TERMS AND CONDITIONS OF USE

Welcome to beriozkashop.com!  Beriozkashop.com provides its services to you subject to the following terms and conditions (the “Terms”).  By accessing and using this internet site, you agree to these Terms; if you do not agree, do not use this site.  Please read these terms carefully.  In addition, the beriozkashop.com site provides information concerning many products and services, as well as the opportunity to obtain additional information regarding those products and services or to purchase them.  If these Terms are inconsistent with the terms and conditions of your purchase, the terms and conditions of your purchase shall prevail, unless otherwise provided herein.  To the extent any area of the beriozkashop.com site contains specific terms and conditions governing its use, and, further, to the extent that those specific terms and conditions are inconsistent with these Terms, the specific terms and conditions shall prevail, unless otherwise provided herein.

To understand our privacy practices, please review our Privacy Statement, which also governs your visit to the beriozkashop.com site.

COMPLIANCE

You hereby agree to comply with all applicable laws, statutes, ordinances, and regulations concerning your use of the beriozkashop.com site.  Beriozkashop.com does not sell products to children.  You must be 18 or older to use the beriozkashop.com site.

ELECTRONIC COMMUNICATIONS  

You communicate with beriozkashop.com electronically when you visit the beriozkashop.com site or send us e-mails.  Beriozkashop.com will communicate with you by e-mail or by posting information on the beriozkashop.com site.  You hereby understand and agree that all notices, agreements, disclosures, among other communications, that we provide to you electronically meet any legal requirements that such communications be in writing. 

CONTENT

“Content” shall be understood as all text, images, photographs, graphics, descriptions, data, logos, illustrations, audio clips, and digital downloads posted on the beriozkashop.com site and includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.  The Content may include errors, typographical or otherwise, omissions, or may be out of date, and may be changed, deleted or updated by beriozkashop.com at any time and without prior notice.   

Unless otherwise specified, all Content posted on the beriozkashop.com site is protected by copyright, trademark, and other proprietary rights, and is either owned by beriozkashop.com or has its use licensed to beriozkashop.com.   The Content may be viewed and used for no purpose other than for personal information and for shopping on the beriozkashop.com site.  Beriozkashop.com does not, otherwise, grant to you or any third person the right to use, reproduce, copy, transmit, display, publish, sell, license, distribute by any means, method or process, currently known or hereafter developed, any of the Content on, or accessible through the beriozkashop.com site.  Any use of the Content that is not specifically permitted by these Terms or expressly permitted in the Content or in writing by beriozkashop.com is strictly prohibited.     

CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you have reason to believe that your work has been copied in a manner which constitutes copyright or other intellectual property infringement, you should notify beriozkashop.com. Notification of copyright or other intellectual property infringement should include:

-          An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

-          A description of the copyrighted work or other intellectual property that you claim has been infringed;

-          A description of where the material that you claim is infringing is located on the site, including any identifying number, if applicable.

-          Your address, telephone number, and email address;

-          A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;

-          A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Beriozkashop.com’s Copyright Agent for notice of claim of copyright or other intellectual property infringement can be reached as follows:

Beriozkashop.com Inc.

304 Hudson St.

New York, NY 10013

SITE ACCESS

You may not download (other than page caching) or modify the beriozkashop.com site or any portion of it, without express written consent of beriozkashop.com.  Beriozkashop.com prohibits any resale or commercial use of the beriozkashop.com site and/or its Content, any collection and use of any product listing, descriptions, or prices, any derivative use of the beriozkashop.com site and/or its Content, any downloading or copying of account information for the benefit of another merchant, and any use of data mining, robots, or similar data gathering and extraction tools.  The beriozkashop.com site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of beriozkashop.com.  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 beriozkashop.com without the express written consent of beriozkashop.com.  You may not use any meta tags or any other “hidden text” utilizing the beriozkashop.com name or trademarks without the express written consent of beriozkashop.com.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account and password.  You agree to notify beriozkashop.com immediately of any unauthorized use of your account or password, or any other breach of security.  However, you may be held liable for losses incurred by beriozkashop.com or any other user of or visitor to the site due to someone else using your password or account.  Beriozkashop.com reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.

ONLINE CONDUCT 

You agree to use the beriozkashop.com site only for lawful purposes.  You may not post or transmit any illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable material of any kind on the beriozkashop.com site, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  Beriozkashop.com reserves the right to prohibit any conduct, communication, or Content that it deems, in its sole discretion, to be unlawful or harmful to you, beriozkashop.com, or any third party.  Notwithstanding the foregoing, beriozkashop.com cannot ensure prompt removal of questionable Content after posting.  Neither beriozkashop.com, nor any of its directors, officers, employees or agents assumes any liability for any action or inaction with respect to conduct, communication, or Content on beriozkashop.com. 

f you do post Content or submit material, and unless we indicate otherwise, you grant beriozkashop.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.  You grant beriozkashop.com the right to use the name that you submit in connection with such Content.  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 in any way and will not cause injury to any person or entity; that you indemnify beriozkashop.com for all claims resulting from Content you supply.  Beriozkashop.com takes no responsibility and assumes no liability for any Content posted by you or any third party.

