Terms of Use

GENERAL AGREEMENT

Birnbaum Designs is a furniture manufacturer and online store (birnbaumdesigns.co.za) owned by Birnbaum CC.  Our terms of use define the use of birnbaumdesigns.co.za and any content, by you, the user.

Modification

birnbaumdesigns.co.za reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.

Acceptance

Your use of birnbaumdesigns.co.za and any content constitutes your acceptance of our terms and conditions, including any published changes or modifications made by birnbaumdesigns.co.za and its owners. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of the site.

TERMS OF USE

Copyright

birnbaumdesigns.co.za trademarks are owned by Birnbaum CC.  All articles, text, messages, graphics, logos, icons, pictures, software, sound, video and other materials are referred as “Content”. The Content is the property of either birnbaumdesigns.co.za or its licensors (the “Licensors”) and is protected by copyright and other intellectual property laws.

Licenses

birnbaumdesigns.co.za and its owners grant a limited, nonexclusive, revocable license to user access for personal, non-commercial use (unless the user has a business relationship with Birnbaum CC). birnbaumdesigns.co.za grants the user a limited, nonexclusive and revocable right to create a hyperlink linking to any pages of our site provided that the link does not portray our website, our affiliates, or our products or services in a false, defamatory, misleading, derogatory, or otherwise offensive matter.

Restrictions

The foregoing licenses do not include any rights to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate content to anyone without the express prior written consent of birnbaumdesigns.co.za and its owners. You may use Content for your personal use, but copying and distributing Content to third parties from the site is forbidden.

You are prohibited to:

1. Modify, download (other than page caching), reproduce, copy, or resell the site, the Content or any portion or derivative thereof;
2. Commercially use the site, the Content or any portion derivative thereof (unless User has a business relationship with birnbaumdesigns.co.za and it’s owners);
3. Copy or download any User’s account information for the benefit of any third party;
4. Enable high volume, automated, electronic processes that apply to the site or its systems;
5. Use any robot, spider, data miner, scraper or other automated means to access the site or its systems for any purpose (unless robot, spider, data miner, or scraper is explicitly permitted by birnbaumdesigns.co.za and Birnbaum CC);
6. Interfere or attempt to interfere with the proper working of the site;
7. Bypass any measures used to prevent or restrict access to any portion of the site;
8. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site (unless User has a business relationship with birnbaumdesigns.co.za and it’s legal owners);
9. Use the site’s domain names, trademarks, services marks or logos in any meta tags or any other “hidden text” or
10. Use the site for the purpose of posting on or transmitting through the site any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
11. Any other unlawful purposes.

Prices

Pricing is in our complete discretion. Product prices are always subject to change without notice. The price for the product you wish to order is set at the time of purchase. It is possible that the price may increase or decrease between the time a product was added to shopping cart and the time that the purchase was actually made. The price for an item may differ from the price shown in a user’s shopping cart as it is possible that the price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.

Risk of Loss

The risk of loss and title for all items purchased via the site pass to the User upon delivery of the item to the carrier (Courier or postal services) for all international orders or domestic orders shipped via standard shipping.
In case an item bought by you the user, becomes ceased by customs at the country of destination, you assume full responsibility for the loss of that article and birnbaumdesigns.co.za shall not be held liable or be asked to reimburse you, the user for the value of the ceased item.

Product Description and Display

The items offered for sale on the site contain descriptions that are as per the manufacture. It does not contain the full technical description of the product. birnbaumdesigns.co.za does not represent or warrant that the description of such items is complete.

Age of Users

birnbaumdesigns.co.za does not intend the site to be used for purchasing or even viewing by individuals under the age of 18 (a “Minor”).

Termination of Usage

birnbaumdesigns.co.za reserves the right in its sole discretion to restrict, suspend or terminate your access to the site at any time for any reason without prior notice or liability. birnbaumdesigns.co.za may change, suspend, or discontinue any Content without prior notice or liability. birnbaumdesigns.co.zaa reserves the right to refuse service to anyone.

Cases which birnbaumdesigns.co.za deems in its sole discretion to be egregious, birnbaumdesigns.co.za may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the site has been terminated including the right to use, access or create any account thereon; (ii) that birnbaumdesigns.co.za refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with birnbaumdesigns.co.za will be subject to the following conditions:

1. Orders placed by a Restricted User (“Restricted Order”) after the effective date specified in the Restriction Notice (the “Restriction Effective Date”) shall be subject to cancellation.
2. birnbaumdesigns.co.za shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or (2) seek a judgment against the Restricted User for payment thereof.
3. Other conditions may apply and shall be set forth in the Restriction Notice.

