Terms and Conditions
Terms & Conditions of Use
Agreement between user and BendShape.
The Website includes various web pages operated by BendShape Mask, LLC, a Delaware limited liability company (“BendShape”). As used herein, the term “Website” includes www.bendshapemask.com and www.bendshapemask.com, and any other web pages which relate to BendShape™ products and are operated or hosted by or on behalf of BendShape. To contact BendShape regarding these Terms and Conditions you can write to: ATTN: Legal Department at 2 Manhattanville Road, Suite 103, Purchase, NY 10577, or by email at support@bendshapemask.com. To contact the BendShape customer service department about issues relating to BendShape products you can email support@bendshapemask.com.
The Website is offered to you (“you,” “your”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (hereinafter, the “T&Cs”). Your use of the Website constitutes your agreement to these T&Cs, and BendShape’s Privacy Policy which can be found here.
Modification of these T&Cs
BendShape reserves the right, from time to time and in its sole discretion, to change the terms, conditions, and notices under which use of the Website is thereafter offered. Your use of the Website means that you accept and agree to the then current T&Cs.
BendShape reserves the right to disclose aggregated data, or information concerning the use of the BendShape website. If you provide statements to BendShape through its website or by email, you agree that BendShape can republish those statements without limitation, and without attribution to you.
Payments
BendShape accepts most major credit cards, such as Visa, Mastercard, Discover, and American Express. Your credit card will be charged at the time of order placement and purchase.
Orders
Product Returns & Exchanges
Orders are non-cancellable and non-refundable. Except as provided in this section and in the BendShape limited products warranty, BendShape does not accept returns or exchanges of merchandise (including BendShape masks, Personal Protective Equipment (PPE), or their accessories). All sales are final, due to the nature of the products. If you return your merchandise without the authorized approval of BendShape Mask, you will not receive a refund and your merchandise will not be returned to you. Where BendShape agrees to accept a return, unless other arrangements have been made, you are required to pay the return freight charges as well as a cancellation fee or a restocking fee. Orders cannot be cancelled due to delays in delivery, unless the delays are more than 6 months from the original order date.
Limited Product Warranty
For a period of five (5) days from the date of delivery, BendShape warrants to you that the Product shall be free from defects in materials and workmanship under normal use and service. This limited warranty obligation does not apply to any defects to the extent such defects result from use, misuse, neglect, repair, alteration or accident after delivery. This limited warranty obligation for any defective Product is limited to: replacement of the defective Product or a refund for the purchase price minus shipping expense, in BendShape’s sole discretion. EXCEPT FOR THIS EXPRESS WARRANTY, ALL WARRANTIES WITH RESPECT TO PRODUCT, WHETHER EXPRESS OR IMPLIED, AND ALL GUARANTIES AND ALL REPRESENTATIONS AS TO PERFORMANCE OF PRODUCTS, INCLUDING ALL WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OF TRADE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED AND DISCLAIMED BY BENDSHAPE.
Links to Third-Party Sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BendShape, and BendShape is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BendShape is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BendShape of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to BendShape that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain materials or information not intentionally made available or provided for through the Website.
Feedback and Suggestions Provided to BendShape
BendShape does not claim ownership of materials (including feedback and suggestions) you provide to BendShape or post, upload, input, or submit to a Website (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you grant and agree to grant to BendShape and its sub-licensees unrestricted permission to use your Submission, such permission including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission. BendShape will not intentionally reveal your name in connection with your Submission unless you agree to allow the same. By submitting a Submission, you expressly waive any right to attribution, control of distribution or control over modifications of your Submission.
No remuneration shall be due or owing with respect to BendShape’s permitted use of your Submission as provided herein. BendShape is under no obligation to maintain or use any Submission you may provide and may use your Submission at any time, and from time to time, in BendShape’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you represent and warrant that you have sufficient rights in the Submission to grant the rights to BendShape as described above.
Termination/Access Restriction
BendShape reserves the right, in its sole discretion, to terminate your access to the BendShape Masks Website or any portion thereof at any time, without notice.
Website Disclaimer
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BENDSHAPE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BENDSHAPE AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE BENDSHAPE MASKS WEBSITE AT ANY TIME.
