TERMS AND CONDITIONS

1. WELCOME

Welcome to the website of www.ban-ni.com (the label BANNI). BANNI and trading as www.ban-ni.com. We provide this website as a service to our customers. Please review the following basic rules that govern your use of our Site (our Agreement). Please note that your use of our website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this website.

Although you may ‘bookmark’ a particular portion of this website and thereby bypass this Agreement, your use of this website still binds you to the terms. BANNI reserves the right to update or modify these Terms & Conditions at any time without prior notice. Your use of the website following any such changes constitutes your agreement to follow and be bound by the Terms & Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.

BANNI is registered with the chamber of Commerce The Hague no. 65630718

2. USAGE RESTRICTIONS; INTELLECTUAL PROPERTY

All of the content you see on the BANNI website, including, such as our images, illustrations, graphics and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by BANNI or one of our affiliates who have licensed their materials to BANNI. The entire content of ban-ni.com is copyrighted as a collective work under applicable copyright laws, and coordination, arrangement and enhancement of the content.

The content of the BANNI web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. BANNI reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.

BANNI is an internationally registered trademark. You may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from BANNI.

3. PRICING POLICY

At www.ban-ni.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day. The prices of the products published on the web site www.ban-ni.com reflect the actual retail price of the goods in Euro but do not include the local Dutch VAT taxes. If you live outside of the European Community, you are entitled to VAT tax exemption. The shipment of the order must be to an address outside of the European Community. The final invoice will reflect this tax exemption.

Please be reminded that shipments destined outside of the European Community are subject to import taxes and duty fees (DDU Deliver Duties Unpaid) based on your home country’s regulations. All prices are, unless stated otherwise, set in Euros. This sum includes the VAT. Please be aware that our online Coupons are valid for a maximum period of time only. After a certain amount of time which depends per coupon, it will automatically loose its validity.

4. COLOURS

We have done our best to display as accurately as possible the colors of the products shown on the web site of BANNI. However, because the colours you see will vary per monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

5. CORRECTION OF ERRORS AND INACCURACIES

The information of the BANNI web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

6. TYPOGRAPHICAL ERRORS

In the event an www.ban-ni.com product is listed at an incorrect price due to typographical error or systems error, BANNI shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BANNI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BANNI shall issue a payment to your credit card account in the amount of the incorrect price.

7. TERMS & TERMINATION

These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by BANNI without notice at any time for any reason.

All offers are without engagement, unless explicitly stated otherwise by BANNI. Agreements on delivery of items and/or services will be in effect when you receive your order placed at BANNI. When a written, formal complaint will be filed in the first 7 days after receiving your order, disputing the content of your order, BANNI and its consumer will be bound to it. Offers at BANNI do not automatically apply to extra orderings. BANNI cannot be held to its offer when the consumer was supposed to understand that the offer, or a part of it, held a certain misunderstanding or mistake in writing.

8. NOTICE

www.293studios.com may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class mail to your address on record in BANNI account information.

9. USE OF SITE

Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an BANNI or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Please note that you must be 18 years or older to register with the Site and to purchase goods from the Site. By registering to use the Site you warrant that you are aged 18 years of age or older.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BANNI, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

11. DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BANNI. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. BANNI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANNI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY DISCLAIMERS DO NOT APPLY TO CONSUMER PURCHASES.

12. LIMITATION OF LIABILITY

BANNI SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF BANNI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. RETURN POLICY / CANCEL

At BANNI we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items.

Further, you have the right to cancel the contract for the purchase of any of these items within a period of 14 working days, beginning with the day after the day on which the item is delivered. This applies to all of our products. You have to meet the following conditions in order to return:

– WRITTEN REQUEST FOR AUTHORIZATION: Clients must contact info@ban-ni.com with a written request to return the product(s) within 14 days from the date of delivery. The written request must include the Item Code Number(s) of the product(s) to be returned and the compensation for the return: refund, size exchange or color exchange.

– CONFIRMATION EMAIL WITH RETURN AUTHORIZATION NUMBER: Once the written request is received, info@ban-ni.com will send a written confirmation to the client including the RETURN AUTHORIZATION NUMBER. Clients must write this RETURN AUTHORIZATION NUMBER externally on the box.

– ORIGINAL CONDITION: The returned product(s) must be in the same condition in which it was originally sent and packaged in an orderly fashion this includes also the label, tags and any other additional item that was attached to the garments.

– 14 DAYS: The return of the unused product(s) must reach BANNI within 10 days of the written confirmation from info@ban-ni.com

– RETURN SHIPMENT FEES: The Client is responsible for shipment of the returned item and any eventual import fees.

– DEFECTIVE MERCHANDISE: In the case of defective merchandise, or an error in the order on the part of BANNI, Clients must follow the instructions above. BANNI reserves the right to request photographic support for returns regarding defective merchandise before authorizing the return and the eventual charges for the shipment and import fees. BANNI will ship clients the returned corrected goods free of charge or will refound the incur expences. BANNI reserves the right to refuse unauthorized returns.

BANNI will NOT accept any products that have been worn, washed or altered for any reason.

BANNI reserves the right to INSPECT returned merchandise and assess re-stocking fees depending on the state of the returned merchandise.

After clients have met these above mentioned conditions determined by BANNI, we will ,in case of return, refund the paid amount within 30 days after receiving the returned product.

Products on offer cannot be returned.

When within 14 days of delivering it is clear the products do not meet the specifications as stated on the website, BANNI will make sure that within 30 days the paid sum will be refund to your account. You can also request BANNI to replace or repair the concerning product.

After the stated 30-day term of guarantee, BANNI is entitled to charge for all costs of reparation or replacement, including administrational, sending and packing fees.

