Terms Of Service

Overview

This website, accessible via the direct link https://biniboo.com/ (the “website”), is operated by Biniboo.com, Be Prepared – Institute For The Development Of Skills For A Better Life. Throughout the site, the terms “Biniboo” “we”, “us” and “our” refer to Biniboo.com, Be Prepared – Institute For The Development Of Skills For A Better Life, Klanska ulica 7, 1215, medvode, Slovenia who offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, customers, and/or contributors of content (“you”) and are a contract between you and Biniboo.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its Services.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page https://biniboo.com/about/terms-of-service.

Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

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 this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express wrote permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness, And Timeliness Of Information

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Section 4 – Modifications To The Services And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Section 5 – Products Or Services (If Applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy found under our FAQ.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this website is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Section 7 – Payment methods

The payment for the purchase of the products from the online store may be made by credit card or PayPal.

Section 8 – Prices

The prices listed for the products at the time an order is placed apply to orders. All of the stated prices include the Slovenian statutory value-added tax but do not include shipping costs. Additional costs shall be stated separately in the invoice.

Despite our efforts to provide the most accurate information possible, it may be that the price information is incorrect. In this case, we agree to allow you to cancel the purchase and offer a solution that is beneficial to both parties.

Section 9 – Delivery

We will deliver the purchased products to you as soon as reasonably possible and in any event within 30 days after the day on which we accepted the order.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any products that you have paid for but not received.

We are not responsible for any delays on the part from the contractural partners for the delivery or for any damage to the packaging. You should immediately inspect the received goods and in case of any physical damage, lack of any goods or signs of being opened beforehand, immediately contact the contractual partner for the delivery in order to initiate the complaint procedure with the delivery service.

Section 10 – Right of Withdrawal, Return of Products

You have the right to withdraw from this agreement within 15 days without providing any reason. The withdrawal period will expire after 15 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products. To exercise your right to withdraw, you must inform us of your decision to withdraw from this contract by an unequivocal statement (a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient to send the communication concerning your exercise of the right to withdrawal to quietbooks@biniboo.com before the withdrawal period has expired (name and date of the order included).

Section 11 – Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 15 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the products or hand them over to us without undue delay and in any event not later than 15 days from the day on which you communicate your withdrawal from this contract to the following address: Klanska ulica 7, 1215 Medvode, Slovenia (EU) by registered mail. The deadline is met if you send back the goods before the period of 15 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The right of withdrawal within 15 days without providing any reason shall be applicable only to consumers (natural persons).

When returning the products, a copy of the invoice and cancellation form shall be sent to us by email to quietbooks@biniboo.com.

We are not responsible for any damage during the delivery

We are not obliged to accept packages with postage not paid.

Section 12 – Complaints and Disputes

We follow the applicable consumer protection regulations. We have an effective customer support system for resolving complaints and employs a person that can be contacted by you via e-mail in case any issues occur. In case of issues or a wish to appeal you can contact us via the email address quietbooks@biniboo.com. The complaint processing procedure is confidential.

We will confirm that the complaint has been received within eight working days and the guarantee claim will be resolved within the statutory deadline. We will strive to resolve any dispute under mutually agreed conditions. If a mutually agreed-upon solution can not be reached, all disputes between the Biniboo and you will fall under the jurisdiction of the appropriate court.

These Terms and all disputes between the Seller and Customer fall under the jurisdiction of Slovenian law.

Section 13 – Out-of-court dispute resolution

In accordance with legal norms, Biniboo does not recognize the authority of any out-of-court provider for settling disputes, launched by the Customer.

In the event that the Customer is not satisfied with the resolution of the complaint, they can, in accordance with applicable legislation, file to initiate the procedure of out-of-court settlement of a specific consumer dispute through the European Commission for Online Dispute Resolution. In accordance with Regulation (EU) 524/2013, Biniboo is publishing a link to the European Commission for Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

The Customer can also decide to file a lawsuit with the competent court according to the Customer’s permanent address.

Section 14 – Optional Tools

We may provide you with access to third-party tools that 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 website 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 15 – Third-party Links

Certain content, products, and services available via our Services may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. 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.

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 16 – User Comments, Feedback, And Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments 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 Services 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 17 – Personal Information

Your submission of personal information through the website and/or online store is governed by our Privacy Policy, which is incorporated by reference herein.

Section 18 – Errors, Inaccuracies, And Omissions

Occasionally there may be information on our site or in the Services 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 Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Section 19 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Section 20.1 – Intellectual Property Rights

The intellectual property rights in the website and the materials on or accessible via it belong to Biniboo or its licensors. The website and the materials on or accessible via it and the intellectual property rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). “Biniboo”, is a trademark, which belongs to Biniboo.com, Be Prepared – Institute For The Development Of Skills For A Better Life, and it may not be used, copied, or reproduced in any way without written consent from Biniboo. All trademarks not owned by Biniboo are the property of their respective owners and are used with permission. Nothing contained on this website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “intellectual property rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial rights (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Section 20.2 The use of Biniboo free patterns, tutorials, and instructions

Terms of use of Biniboo free patterns, tutorials, and instructions:
Biniboo owns all the patterns and instructions on biniboo.com. The free PDF patterns on the Biniboo site are intended for personal and non – commercial use only.
Mass production, re-sale, and distribution of patterns, photos, or instructions, are prohibited. Please do not sell the quiet book, quiet book pages, or other educational toys made from BINIBOO patterns or instructions.

You are welcome to download and print the pattern for your personal use and share the link to the website page where this file can be found for others to download.

You may not:
– Copy the patterns for other people or institutions.
– Upload our patterns or tutorials (or its parts) to a website for others to download.
– Claim that this product is yours or remove the logo and copyright info in the patterns.
– Alter the pattern PDF files in any way.

Section 21 – Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products delivered to you are (except as expressly stated by us) 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.

In no case shall Biniboo.com, Be Prepared – Institute For The Development Of Skills For A Better Life, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 Services or any products procured using the Services, or for any other claim related in any way to your use of the Services 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 22 – Indemnification

You agree to indemnify, defend and hold harmless Biniboo.com, Be Prepared – Institute For The Development Of Skills For A Better Life 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 your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Section 23 – 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 24 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 25 – 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 website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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 26 – 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 laws of the Republic of Slovenia.

Section 27 – Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at 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. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 28 – Contact Information

Questions about the Terms of Service should be sent to us at quietbooks@biniboo.com

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