Welcome to bambooexpress.com (the “Website”). The Website is owned and operated by Bamboo Express, registered in 4800 Linton Blvd Delray Beach Florida 33445. (the “Company”, “we”, “our”).
Please read the following terms and conditions carefully and conditions of use and sale (the "Terms"), which constitute a binding agreement between you and the Company. The Terms define your rights and responsibilities regarding purchases made through the Website.
By accessing or using the Website or purchasing products offered for sale on our Website (the “Product” or “Products”) you signify your acceptance of these Terms. If you do not agree to these Terms, you may not access the Website or use it in any manner, and you must not order any product through the Website.
About the Website
The Website offers full range of Indian crafts and locally produced products. Users may either purchase a whole set of products, pre organized by the website or choose to purchase some of the items.
Please review the following documents which forms an integral part of these Terms:
- Cancellations, Returns and Refunds Policy
- Customer Information Sheet
The Website is intended for users from around the world as long as the shipping to the requested address is possible. Therefore, we will not accept orders by users residing outside of the shipping areas.
In addition, the Website is intended for use only by users who are at least 18 years old. By using the Website or ordering Products through the Website, you warrant that you are at least 18 years old. To that end, if we find that you are below the minimum age specified above, we may request, at any time, additional information in order to confirm your age. If we will find that you are under the minimum age, we will decline orders that you place and may cancel orders you previously have placed.
Subject to these Terms, Users may use the Website to order and purchase Products.
Acceptable use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Website;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Website.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.
By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability, or for any transactions made between you and such third party websites.
All intellectual property rights associated with the Website and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
It is forbidden to copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company's explicit prior and written consent.
Trademarks on the Website (whether registered or not), the name “bambooexpress” as well as the Website's domain name – are the sole property of the Company, or respective third-party owners. It is forbidden to use them without the Company's, or their respective third party owners’, prior and written consent.
Website changes and Availability
The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein - all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.
Termination and suspension
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms, as well as any additional terms and policies. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate these Terms, if we have reason to believe that -
- You have breached these Terms; or
- You performed any act or omission that violates any applicable law, or is harmful or may be harmful to us or any other third party, including other users of the Website.
The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Applicable Law and Dispute Resolution and Local Laws.
Changes to the Terms
The Company may change the Terms from time to time. We will notify you of the changes by posting them on our Website or by some other means of notification. Your continued use of the Services after the effective date of the amended Terms have been brought to your attention constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
Disclaimers and Limitation of Liability
OTHER THAN THE WARRANTIES SPECIFICALLY SET OUT IN CUSTOMER INFORMATION SHEET, THE CANCELLATIONS, RETURNS AND REFUND POLICY, AND ANY OTHER NON-WAIVABLE WARRANTIES PURSUANT TO MANDATORY LAW, THE WEBSITE, ITS CONTENT AND THE PRODUCTS ARE PROVIDED HEREUNDER "AS IS", “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY OTHER KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT THE WEBSITE, ITS CONTENT, PRODUCTS, AND PRODUCT DESCRIPTIONS WHETHER EXPRESS OR IMPLIED, ARISING BY COMMON LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, ITS CONTENT OR THE PRODUCTS, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE, AND ITS CONTENT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA or loss of PRODUCT credits OR LOYALTY CREDITS), COSTS, EXPENSES AND PAYMENTS, whether IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE PRODUCTS, OR ANY OTHER ASPECT OF these terms, including, without limitation, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, even if the company is advised of the possibility of such damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the company’s total and aggregate liability to you for any damage, loss or causes of action (whether in TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), is limited to the amount you actually paid to the company in the twelve months preceding the event purportedly giving rise to the damage, loss or cause of action.
NOTHING IN THESE TERMS SHALL LIMITS OUR LABILITY UNDER LAW RESULTING FROM OUR WILLFUL MISCONDUCT, FRAUD, OR BODILY INJURY.
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of these Terms, or your violation of any right of a third party in connection with the Website or the Products.
Notices from us to you, required under the Terms or otherwise necessary, may be given by email communication, or by posting on the Website. Such notices shall be deemed to have been given in writing.
Applicable Law and Dispute Resolution
These Terms, and any dispute, claim or controversy between you and us regarding the Products or the Website (a “Dispute”), shall be solely governed by the laws of England without regard to its conflict of law provisions. Any Dispute shall be adjudicated under the sole and exclusive jurisdiction of the courts of London, England.
Notwithstanding anything to the contrary in this section, the Company may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Last Updated: 25th August 2019
Bamboo Express. is the data controller for the purposes of the personal data we process via the Website.