LINKS

Links to internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by beriozkashop.com of the content, policy or practice of such linked sites.   Linked sites are not operated, controlled, or maintained by beriozkashop.com, and beriozkashop.com is not responsible for the availability, content, security, policies, and practices of linked sites. The links are provided for your convenience only and you access them at your own risk

PRICES AND ORDERS

All prices displayed on the beriozkashop.com site are quoted in U.S. dollars.  Beriozkashop.com may restrict delivery to addresses within the and .  Beriozkashop.com may, at any time, discontinue or change specifications and prices on products and services offered on the beriozkashop.com site without incurring any obligations to you.  Products sold on the beriozkashop.com site are available while supplies last.   

Verification of information may be required prior to beriozkashop.com’s acceptance of an order.  Therefore, your receipt of an order confirmation does not constitute beriozkashop.com’s acceptance of that order.  Beriozkashop.com may, at any time after receipt of your order, accept or decline that order, or any portion thereof, for any reason, even after your receipt of an order confirmation from beriozkashop.com.  Beriozkashop.com may limit the order quantity on any item and refuse service to any customer without prior notification.  

In the event a product or service is listed at an incorrect price due to supplier pricing information or typographical error, beriozkashop.com may refuse or cancel orders placed for the product listed at an incorrect price, even after your order has been confirmed and your credit card charged.  If beriozkashop.com cancels an order after your credit card has been charged, it will promptly issue a credit to your credit card account in the amount of the incorrect price.   

Beriozkashop.com cannot confirm the price of an item until you order it.  Credit cards are not charged until after the order has entered the shipping process.  Despite beriozkashop.com’s best efforts, a few products in our catalog may be mispriced.  If a product’s correct price is higher that the listed price, beriozkashop.com will either contact you for further instructions or cancel your order and send you notice of the cancellation.  For items ordered from third party vendors through the beriozkashop.com site, you should contact the third party vendor, as it may follow different policies for a mispriced product.

Beriozkashop.com makes every effort to be as accurate as possible.  However, beriozkashop.com does not warrant that product descriptions and other Content of the beriozkashop.com site is accurate, complete, reliable, current, or error-free.  If any product offered by beriozkashop.com is not as described, your only remedy is to return it in unused condition. 

 All products purchased from beriozkashop.com are made pursuant to a shipment contract.  The risk of loss and title for such products pass to you upon beriozkashop.com’s, or the third party vendor’s, delivery to the carrier. 

 

REFUND POLICY 

Beriozkashop.com stands behind the high quality of the products and services offered on the internet site.  Please check your order immediately upon receiving it, particularly if your delivered package looks damaged.

Within seven days of receipt of your shipment, you may return any purchased product, for any reason, for a full refund, excluding the original shipping costs charged to you.  For certain returned products, you may be charged a re-stocking fee at our discretion.  Exchanges will be made if the product you purchased is defective or damaged.

 

Refunds will be issued only upon the receipt of unused product.  You are responsible for all return shipping and handling charges.  If you have any questions or concerns about returning an item, please contact us and we will provide shipment information.  Please note that we can refund shipping costs only if the return is a result of our error.

Please securely wrap the items you are returning using the original shipping box, if possible, and return with a delivery confirmation so that you have a record that your item was returned to us.  For your own protection, we recommend that you insure the package for its return trip to beriozkashop.com.  All items must be returned in their original packaging, along with all accessories, parts, and instructions that were shipped with your original order.  Our seven-day return policy starts from the day your product is received.  We need to have the return package postmarked within seven days of the date that your item was delivered, regardless of what date the product was first used.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BERIOZKASHOP.COM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BERIOZKASHOP.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. BERIOZKASHOP.COM DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THIS SITE, OR ANY OTHER SITE MADE AVAILABLE TO YOU THROUGH THIS SITE, WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE, OR ANY OTHER SITE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR EMAILS SENT FROM BERIOZKASHOP.COM, ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. 

BERIOZKASHOP.COM, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU  OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, PRODUCTS, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BERIOZKASHOP.COM SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.  PRICES AND AVAILABILITY OF PRODUCTS ON THE BERIOZKASHOP.COM SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  BERIOZKASHOP.COM RESERVES THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN PLACED).

Please note that some jurisdictions may not allow the exclusion of implied warranties.  Therefore, some of the above exclusions may not apply to you. Check your local law for any restrictions or limitations on implied warranties.

TERMINATION

Beriozkashop.com may, at any time, terminate these Terms without prior notice.  The restrictions with respect to the Content, and the disclaimers, indemnities, and limitations of liability set forth herein, shall survive termination of these Terms. 

 Beriozkashop.com may, at any time, terminate the beriozkashop.com site, or portion thereof, or any products of services offered through the beriozkashop.com site without prior notice.  Beriozkashop.com may also terminate any user’s right to access the beriozkashop.com site, or portion thereof. 

 

SITE POLICIES, MODIFICATION AND SEVERABILITY

Beriozkashop.com may, at any time, make changes to the beriozkashop.com site, its policies and these Terms.  Such changes shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the modified or additional Terms or policies on the beriozkashop.com site.  Your access or use of the beriozkashop.com site after notice of changes to the Terms or policies shall constitute your acceptance of such modified or additional Terms or policies.  In the event any of the conditions in these Terms is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.

APPLICABLE LAW

By accessing and/or using the beriozkashop.com site you agree that the laws of the State of New York , without regard to principles of conflict of laws, will govern these Terms. Any dispute of any sort that may arise between you and beriozkashop.com, relating to your access to the beriozkashop.com site or the products you purchase through the beriozkashop.com site shall be submitted to confidential arbitration in New York City, New York . Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate beriozkashop.com’s intellectual property rights, beriozkashop.com may seek injunctive or other appropriate relief in any state or federal court in the State of New York , and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding any be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

PRIVACY STATEMENT

Beriozkashop.com understands your concern about how information about you is used and shared.  This Privacy Statement describes our privacy policy.  The information we collect is for internal purposes and for compliance with any requirements of the law.  By visiting the beriozkashop.com site, you accept the practices described below.

What information does beriozkashop.com collect from you?

-          Beriozkashop.com may collect personal information needed to contact you later such as your full name, home address and telephone number.  You will have access to your personal information, and will be able to modify it or remove it from our system at any time.  Beriozkashop.com uses this information to complete, support, and analyze your purchases from and use of the beriozkashop.com site.  The information may be disclosed to beriozkashop.com staff and to any third parties involved in your purchase transaction, delivery, or analysis and support of your use of the beriozkashop.com site.  

-          Beriozkashop.com may collect information generated by your purchase of our products or services, including your payment method.  This information is used to complete, support, and analyze your order and may be disclosed to beriozka.com staff and to any third parties involved in your purchase transaction and delivery, or analysis and support of your use of the beriozkashop.com site.

-          Beriozkashop.com may ask for your email address for online communication with you.  Beriozkashop.com may also use this information to complete, support, and analyze your purchases from and use of the beriozkashop.com site.  Your email address may be disclosed to beriozkashop.com staff and to any third parties involved in your purchase transaction and delivery, or analysis and support of your use of the beriozkashop.com site.

-          Beriozkashop.com may collect navigational or clickstream data that shows it what pages you visited, and what features were used for how long.  This information is not linked to you personally, so it will not reveal your identity.  Beriozkashop.com uses this information to complete, support, and analyze your purchases from and use of the beriozkashop.com site.  This information may be disclosed to beriozkashop.com staff and to any third parties involved in your purchase transaction and delivery, or analysis and support of your use of the beirozkashop.com site.

Beriozkashop.com may disclose your information to protect its legal rights if the information relates to actual or threatened harmful conduct, or if beriozkashop.com has good faith belief that such action is necessary to (i) conform to the requirements of law or comply with governmental orders, court orders, or leg process served on beriozkashop.com, or (ii) protect and defend beriozkashop.com’s property or rights, the users of its website, or the public.  Beriozkashop.com may exchange information with other companies and organizations for fraud protection and credit risk protection.  In the event beriozkashop.com files for bankruptcy or merges with another company, it may sell the information you provide on the beriozkashop.com site to a third party, or share the information with the company it merges with.

Cookies 

Beriozkashop.com uses cookies to record your preferences.  Cookies allow beriozkashop.com to keep track of your shopping cart and to remember you when you return to our website.  Cookies are very small text files that are stored on your computer when you visit certain websites.  They do not harm your computer, nor do they contain personal or private information about you.  You must set your browser preferences to accept cookies in order to shop at beriozkashop.com. 

How does beriozkashop.com protect your information?  

Beriozkashop.com uses Secure Sockets Layer (SSL) software that encrypts the information you submit so that only beriozkashop.com can read it. Beriozka.com also follows reasonable technical and management practices to help protect the security and integrity of information stored in our system.  Further, only the last five digits of your credit card number appear on any order confirmation notices or correspondence (the entire number is, of course, transmitted to the credit card company during order processing).  While no computer system is absolutely secure, beriozkashop.com believes its security measures significantly reduce the likelihood of any security or confidentiality problems.

User data is usually kept on the beriozkashop.com server or archives for as long as beriozkashop.com reasonably needs it.  This practice may be altered if requirements change.  Some data may be deleted if beriozkashop.com needs to free up storage space.  Beriozkashop.com may also keep information for longer periods if the law so requires it.  Any information posted in the beriozkashop.com public forums could stay in the public domain for an indefinite period.

Beriozkashop.com has greater control over recently collected data than archived data.  It may not be possible to accommodate specific data management requests regarding data that has been removed from the system and archived. 

Third party sites

Beriozkashop.com is not responsible for the privacy practices or contents of any third party websites accessed through the beriozkashop.com website.  You access and use these third party websites at your own risk.   

This Privacy Statement supersedes any earlier versions.  In the event there is any conflict of policy provision, the Terms and Conditions of Use shall prevail.  Beriozkashop.com may change this Privacy Statement at any time.  It is your responsibility to review this page frequently.