Terms of Use
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
(1) Applicability of Terms and Conditions: These terms and conditions (these “Terms“) shall apply to your purchase of products and related services through WWW.BLACKHOLIDAYSHOPPING.COM (the “Site“). These Terms are subject to change at any time without prior written notice by THE BELE COMPANY, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
(2) Online Orders: When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
(3) Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
(4) Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
(5) Returns: If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; (iii) the merchandise is returned in the same condition as originally received by you; and (iv) the goods are not obsolete or discontinued. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges and a 20% re-stocking fee. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: https://blackholidayshopping.com/shipping-returns-and-refunds/). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
(6) Privacy Policy: Please review our Privacy Policy, which can be found at the following addresse respectively: https://blackholidayshopping.com/terms-of-use-privacy-policy/. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.
(8) Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
(a) Buyer’s R&Ws: You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
(b) MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
(c) LIABILITY CAP: UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
(9) Third-Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
(10) Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
(11) Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
(12) Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
(13) Governing Law/Binding Arbitration:
(a) Governing Law These Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.
(b) Binding Arbitration: Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrators sitting in Hillsborough County, Florida. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Florida. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (13) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
(c) Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
(14) No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
(15) Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) facsimile, at: 813-535-4005; or (ii) personal delivery, overnight courier, or registered or certified mail to: The Bele Company, LLC, PO Box 271, Oldsmar, Florida.
(16) Entire Agreement: These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
Privacy Policy
ONLINE PRIVACY NOTICE
1. Introduction.
(a) Web Site Owner. The Bele Company, LLC (“Bele”) is the owner of this web site (“Bele Web Site”). Bele can be contacted by mail at PO Box 271, Oldsmar, Florida 34677, by phone at 813.279.8057, or by e-mail at [email protected]. This online privacy notice discloses Bele information practices for this Bele Web Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. Note that other Bele web sites may be governed by privacy notices containing different information practices applicable to those sites.
(b) Web Site Visits. Bele collects certain information from Bele Web Site visitors. This includes, but is not limited to, the home server domain name, e-mail address, type of computer and web browser, what pages visitor accessed, and limited information about search requests. This information is used to solve technical problems and to calculate overall usage statistics.
(c) Web Site Transactions. At times, Bele will need personal information regarding a customer or a prospect. For example, to process an order or provide a subscription, Bele may need to know a customer’s name, mailing address, e-mail address and credit card details. It is Bele’s intent to inform you before Bele collects personal information, such as user’s name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, Bele will respect your wishes.
2. Personal Information That May Be Collected.
(a) Identifying Information. In order to make a purchase, Bele will request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. Bele may request additional information necessary to establish and maintain customer’s account.
(b) Service Quality Monitoring. Some Web site transactions may require a customer to telephone Bele, or Bele to call the customer. Bele will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is Bele’s practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.
(c) Information from Children. Bele does not sell products or services for purchase by children, and will not collect or post information from a child under the age of 16 without the involvement of a parent or guardian. Bele will notify the child’s parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child’s use of the Web site and providing instructions as to how the parent or guardian can delete the child’s registration from the Web site. Bele does not use personally identifying information collected from children for marketing or promotional purposes, and does not disclose such information to any third party for any purpose whatsoever.
(d) Lost or Stolen Information. If a customer’s credit card and/or password is lost or stolen, the customer should promptly notify Bele in order to enable Bele to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
(e) Chat Rooms, Forums and Bulletin Boards. If customer participates in an Bele chat room, discussion forum, or posts messages to an Bele bulletin board, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside Bele, who have access to that chat room, forum or bulletin board. Some individual Bele chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant’s expressed opinion is his or her own and should not be considered as reflecting the opinion of Bele.
(f) Links to Other Web Sites. An Bele Web site may contain links to other web sites. Bele is not responsible for the privacy practices or the content of those other Web sites.
3. Uses Made of the Information.
(a) Limited Uses Identified. Personal information collected by Bele will be used by Bele for the following purposes: statistical analysis of customer’s behavior; for product development; for content improvement; to customize the content and layout of Bele’s Web site; for internal company reviews.
(b) Marketing Uses. The information you provide to the Bele Web site may also be collected, used, analyzed and/or processed by Bele, or selected third parties on Bele’s behalf, for marketing and other business purposes. Before Bele uses the information, however, Bele will notify customers and offer customers the opportunity opt-out if a customer wishes not to have personal identifying information used in this way.
(c) Stored Information Uses. Bele stores the information entered on the ABC Web site. Stored information is used by Bele and Bele agents: to support customer interaction with the Bele Web site; to deliver customer purchases; and/or to contact customer again about other Bele services and products.