CONTENT

Proprietary Rights

User acknowledges that the site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under international and local copyright laws, and birnbaumdesigns.co.za owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the South African copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Third-Party Content

birnbaumdesigns.co.za is a distributor and not a publisher of Content supplied by third parties and or Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of birnbaumdesigns.co.za unless expressly stated otherwise. Under no circumstance shall birnbaumdesigns.co.za be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the site.

PASSWORDS AND SECURITY

User that has an account on birnbaumdesigns.co.za, The site will at all times maintain:
1. The confidentiality of his or her user names and passwords and
2. Keep the email address associated with the account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current, because although the User may be able to log into his or her birnbaumdesigns.co.za account using an old e-mail address, such User will not receive messages from birnbaumdesigns.co.za about his or her orders and inquiries or other matters) .

If there is a breach of security through the User’s account, User must immediately change his / her password and notify us: info@birnbaumdesigns.co.za. User is liable for any unauthorised use of our services until User notifies us of the security breach.

PRIVACY POLICY

birnbaumdesigns.co.za considers your use of the site to be private. However, we may access or disclose information about you, your account and / or the content of your communications, in order to:
1. Comply with the law or legal process served on us;
2. Enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or
3. Protect the rights, property, or safety of birnbaumdesigns.co.za, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect the site, protect our customers, or to stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security.

You may read more about our privacy policy in our customer help pages

DISCLAIMERS AND LIMITATION OF LIABILITY

The birnbaumdesigns.co.za site is provided by birnbaumdesigns.co.za and its legal owners on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, each birnbaumdesigns.co.za’s provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, no birnbaumdesigns.co.za provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the site, or the information, content, materials or products included thereon; (ii) that the site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the site; or (iv) that the site, their servers, or e-mails sent from or on behalf of the site are free of viruses, scripts, Trojan horses, worms or other harmful components.

birnbaumdesigns.co.za does not guarantee the continuous, uninterrupted or secure access to the site or any related services. The operation of the site may be interfered with by numerous factors outside the control of birnbaumdesigns.co.za.

Under no circumstances shall any birnbaumdesigns.co.za provider be liable for any damages that result from the use of or inability to use the site, including but not limited to reliance by a user on any information obtained from the site or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to birnbaumdesigns.co.za records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the site.

No birnbaumdesigns.co.za provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the site or the purchase of any product there from, even if such birnbaumdesigns.co.za provider has been advised of the possibility of such damages.
Certain Country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless, birnbaumdesigns.co.za, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney’s fees, arising from your use of the site. birnbaumdesigns.co.za reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with birnbaumdesigns.co.za’s defense of such claim.

LINKS TO THIRD PARTY WEBSITES

birnbaumdesigns.co.za makes no representations whatsoever about any other web site which you may access through the site. When you access a non-birnbaumdesigns.co.za web site, please understand that it is independent from birnbaumdesigns.co.za and that birnbaumdesigns.co.za has no control over the content on that web site. In addition, a link to a non-birnbaumdesigns.co.za web site does not mean that birnbaumdesigns.co.za endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. birnbaumdesigns.co.za makes no representation or warranty as to any third party products.

MISCELLANIOUS

Third Party Content

The birnbaumdesigns.co.za services rely in part on the third party content licensed to birnbaumdesigns.co.za to provide you with valuable information such as synopsis, reviews, box art, trailers, stills, and other. birnbaumdesigns.co.za is not liable for any third party content, inclusion or omissions from said content.

Governing Law

South African law will govern this Agreement, except for the body of law relating to conflicts of law. Venue for any legal action will be the courts of Capet Town, or the federal courts of South Africa

Waivers

A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.

Entire Agreement

This Agreement sets forth the entire understanding and agreement between you and birnbaumdesigns.co.za. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by birnbaumdesigns.co.za will not be binding on birnbaumdesigns.co.za. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.

Severability

If any provision of this Agreement is held void or unenforceable, that determination will not affect:
1. The provision’s application in other circumstances;
2. Other provisions in this Agreement; or
3. This Agreement’s validity or enforceability as a whole.

Assignment

This Agreement and your user names and passwords are not assignable, transferable or sub-licensable by you without birnbaumdesigns.co.za’s prior written consent, and any such conveyance will be null and void.

Solicitors’ Fees

If a legal action is brought regarding this Agreement, the prevailing party is entitled to recover—in addition to all other appropriate relief—its reasonable attorneys’ fees and expenses as determined by the court. The prevailing party is the party entitled to recover its costs of suit, whether or not the action proceeds to final judgment.

Headings

The use of headings is for convenience and will not affect the interpretation of this Agreement.