Our registered address is at 4800 Linton Blvd Delray Beach Florida 33445. You may contact us by email at email@example.com
PERSONAL DATA WE COLLECT
We collect information you provide us voluntarily and knowingly. You are not legally required to provide us your information.
Inquiry Information. You can submit an inquiry through our online chat service. You will be asked to provide information such as your name, email address, phone number, the topic of your inquiry and the text of your message. The mandatory fields for completion will be marked.
Newsletters. If you wish to sign up to receive our newsletter with information about our business and offers, we will ask you to provide your email address.
Furniture and Design Preferences. If you wish to browse our product inventory, we will ask you a series of questions to assess your furniture and design preferences.
Order Information. To place an order, we will process your name, contact information, billing information, shipping information and information about the products you wish to order.
You do not have a legal duty to provide any of the above information. However, you will not be able to submit an inquiry, sign up to our newsletter, browse our inventory or place an order on our Website without providing the required information.
We also collect analytics information about your use of the Website.
When you visit our Website, we will record and collect certain information in relation to your visit and use of the Website including: IP address, time and date of access, type of browser used, language use, links clicked and the web pages accessed. We refer to this data as “Analytics Information”.
HOW WE USE PERSONAL DATA
To respond to your inquiry
We will use your Inquiry Information to contact you about your inquiry and handle your inquiry.
To provide you our marketing newsletter
If you signed up to receive our newsletter, we will process your email address to send you our periodic marketing newsletter.
If we obtain your contact information in the course of an order you place, we will give you a simple opportunity to refuse or opt out of our marketing newsletter relating to products relating to those you ordered. So long as you have not opted-out, we will send you these promotional communications.
To present to you products that suit your furniture and design preferences
We will process the information about your furniture and design preferences to present products to you that are more likely to be suitable to your needs and desires.
To fulfill your order, for record-keeping purposes and for managerial reporting and business planning
We will process your order information to fulfill your order, charge you for the amount due and ship the products you ordered to your shipping address. We will also process this information for accounting and record-keeping purposes, to adapt the Website and its content to users' preferences, to better understand the market demand in which bambooexpress operates in and for managerial reporting and business planning.
We use Analytics Information to improve and enhance the Website. We also use it for business administration purposes.
We use Analytics Information to improve the Website and enrich the content on the Website. We also use the Analytical Information to adapt the Website, its content, to users' preferences. Finally, we will use the Analytics Information to understand the market in which bambooexpress operates in and for managerial reporting and business planning.
WHEN AND HOW WE SHARE PERSONAL DATA WITH OTHERS
We will not share your information with third-parties, except in the events listed below or when you provide us your explicit and informed consent
We share your information with our service providers helping us operate our business and the Website and fulfilling and shipping your order.
We will share your personal information with our service providers, who assist us with the internal operations of the Website and our business and in the fulfillment and shipping of your order. These companies are authorized to use your personal information only as necessary to provide these services to us and not for their own promotional purposes. We do not sell your personal information to third parties.
We will share your information with competent authorities or other parties, if you violated the law or abused your rights to use the Website.
If you have violated this Policy or any other agreement you have with bambooexpress, abused your rights to use the Website, or violated any applicable law. Your information will be shared with competent authorities and with third parties (such as legal counsels and advisors), for the purpose of handling of the violation or breach.
We will share your information if we are legally required.
If we are required to disclose your information by a judicial, governmental or regulatory authority.
We will share your information with third-party in any event of change in bambooexpress' structure.
If the operation of bambooexpress or the Website is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition, we will share your information to enable the structural change.
COOKIES AND OTHER TRACKERS
What are cookies?
Cookies are text files, comprised of small amount of data, that are saved on your computer or other device (e.g. smartphone, tablet, etc.) when you use internet and visit various websites.
The information that the cookies maintain is read by the website you visit, during the session of your visit to the website (these are called ‘session’ cookies), and when you return to visit it again (these are called ‘persistent’ cookies).
We use the Cookiebot add-on to provide you more detailed information about the cookies we use (including their origin, purpose and expiration dates). It also enables you to control the use of marketing cookies, preference cookies and statistics cookies. You can change your mind at any time by enabling or disabling certain cookies or categories of cookies. However, you cannot disable the ‘necessary’ cookies because the website cannot operate without them. By enabling cookies, you give your consent to collect the data they are intended for.
Necessary. Cookies that are strictly necessary for the functioning of the Website. The Website cannot operate properly without these cookies. You can set your browser to block or alert you about these cookies, but some parts of the Website may not function properly.
Preferences. Cookies that remember your choices when you use the Website and allow the Website to react by reflecting your preferences.