(d) Online Advertising. Some companies that help Bele deliver interactive on-line advertising, such as banner ads, may collect and use information about Bele’s customers to help Bele better understand the types of advertising or promotions that are most appealing to Bele’s customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please mark an “x” on the opt-out option box herein provided.
4. Disclosure of the Information.
(a) Within Corporate Organization. Bele is a multinational organization, with legal entities, business processes, management structures, and technical systems that cross borders. Bele may share your personal information within the Bele corporate organization, and may transfer the information to countries in the world where Bele conducts business. Some countries may provide less legal protection for customer personal information.
(b) Mergers and Acquisitions. For the purpose of developing and expanding its business, Bele may share, rent, sell or buy business assets. In such transactions, customer information is generally one of the transferred business assets. Also, in the event Bele is acquired, customer information will be one of the transferred assets.
(c) Agents. Bele employs or engages other companies and individuals to perform business functions on behalf of Bele. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
(d) Affiliated Businesses. Bele works closely with affiliated businesses operating web site stores, providing services or selling products on each other’s Web sites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.
(e) Marketing Analysis by Third Parties. Bele reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.
(f) Disclosure to Governmental Authorities. Bele releases personal identifying information when Bele believes release is appropriate to comply with law, to enforce Bele agreements, or to protect the rights, property or safety of Bele customers. Bele may also release such information in an exchange of information with other companies and/or organizations for the purposes of fraud protection and credit risk reduction.
5. Use of Computer Tracking Technologies.
(a) No Tracking of Personal Information. Bele’s Web Site(s) are not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs Bele does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
(b) Use of Cookies. Bele, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including “cookies.” A cookie is an alphanumeric identifier that a Web site can transfer to customer’s hard drive through customer’s browser. The cookie is then stored on customer’s computer as an anonymous tag that identifies the customer’s computer, but not the customer. Cookies may be sent by Bele or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Web sites may not then work properly.
(c) Use of Web Beacon Technologies. Bele may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web site, a non-identifiable notice of that visit is generated which may be processed by Bele or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer’s visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
(d) Collection of Non-Identifiable Information. Bele may collect non-identifiable information from user visits to the Bele Web site(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on Bele Web site(s); Web site and system administration; user analysis; and business decision making. Such information is sometimes known as “clickstream data.” Bele or its contractors may use this data to analyze trends and statistics.
(e) Collection of Personal Information. Bele collects personal identifying information from customer during a transaction. Bele may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help Bele understand trends and patterns. This information is not reviewed at an individual level.
6. Information Security.
(a) Commitment to Online Security. Bele intends to protect customer personal information and to maintain its quality. To achieve information security and quality, Bele implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information.
(b) No Liability for Acts of Third Parties. Bele will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Bele shall not be liable for unauthorized disclosure of personal information due to no fault of Bele including, but not limited to, errors in transmission and unauthorized acts of Bele staff and third parties.
7. Privacy Policy Changes and Opt-Out Rights.
(a) Changes to Privacy Policy. This privacy notice was last updated on June 21, 2020. Bele reserves the right to update its privacy policy statement at any time. A notice of any material change will be posted on the Bele Web site on page Privacy Policy for thirty (30) days prior to the implementation of such change.
(b) Opt-Out Right. Customer and prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by Bele and/or by any third parties with whom Bele has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting Bele via e-mail at [email protected], telephone or certified postal mail. After processing the cancellation, Bele will delete customer or prospective customer’s personal information from its data base.
8. Access Rights to Data.
(a) Information Maintained by Bele. Upon customer’s request, Bele will provide a reasonable description of customer’s personally identifiable information that Bele maintains in its data bank. Bele can be contacted by e-mail at [email protected], telephone at 813.279.8057, or certified postal mail at PO Box 271, Oldsmar, Florida 34677.
(b) Corrections and Changes to Personal Information. Help Bele to keep customer personal information accurate. If customer’s personal information changes, or if customer notes an error upon review of customer information that Bele has on file, please promptly e-mail Bele at [email protected] and provide the new or correct information.
9. Accountability.
(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about Bele compliance with this privacy policy, you may contact Bele by e-mail at [email protected]. If Bele is unable to resolve your complaint to your reasonable satisfaction or if customer does not receive acknowledgment of an inquiry, customer may elect to proceed by contacting .
(b) Terms of Use. If customer chooses to enter into a purchase order, customer’s action is hereby deemed acceptance of Bele practices described in this policy statement. Any dispute over privacy between customer and Bele is subject to the provisions of this notice and to Bele’s Terms of Use Agreement which is hereby incorporated herein and which can be read above.