Terms and Conditions
This website is operated by Benicia Dancewear (collectively “BDW,” “We,” or “Us”).
Benicia Dancewear 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 herein.
By visiting our site and/or purchasing from us, you are engaging in our Service 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 users who are
browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, 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 Services. If these Terms of Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current store 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. We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.
We reserve the right to refuse service 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 Service, use
of the Service, or access to the Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
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
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, 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
Warranty Disclaimer; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,
timely, secure or error-free. We do not warrant that the results that may be obtained from the use
of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or
cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The
Service and all Products and Services delivered to you through the Service 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 Benicia Dancewear, nor its directors, employees, affiliates, partners, 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 and 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 Service or any products procured using
the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product)
posted, transmitted, or otherwise made available via the service, 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.
Availability, Errors and Inaccuracies
We are constantly updating Product and Service offerings on the Service. We may experience
delays in updating information on the Service and in our advertising on other web sites. The
information found on the Service may contain errors or inaccuracies and may not be complete or
current. Products or Services may be mis-priced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any information found on the
We therefore reserve the right to change or update information and to correct errors,
inaccuracies, or omissions at any time without prior notice.
Services and Products
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 Service.
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.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. 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 anytime without notice, at the
sole discretion of BDW. We reserve the right to discontinue any product at any time. Any offer
for any Product or Service made on this site 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
You explicitly agree to indemnify, defend and hold harmless BDW and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including but not limited to 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.
These Terms shall be governed and construed in accordance with the laws of California, United
States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the
remaining provisions of these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service, and supersede and replace any prior agreements we
might have had between us regarding the Service.
We may terminate or suspend your account and bar access to the Service immediately, without
prior notice or liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
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 Service
following the posting of any changes to these Terms of Service constitutes acceptance of those