL:);
- Oil Blue (RAL:);
- Snow White (RAL:); and
- Yellow Toast (RAL:).
Our products ship directly from BICAChair’s warehouse in Portugal and arrive to you in less than 3 weeks, but certain custom made and special products can take a bit longer. Burn ships worldwide, and shipping costs are added separately.
After an extra check on order quantity and color specs, all furniture is thoroughly inspected at several key points and documented in our preparation and shipping process to make sure it is received in good condition. Therefore, after shipping, all orders are nonrefundable.
If you wish to modify your order after it has been placed, please send us an email to firstname.lastname@example.org.
Are prices on products are listed including Portuguese VAT (23%). For company orders within the European Union, if you have a valid VAT number, we can deduct the Portuguese VAT.
Please be advised that in countries where BICAChair is not required to collect sales tax, your purchase may be subject to use tax in accordance with your country’s laws. Your country may require its residents to report all purchases of tangible personal property that are not taxed by the retailer, and pay use tax on those purchases unless exempt under you country’s laws. The tax may be reported and paid on an individual income tax return or by filling a consumer tax return.
Do you wish to buy the BICAChair, have any questions or media inquiries? We love to keep in touch! If forms seem way too complicate, you can always email us at email@example.com.