Terms of service

OVERVIEW
Welcome to the BRhydraulic store. The terms “we”, “us” and “our” refer to the BRhydraulic store. The BRhydraulic store offers this store and website, including all information, tools, features, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here ("Services"). The BRhydraulic store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Services to you.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service" or "Terms"), govern your access to and use of the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, remedies, and obligations, including various limitations and exclusions of liability.

By visiting our site, interacting with it, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://brhydraulic.eu/policies/privacy-policy. If you do not agree to all the terms and conditions of this agreement or the Privacy Policy, then you may not access the website or use any Services. 

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, control, or will acquire.
To access the Services, including browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided to our stores is correct, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not assign, sell, transfer, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products and services that appear at the store. However, please note that the colors and appearance of products may vary from what you see on your device screen depending on the type of device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased or obtained by you will meet your expectations or exactly match the presentation in our online stores.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time and we may limit the quantities of any products or services that we offer to any person, geographic region or jurisdiction as applicable.

SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. BRhydraulic reserves the right to accept or decline your order for any reason and at its sole discretion. Your order will not be accepted until the BRhydraulic store confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before placing it, as the BRhydraulic store may not be able to accommodate cancellation requests once the order is accepted. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy https://brhydraulic.eu/policies/refund-policy.
You represent and warrant that you are purchasing products for personal use only and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. This will be stated in your order confirmation email. Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, duties, or import fees.
Prices listed in our online stores may differ from those offered in physical stores, on the internet, or in other third-party stores. From time to time, we may offer promotions on Services that may affect pricing and are subject to terms and conditions other than these Terms. In the event of a conflict between the promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at 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 supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery dates are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by the BRhydraulic store, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without prior written consent. Except as expressly stated herein, nothing in these Terms grants or should be construed as granting you any license or rights under any patent, trademark, copyright, or other intellectual property of the BRhydraulic store, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted to you in these Terms are reserved by the BRhydraulic store.
The BRhydraulic store name, logos, product and service names, designs, and slogans are trademarks of the BRhydraulic store or its affiliates or licensors. You must not use such marks without the prior written permission of the BRhydraulic store. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party customer tools over which we neither monitor nor have any control nor input.
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 have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS
Certain content, products, and services available via our Services may include materials and hyperlinks from third-parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. If you decide to leave our Services and access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
The BRhydraulic store is powered by Shopify technology. This allows us to offer our Services to you. However, all sales and purchases made in our Store are fulfilled directly by the BRhydraulic store. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sale between you and the BRhydraulic store, including any injuries, damages, or losses incurred as a result of purchasing products and services. You hereby expressly release Shopify and Shopify’s affiliates from any liability for all claims, damages, and obligations arising from or related to purchases and transactions made at the BRhydraulic store.

SECTION 10 — PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which can be accessed here, and certain personal information may be subject to the Shopify Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services to provide and improve the Services. Information submitted through the Services will be transferred to and shared with Shopify, as well as third parties who may be located in countries other than your country of residence, to provide services to you. Please review the Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK
If you send, submit, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or rewards received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not use or access the Services, directly or indirectly (a) for any unlawful or malicious purpose; (b) to solicit others to perform or participate in any unlawful acts or violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, post, knowingly receive, download, use, or reuse any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the BRhydraulic store, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (b) copy, duplicate, reproduce, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses at any time, without notice.

SECTION 14 — TERMINATION
We may terminate this agreement or suspend your access to all or part of the Services at our sole discretion, at any time, and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any 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 that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED OTHERWISE BY THE BRhydraulic STORE, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE BRhydraulic STORE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, NOR THE SHOPIFY PLATFORM AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless the BRhydraulic store, Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby. We may assume control of the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle any claims involving non-monetary obligations without your consent (which shall not be unreasonably withheld). You must cooperate with us in defending any indemnification claims, including providing relevant documents.

SECTION 18 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT
You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or local laws of the jurisdiction where the BRhydraulic store is located. Together with the BRhydraulic store, you agree to submit to the jurisdiction of such courts.

SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE
You can 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, change 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 notify you of material changes to these Terms in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kontakt@brhydraulic.eu.
Our contact information is posted below:
BRhydraulic 
kontakt@brhydraulic.eu
P.P.H.U. Izabela Barton
ul. Wodna 10
89-412 Sośno, Poland
tel. +48 783 891 132
NIP (VAT ID): 5581296736
REGON: 340123825