The guarantee expires when the lack is caused due to unrightfully use or judgement or when, without written consent by BANNI, you or third parties have made alterations and/or tried to change the concerning product or used these for wrongful aims that the product is not meant for.

Returns can be send to:

BANNI

Raadhuisplein 168

2132 TZ HOOFDDORP

The Netherlands

CUSTOMER SERVICES

E : info@ban-ni.com

14. DATA PROTECTION

By submitting an order you agree to the processing by us of your personal information and the disclosure of that information as set out in this clause 8. Further information about the manner in which we process your information is set out in our privacy policy.

We may use any personal information provided to us by you or obtained by us from any third party relating to you for any purposes relating to the provision of our goods and services.

You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

We may notify you by e-mail or by post about goods and services available from BANNI. If you would prefer not to receive such information please e-mail us at the following address: info@ban-ni.com

We may disclose any personal information provided to us by you or obtained by us from any third party relating to you to:

Any person, firm or company to whom we may sell the whole or a substantial part of our business or to whom we may transfer any part of our rights or obligations under this agreement; and For the purposes of assisting us in providing our goods and services and maintaining and supporting any equipment utilised by us we may need to disclose or provide access to personal data held by us relating to you to the supplier of such equipment or any third party providing maintenance and support services. Any such disclosure or access will be made under strict terms of confidentiality. Any such disclosure or transfer referred to above may take place via electronic means using the internet (or otherwise).

15. SECURITY POLICY

We use secure socket layer technology (ssl). This means that when you place orders with us on our secure online ordering system, all of the information is encrypted or scrambled, so that the data you send is an unintelligible string of seemingly random characters. When these characters are received by our web server, the server’s ssl software converts them back into useful information. The same thing happens with data you receive from our server. Your interactions are therefore private.

PROTECTING YOUR SECURITY

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

HOW DOES IT WORK?

You only need to register with us and SecureCode once to create your password for each of your relevant payment cards. Then whenever you shop online using your registered cards you’ll be asked to enter the relevant password as an additional validation before the order is confirmed. Simply follow the instructions that appear once you have submitted your order. The details you enter in this process will be submitted to your card issuer over a secure link and can not be viewed nor will they be held by BANNI.

WHAT IF I AM ALREADY REGISTERED?

If you’ve already registered you just need to enter your own personal password as indicated on the box that appears once you’ve submitted your order.

16. PRIVACY POLICY

We take the security and privacy of our customers seriously and this policy sets out how we handle information about you and your rights in respect of that information.

What information do we hold and how do we obtain it? Generally we receive information directly from you when you place an order with us to buy our goods. Such information includes your name, address, email address, telephone number and credit card details.

For what purposes do we use your information? We use your information for a number of purposes including: – to perform our contractual obligations to you and to ensure that goods are supplied to you as efficiently as possible – for other non-contractual reasons.

We, or reputable third parties acting on our behalf, may use your information:

TO IDENTIFY AND MAINTAIN RECORDS OF YOUR PURCHASES WITH US

To ensure that the goods and services we offer to you are appropriate for your needs, To respond to any query you may raise with us about our goods, To update our systems for providing you with an enhanced service, For our customers’ protection, we always check a certain percentage of our orders at random to confirm the details of the order match those of the cardholder on file. For this reason, we may ask you for some additional information. This would be a copy of the front and back of the card used to make the purchase, or a copy of a photo ID such as a valid drivers license or passport. We will also require some proof of address along with the copy of the photo ID.

OTHER PURPOSES

We will also use information about you for purposes upon which the provision of our goods and services are not necessarily dependent. We may:

disclose information about you to third party agencies for credit checking purposes (which information may be shared with other organizations for the same purpose) use information about you to inform you (by post email or telephone) about other services we offer or which are offered by other companies within our group or any of the other companies with which we work use information about your account with us for our internal customer service monitoring and training purposes

TRANSFERS OVERSEAS

Please note that disclosures we may make may take place via electronic means and may involve the transfer of personal data relating to you to countries outside the european economic area which countries do not have in place adequate rules relating to data protection and privacy of personal data.

SALE OF OUR BUSINESS

You acknowledge that data you provide to us may be transferred to any person, firm or company to whom we sell the whole or a substantial part of our business or to whom we transfer any of our rights or obligations under a contract with you.

TAKING CARE OF YOUR DATA

We will endeavor to keep any information which we hold about you up to date and accurate. To help us to do this, please keep us informed if any of your details change. We will endeavor to protect your data against unauthorized or unlawful use. We use secure socket layer technology (ssl). This means that when you place orders with us on our secure online ordering system, all of the information is encrypted or scrambled, so that the data you send is an unintelligible string of seemingly random characters. When these characters are received by our web server, the server’s ssl software converts them back into useful information. The same thing happens with data you receive from our server. Your interactions are therefore private.

17. THIRD PARTY RIGHTS

The statutory right of any person other than you or us to enforce any of these provisions is excluded.

18. ORDER PLACEMENT

While browsing the website, items can be added to the shopping basket by choosing a size followed by clicking the button “add to basket “. You can either continue shopping or go to the checkout. The checkout pages will guide you through the rest of buying process. You will be able to delete items from the cart or make a change the quantity at any time.

19. SEVERANCE

If any term shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term shall to that extent be deemed not to form part of these terms and the enforceability of the remainder of the terms shall not be affected.

20. PAYMENT OBLIGATION

When you fail to meet the payment obligation, BANNI is not only entitled to demand the legal rate of interest over the owed sum, but also to all reasonable costs BANNI makes to acquire the chargeable sum. This forced payment is set at at least 15 % of the prior sum; if BANNI can show that it has made bigger costs, than these will also be taken in consideration for compensation.

CUSTOMER SERVICES

E : info@ban-ni.com