Statistics. Cookies that help us understand how you and other users interact with our Website by collecting data that does not directly identify you.
Marketing. Cookies that track your use of the Website and allow us to tailor content, both on and off the Website, that we believe is relevant to you.
SECURITY AND DATA RETENTION
We will retain your personal information for as long as we need it to operate the Website and interact with customers, and thereafter as needed for record-keeping matters.
We retain personal data for the duration needed to support our ordinary business activities operating the Website and interacting with customers.
Thereafter, we will still retain your personal information as necessary to comply with our legal obligations, bookkeeping requirements, resolve disputes, establish and defend legal claims and enforce our agreements.
We implement measures to secure your information
We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. For instance, our Website use TLS and HTTPS and all traffic from/to the Website is encrypted. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed, and you cannot expect that the Website will be immune from information security risks.
LEGAL BASIS AND DATA SUBJECT RIGHTS
Legal bases for processing your information
The legal basis for collecting and processing your inquiry information is our legitimate business interests in responding to your inquiry and developing our customer leads.
The legal basis for collecting and processing your furniture and design preferences is our legitimate business interests in offering products to you that are more likely to be suitable to your needs and desires.
The legal basis for collecting and processing your email address to send you our marketing newsletters is either is our legitimate interest in offering further products to existing customers (if you’ve placed an order with us), or your explicit consent (in other cases).
The legal basis for processing your order information for order fulfillment, billing and shipping is the performance of the contract for the sale of the ordered products to you.
The legal basis for processing your order information for record-keeping, to Website adaptations, and for managerial reporting and business planning, is our legitimate interest in managing the Website and, business development and planning.
The legal basis under EU law for collecting and processing analytics information is our legitimate interest in managing the Website and, business development and planning.
The legal basis under EU law for sharing your information with competent authorities, or other third parties, if you violated the law or abused your rights to use the Website, or breached the contract with us, is our legitimate interest in protecting our business from abuses and violation of law.
The legal basis under EU law for required disclosures of your information to a judicial, governmental or regulatory authority is our legitimate interest in protecting our business from abuses and violation of law, our compliance with legal obligations.
The legal basis under EU law for sharing your information to enable the structural change at bambooexpress is our legitimate business interests in our business continuity.
We will transfer your information internationally in manners consistent with applicable data protection laws.
Information we collect from you will be processed in the United States and in Israel.
Because we transfer your information from within Europe to other jurisdictions outside Europe, we will do so done using adequate safeguards consistent with those determined by the EU Commission. Israel is recognized by the European Commission as having adequate protection for personal data.
You have certain rights to access, update or delete your information, obtain a copy of your information, withdraw your consent and object or restrict certain data processing activities
If you are in the EU, you have the following rights under the GDPR:
Right to Access your personal data that we process and receive a copy of it.
Right to Rectify inaccurate personal data we have concerning you and to have incomplete personal data completed.
Right to Data Portability, that is, to receive the personal data that you provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit this data to another service provider. Where technically feasible, you have the right that your personal data be transmitted directly from us to the service provider you designate.
Right to Object, based on your particular situation, to using your personal data on the basis of our legitimate interest. However, we may override the objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise of defense of legal claims. You may also object at any time to the use of your personal data for direct marketing (newsletter) purposes, by simply opting out of our newsletters.
Right to Restrict processing your personal data (except for storing it) if you contest the accuracy of your personal data, for a period enabling us to verify its accuracy; if you believe that the processing is unlawful and you opposes the erasure of the personal data and requests instead to restrict its use; if we no longer need the personal data for the purposes outlined in this Policy, but you require them to establish, exercise or defense relating to legal claims, or if you object to processing, pending the verification whether our legitimate grounds for processing override yours.
Right to be Forgotten. Under certain circumstances, such as when you withdraw your consent to our newsletters, you have the right to ask us to erase your personal data relating to that processing. However, we may still process your personal data if it is necessary to comply with a legal obligation we are subject to under laws in EU Member States or for the establishment, exercise or defense of legal claims.
If you wish to exercise any of these rights, contact us at [insert email address].
We reserve the right to ask for reasonable evidence to verify your identity before we provide you with information. Where we are not able to provide you with information that you have asked for, we will explain the reason for this.
You have a right to submit a complaint to the relevant supervisory data protection authority.
Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in particular in the Member State of your residence, place of work or of an alleged infringement of the GDPR.
If we change this Policy, we will post the updated policy on the Website.
From time to time, we may change this Policy, in which case we post the updated Policy on the Website. The latest version of the Policy will always be accessible on the Website.
Last Update: August 2019