Welcome to Belocha.com Belocha LLC provide website features and other products and services to you when you visit or shop at belocha.com, use Belocha products or services, use Belocha applications for mobile, or use software provided by Belocha in connection with any of the foregoing (collectively, “Belocha Services”). Belocha provides the Belocha Services subject to the following conditions.

By using Belocha Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Belocha Services, and sometimes additional terms may apply. When you use an Belocha Service (for example, Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that Belocha Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Belocha Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Belocha Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Belocha Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Belocha Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Belocha or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Belocha Service is the exclusive property of Belocha and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Belocha Service are trademarks or trade dress of Belocha in the U.S. and other countries. Belocha trademarks and trade dress may not be used in connection with any product or service that is not Belocha, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Belocha. All other trademarks not owned by Belocha that appear in any Belocha Service or product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Belocha.

YOUR ACCOUNT

You may need your own Belocha account to use buy Belocha products, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Belocha does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Belocha Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Belocha Household. Belocha reserves the right to refuse service, terminate accounts, terminate your rights to use Belocha Services, remove or edit content, or cancel orders in its sole discretion.

INTELLECTUAL PROPERTY COMPLAINTS

Belocha respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.

RISK OF LOSS

All purchases of physical items from Belocha are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Belocha does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Belocha does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Belocha attempts to be as accurate as possible. However, Belocha does not warrant that product descriptions or other content of any Belocha Service is accurate, complete, reliable, current, or error-free. If a product offered by Belocha itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Belocha and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Belocha.

With respect to items sold by Belocha, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Belocha is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Belocha, such as the Belocha App you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Belocha Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Belocha Services. You must comply with all U.S. or other export and re-export restrictions that may apply any goods.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BELOCHA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BELOCHA SERVICES ARE PROVIDED BY BELOCHA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BELOCHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BELOCHA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BELOCHA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BELOCHA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BELOCHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BELOCHA DOES NOT WARRANT THAT THE BELOCHA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BELOCHA SERVICES, BELOCHA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BELOCHA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BELOCHA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BELOCHA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BELOCHA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any BELOCHA Service, or to any products or services sold or distributed by BELOCHA or through belocha.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Belocha Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Belocha.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Belocha Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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