Términos del servicio

Overview

Welcome to Brainlume! The terms “we,” “us,” and “our” refer to Brainlume. Brainlume operates this store and website, including all related information, content, features, tools, products, and services, with the goal of providing you (the customer) with a carefully crafted shopping experience (the “Service”). Brainlume is supported by Shopify technology, which enables us to provide the Service to you.

These terms and conditions, along with any policies referenced herein (together, the “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Service.

Please read these Terms carefully, as they contain important legal information about your rights, including disclaimers and limitations of liability.

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

Section 1 – Account Access and Responsibilities

By agreeing to these Terms, you confirm that you are at least the legal adult age in your state or province of residence, and you agree that any minor dependents under your care may use our Service on devices you own, purchase, or manage.

To use certain features of the Service, including accessing or browsing our online store or purchasing any products or services, the system may require you to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide to our store is accurate, complete, and up to date, and that you have the necessary rights to provide such information.

You are fully responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or authorize your account to any other person.

Section 2 – Our Products

We make every effort to accurately present our products and services in our online store. However, due to differences in the type of device you use to access the store, as well as device settings and configurations, the actual colors or appearance of products may vary from what is displayed on your screen.

We do not guarantee that any product or service you purchase will meet your expectations or exactly match what is described or displayed in the online store.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit the quantity of products available to any individual, geographic region, or jurisdiction at our discretion.

Section 3 – Orders

By placing an order, you are making an offer to purchase. Brainlume reserves the right to accept or reject any order at our discretion for any reason. An order is only considered accepted once Brainlume confirms it. Payment must be received and processed before your order is accepted.

Please review your order carefully before submission. Once accepted, Brainlume may be unable to cancel your order. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of ordering.

Purchases are eligible for returns or exchanges only in accordance with our Refund Policy [link].

You represent and warrant that your purchase is for personal or household use, not for commercial resale or export purposes.

Section 4 – Pricing and Billing

Prices, discounts, and promotions may change without notice. The price of any product or service is the price in effect at the time you place your order and will be listed in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, duties, or import fees.

Prices listed in the online store may differ from those offered in physical stores or other third-party retailers. Promotional offers may be subject to additional terms and conditions, which govern those promotions independently of these Terms. In case of any conflict between promotion terms and these Terms, the promotion terms will prevail.

You agree to provide accurate, complete, and up-to-date purchase, payment, and account information for all transactions in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so we can complete your transactions and contact you if necessary.

You represent and warrant that:

  1. The credit card information you provide is true, correct, and complete;

  2. You are authorized to use the credit card for the purchase;

  3. Charges incurred during the shopping process will be honored by your credit card provider; and

  4. You will pay the charges posted during the shopping process, including shipping, handling, and any applicable taxes.

Section 5 – Shipping and Delivery

We are not responsible for shipping or delivery delays. All delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events beyond our control. Risk of loss and ownership of the products transfers to you once we hand the products over to the carrier.

Section 6 – Intellectual Property

The Service, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and associated designs, selections, and arrangements, is owned by Brainlume, its affiliates, or licensors and is protected under U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Service only for personal, non-commercial purposes. Without prior written permission from us, you may not reproduce, distribute, modify, create derivative works, publicly display, broadcast, republish, download, store, or transmit any materials related to the Service. Nothing in these Terms grants or should be construed as granting any license or rights under Brainlume, Shopify, or any third party’s patents, trademarks, copyrights, or other intellectual property. Unauthorized use may violate federal and state intellectual property laws. Brainlume reserves all rights not expressly granted in these Terms.

The Brainlume name, logo, product and service names, designs, and slogans are trademarks of Brainlume or its affiliates or licensors. You may not use these trademarks without prior written permission. Shopify’s 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 Service are the trademarks of their respective owners.

Section 7 – Optional Tools

As part of the Service, you may be provided access to third-party customer tools. We do not monitor, control, or intervene in the use of these tools.

You acknowledge and agree that access to these tools is provided “as is” and “as available”, without any warranties, representations, or endorsements of any kind. We are not responsible for any liability arising from your use of optional third-party tools.

Use of any optional tools provided through the website is at your sole risk, and you should ensure you have read and agreed to the third-party provider’s terms.

From time to time, we may also introduce new features through the Service (including new tools and resources). These new features are considered part of the Service and are subject to these Terms.

Section 8 – Third-Party Links

The Service may include links or materials from third parties (including embedded third-party features). We do not review or evaluate the content or accuracy of these third-party materials.

If you choose to access any third-party sites or content, you do so at your own risk. Brainlume is not responsible for any damage or loss resulting from your access, purchase, or use of third-party products, services, resources, or content. Please review the policies of any third parties before making any transactions. Complaints, claims, or concerns regarding third-party products should be addressed directly with the third party.

Section 9 – Relationship with Shopify

Brainlume is supported by Shopify technology, which enables us to provide the Service. However, any sales and purchases on our store are directly between you and Brainlume.

