Terms of service

OVERVIEW

Welcome to Bugaia! The terms “we,” “us,” and “our” refer to Bugaia. Bugaia operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Bugaia is powered by Shopify, which enables us to provide the Services to you.

The following Terms and Conditions, including any policies referenced herein (the “Terms of Service” or “Terms”), set out your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and address matters such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority under the laws of the state or province in which you reside, and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage.

In order to use the Services, including visiting or browsing our online store or purchasing products or services offered by us, we may require you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign, or license your account to any other person.

ARTICLE 2 – OUR PRODUCTS

We strive to provide the most accurate possible descriptions of our products and services in our online store. However, please note that product colors may differ from how they appear on your screen. This may depend on the type of device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance of any products or services purchased by you will meet your expectations or will match the display or description shown in our online store.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any products offered per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. Bugaia reserves the right to accept or reject your order at its sole discretion for any reason. Your order will only be accepted once it has been confirmed by Bugaia. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. Bugaia may not be able to honor a cancellation request once your order has been accepted. If we do not accept an order, modify it, or cancel it, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number provided during the ordering process. You may only return or exchange purchases in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are intended for personal or household use only and not for commercial resale or export.

ARTICLE 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed. This price will be stated in the order confirmation email you receive after placing your order. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees. Prices displayed in our online store may differ from prices offered in physical stores or in online stores or other retail outlets operated by third parties. From time to time, we may offer promotions relating to the Services which may affect pricing and which may be subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the prices displayed, including shipping fees, handling charges, and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery dates provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have delivered the products to the carrier, title and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement thereof, are owned by Bugaia, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries. These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property rights of Bugaia, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bugaia. The Bugaia name, logo, product names, service names, designs, and slogans are trademarks of Bugaia or its affiliates or licensors. You may not use such trademarks without the prior written consent of Bugaia. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services. We do not monitor or have any control over such tools. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any damages arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s). We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated or provided by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access third-party materials or websites, you do so at your own risk. We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content from third-party websites. Please carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This article accurately describes Shopify’s relationship with your store and must not be removed or modified.]

Bugaia uses Shopify to provide the Services to you. However, all sales and purchases made through our store are conducted directly with Bugaia. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Bugaia, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchases and transactions with Bugaia.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read the applicable Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide the Services to you. Please refer to our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may exercise our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service. You further represent and warrant that: (i) you are the sole owner of all Feedback or have all necessary rights to submit such Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms. You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

ARTICLE 13 – PROHIBITED USE

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for unlawful or harmful activities;
(b) to violate any applicable international, national, federal, provincial, or local laws or regulations;
(c) to infringe upon our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others;
(e) to submit false or misleading information;
(f) to transmit or upload material that does not comply with these Terms;
(g) to send or facilitate the sending of advertising or promotional material, including spam or chain letters;
(h) to impersonate any person or entity; or
(i) to engage in conduct that restricts or inhibits others from using the Services, or that may harm Bugaia, Shopify, or users.

You also agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track personal information of others;
(d) engage in spam, phishing, scraping, crawling, or similar practices; or
(e) interfere with security features of the Services.

We reserve the right to suspend or terminate your account at any time without prior notice if you violate these Terms.

ARTICLE 14 – TERMINATION

We may terminate this Agreement or your access to the Services at any time, without prior notice, at our sole discretion. You remain liable for all amounts due up to the date of termination. The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

UNLESS EXPRESSLY STATED BY BUGAIA, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUGAIA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bugaia, Shopify, and their affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights; or
(3) your use of the Services.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision. These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements or communications. Any ambiguities shall not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT

You may not assign or transfer this Agreement or your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without notice.

ARTICLE 21 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Bugaia has its registered office. You and Bugaia agree to the exclusive jurisdiction of the competent courts in that jurisdiction.

ARTICLE 22 – HEADINGS

The headings used in these Terms are for convenience only and shall not affect their interpretation.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will provide notice of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services following any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at ilayda@mnlt.be

Our contact details are provided below:

Bugaia
Email: ilayda@mnlt.be
Address: Weverslaan 17, 9160 Lokeren