BENDSHAPE AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BENDSHAPE AND/OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OR PERFORMANCE OF THE WEBSITE; DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES; PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, SERVICES, INFORMATION, SOFTWARE, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE; OR OTHERWISE, ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BENDSHAPE (OR ANY OF ITS AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE T&Cs, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
BendShape endeavors to provide accurate, correct and reliable content, but makes no representations or warranties as to the content's accuracy, correctness or reliability.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Indemnification
Except as prohibited by law, you will defend, indemnify and hold harmless BendShape and its officers, directors, employees, affiliates, and agents for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), arising out of or in connection with the T&Cs, whether in an action of contract, negligence or other tortious action, including, without limitation, for a claim that: (i) you violated any of the T&Cs; (ii) you violated a third-party right, e.g., copyright, patent, trademark, trade secret, property, or privacy right; or (iii) your content caused damage to a third party. This defense and indemnification obligation will survive the T&Cs.
Digital Millennium Copyright Act (DMCA) Notices
BendShape respects the intellectual property of others. If you believe that your work has been used on the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please promptly email BendShape’s Legal Department (at notice@bendshapemask.com) the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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description of the copyrighted work or other intellectual property that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the site;
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your address, telephone number, and email address;
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a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and,
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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
International Users
BendShape makes no claims regarding access or use of the Website outside of the United States. If you use or access the Website outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as being required to comply with these T&Cs.
International Shipment
BendShape will ship internationally via FedEx, UPS, USPS, or another third-party logistics vendor in its sole discretion. All taxes, duties, tariffs, fees, or other expenses that are incurred are your (i.e., the buyer’s and/or receiving party’s) responsibility.
Privacy & Personal Information
For information about BendShape data protection practices, please read BendShape’s Privacy Policy, which can be found here.
Survival
The legal rights, obligations, and liabilities that you and BendShape have benefited from, been subject to or which are expressed to continue indefinitely, shall survive, and be unaffected by the termination of these T&Cs.
Copyright
The Website is Copyright 2022 BendShape Mask, LLC. All rights reserved.
Trademarks
BendShape’s trademarks, including, without limitation, BendShape, ShapeFit, Quartz, Feather, Shaped by Science, and MaskBright are owned by BendShape. Nothing in these T&Cs transfers ownership rights or grants any permission, license or other express or implied right to any of BendShape’s trademarks. Any third-party right to a BendShape trademark held to be created by these T&Cs is terminable at will by BendShape.
Other trademarks used on the Website are the property of their respective owners.
Any rights not expressly granted herein are reserved.
General Legal Terms
The T&Cs constitute the sole and entire legal agreement between you and BendShape concerning the use of the Website. These T&Cs constitute the sole and entire legal agreement between you and BendShape concerning the products and/or services available on the website. Notwithstanding the foregoing, to the extent you have a separate written agreement with BendShape concerning specific BendShape products or services, that agreement will control with respect to the products or services it covers.
You acknowledge that the form and content of the Website may change from time to time with or without prior notice to you.
You agree that if BendShape does not exercise or enforce any legal right or remedy which is contained in the T&Cs (or which BendShape has the benefit of under any applicable law), BendShape’s forbearance or delay in exercise or enforcement shall not constitute a waiver thereof.
If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or BendShape (collectively, “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State and County of New York and in accordance with the then-prevailing rules of the American Arbitration Association. BendShape shall be entitled to recover its cost of arbitration, and reasonable attorneys’ fees and expenses if the arbitrator determines that the arbitration was brought in bad faith. Any award conferred shall be enforceable in any court of competent jurisdiction.
To the extent legally permissible, the Parties 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, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These T&Cs, and your relationship with BendShape under the T&Cs, shall be governed by the laws of the State of New York, without regard to conflict of laws provisions. You and BendShape agree to submit to the exclusive jurisdiction of the courts located within New York county to resolve any legal matter arising from the T&Cs. Notwithstanding anything to the contrary herein, you agree that BendShape shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any tribunal having the jurisdiction to decide a matter arising under or in connection with these T&Cs rules that any provision of these Terms is invalid, then that provision will be equitably reformed into a valid, lawful provision that most nearly achieves the purpose and effect of the reformed provision, and the rest of the T&Cs shall remain in full force and effect.
These T&Cs are effective as of January 1, 2021 for all BendShape Mask orders placed after Jan 1, 2021.