By using the Service, you acknowledge and agree that Shopify is not responsible for any issues related to your purchase of Brainlume products or services, including any injury, damage, or loss. You release Shopify and its affiliates from all claims, liabilities, and damages arising from your transactions with Brainlume.

Section 10 – Privacy Policy

All personal information collected through the Service is governed by our Privacy Policy [link], and certain information may also be subject to Shopify’s privacy policy [link]. By using the Service, you acknowledge that you have reviewed these policies.

Because the Service is hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Service to provide and improve the Service. Information you submit through the Service may be transferred to Shopify or third parties outside your country of residence. Please review our Privacy Policy [link] for details on how we, Shopify, and our partners use your information.

Section 11 – Feedback

By submitting, posting, uploading, transmitting, or otherwise providing ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant Brainlume a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that:

  1. You own or have the necessary rights to submit the Feedback;

  2. You have disclosed any compensation or rewards received for providing Feedback;

  3. Your Feedback complies with these Terms.

We are not obligated to:

  1. Keep any Feedback confidential;

  2. Pay compensation for any Feedback; or

  3. Respond to any Feedback.

We may (but are not obligated to) monitor, edit, or remove Feedback that we determine, in our discretion, is illegal, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your Feedback will not infringe the rights of any third party and will not contain defamatory, illegal, or obscene content, or any malicious software. You may not submit Feedback under false pretenses or impersonate others. You are solely responsible for your submitted Feedback.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping, delivery times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders at any time without prior notice, including after an order has been submitted.

Section 13 – Prohibited Uses

You may access and use the Service only for lawful purposes. You may not, directly or indirectly:

  • Use the Service for illegal or malicious purposes;

  • Violate any applicable international, federal, state, or local law;

  • Infringe Brainlume’s or others’ intellectual property;

  • Harass, abuse, defame, threaten, or harm Brainlume employees or any other person;

  • Transmit false or misleading information;

  • Upload or transmit any content not permitted under these Terms;

  • Send or promote unsolicited advertising, spam, or chain letters;

  • Impersonate another person or entity; or

  • Engage in any activity that restricts or inhibits others’ use of the Service or may expose Brainlume, Shopify, or users to liability.

Additionally, you agree not to:

  • Upload viruses or harmful code;

  • Reproduce, copy, sell, or resell any portion of the Service;

  • Collect or track others’ personal information;

  • Engage in phishing, scraping, or unauthorized data collection; or

  • Interfere with the security of the Service or any related website.

We reserve the right to suspend, disable, or terminate your account without notice if you violate these Terms.

Section 14 – Termination

We may terminate these Terms or your access to the Service (or any part of it) at any time without notice. You remain responsible for any payments due up to and including the termination date.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 15 – Disclaimers

All information provided through the Service is for general informational purposes only. We make no guarantees as to its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk. Brainlume is not responsible for any liability or obligations arising from reliance on this information by you or other visitors.

Except as explicitly stated, the Service and all products provided through the Service are provided “as is” and “as available”, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, durability, ownership, or non-infringement. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow disclaimers of certain warranties, so the above may not apply to you.

Section 17 – Indemnification

You agree to defend, indemnify, and hold harmless Brainlume, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys’ fees) arising from or related to:

  1. Your violation of these Terms of Service or any referenced documents;

  2. Your violation of any law or infringement of any third-party rights; or

  3. Your access to or use of the service that results in claims by any third party.

We will notify you of any indemnifiable claim. Except in cases of material impact, our failure to provide timely notice does not relieve you of your indemnification obligations. We may, at our discretion, control the defense and settlement of such claims (including choosing legal counsel) at your expense, but we will not settle any claims imposing non-monetary obligations on you without your consent (which you shall not unreasonably withhold). You must cooperate in the defense of these claims, including providing relevant documents.

Section 18 – Severability

If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remainder of the Terms shall remain in full force and effect.

Section 19 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted on our website or related to the service, constitute the entire agreement and understanding between you and Brainlume and supersede any prior oral or written agreements, communications, or proposals between you and Brainlume (including previous versions of these Terms).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafter.

Section 20 – Assignment

You may not assign, transfer, or delegate this agreement or any rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 – Governing Law

These Terms of Service and any separate agreements whereby we provide services shall be governed by and construed in accordance with the laws of the jurisdiction in which Brainlume’s headquarters is located. You and Brainlume agree to submit to the personal and exclusive jurisdiction of the courts located in that jurisdiction.

Section 22 – Headings

The headings in this agreement are for convenience only and shall not affect the interpretation of 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, modify, or replace any part of these Terms by posting updates on our website. You are responsible for regularly reviewing our website to stay informed of any changes. We will provide notice of significant changes in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to our website or services after any changes have been posted constitutes acceptance of those changes.

Section 24 – Contact Information

If you have any questions regarding these Terms of Service, please contact us via email at: hello@brainlumepbm.com.

Our contact information is as follows:
Email: hello@brainlumepbm.com
Address: 19 Williamsburg Circle, Madison, CT 06443