The terms that govern your use of this website.
These Terms & Conditions (“Terms”) govern your access to and use of bircatagroup.com (the “Site”), operated by Bircata LLC, a Florida limited liability company (Document No. L25000497031) (“Bircata Group”, “we”, “us”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
The Site is a corporate information website. It is not an online store and does not sell products. Products are sold through the separate websites of the brands we operate, each of which has its own terms of sale, returns policy and customer service.
Information on the Site is provided for general business information only and does not constitute an offer, a solicitation, or a binding commitment of any kind.
The Site is intended for business users aged 18 or over acting in a professional capacity. By using the Site you represent that you meet these requirements and that any information you submit on behalf of a company is submitted with that company's authority.
You agree not to:
The supplier application form allows companies to express interest in a commercial relationship with Bircata Group. The following apply:
Do not send us confidential or proprietary information through this Site. Information submitted through the application form or by email is not treated as confidential and is not subject to any obligation of confidence unless and until we enter into a signed confidentiality agreement with you.
By submitting product catalogues, price lists, images, product data or other materials, you grant Bircata Group a non-exclusive, royalty-free, worldwide licence to use, store, reproduce and internally distribute those materials for the purpose of evaluating your application and any resulting partnership. You represent that you have the rights necessary to grant this licence. This licence does not transfer ownership of your materials.
All content on the Site — including text, design, layout, graphics, logos and code — is owned by Bircata Group or its licensors and is protected by copyright, trade mark and other intellectual property laws.
You may view and print pages from the Site for legitimate business purposes relating to a potential or existing relationship with us. You may not otherwise reproduce, distribute, modify, publish or create derivative works from Site content without our prior written permission.
The brand names and logos of the brands we operate are trade marks of Bircata Group or its affiliates. Third-party names and marks referenced on the Site remain the property of their respective owners.
The Site links to the websites of the brands we operate and may link to other third-party websites. We provide these links for convenience. We do not control third-party sites and are not responsible for their content, products, policies or practices. Following a link is at your own risk.
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, timely, secure or error-free, or that any information on it is accurate, complete or current. We may change, suspend or discontinue any part of the Site at any time without notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRCATA GROUP AND ITS OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.
You agree to indemnify and hold harmless Bircata Group and its officers, employees and agents from any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or connected with your use of the Site, your breach of these Terms, or your violation of any law or the rights of a third party — including any claim that materials you submitted infringe the intellectual property rights of another party.
These Terms are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict of law principles.
You agree that any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.
If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
We may revise these Terms at any time by posting an updated version on this page and revising the “Last updated” date. Changes take effect when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
Severability. If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign them freely in connection with a merger, acquisition or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Bircata Group regarding the Site.
Questions about these Terms:
