LAST UPDATED: November 30, 2017
Introduction and Acceptance of Terms
Our Websites offer consumers a convenient way to find, learn about, and purchase products from BIC USA Inc. official websites and applications (“Website(s)”, “we”,” us”, or “our”). We provide our Websites subject to the terms and conditions set forth herein (the “Agreement”). The terms of this Agreement apply whether you are just visiting our Websites or are a registered Account user (as described below). By using our Websites, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms set forth in this Agreement, please do not use our Websites. Additional terms may govern certain features or content on our Websites, such as offers, product personalization, submission programs, contests or sweepstakes. By participating in any activity on a Website that is governed by additional terms, such as product personalization, submission guidelines, offer terms or Official Rules for a contest or sweepstakes, you agree that you will be subject to those additional terms in addition to this Agreement.
Your use of our Websites shall be governed in all respects by the laws of the state of Connecticut, U.S.A., without regard to choice of law provisions.
To make a purchase via our Websites, you must be a legal resident of the 50 states of the United States of America or the District of Columbia and be at least 18 years of age (19 years of age if purchasing lighters).
Privacy and Legal Notice
The use of certain Website services requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account, and an Account is not required to make a purchase. To establish an Account, you must provide your name, a valid e-mail address, password, your birth month and year and such other information as we may require from time to time. To activate your Account you must validate your email address within 48 hours via the embedded link provided in the confirmation email.
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to our Websites. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date.
We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.
You will have the opportunity to find out what your payment options are prior to placing your order.
Making a Purchase
If you wish to purchase products or use certain services described on our Websites, you will be asked to supply certain information, including but not limited to credit card information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected in those States where required.
The products and services described on our Websites are available only for purchase and use in the United States. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via our Websites.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
Order Acceptance Policy
The advertisement of any product on our Websites does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order. Orders cannot be cancelled or changed online once they are submitted. If you have any questions concerning your order, please contact our Consumer Affairs team.
Order Limitation Policy
Given the popularity of some products, we reserve the right to limit the quantities of items that can be purchased.
Pricing and Availability
All prices and availability of products are subject to change without notice, up until the order is completed and confirmed. We make every effort to provide you the most accurate information on pricing and availability.
In addition, some of the items on our Websites may be incorrectly priced or no longer available at the time you place your order.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
If we do not believe that we will be able to fill your order within thirty (30) days of the date of your order (such as, for example, if the product is out of stock or has been discontinued), we will notify you of the same by email and we will cancel your order for that item.
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of our Websites are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. The image quality of your finished personalized product will depend on the resolution and format of your image submitted to be personalized. All features, content, specifications, sizes and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.
Orders will only be shipped to addresses within the 50 states of the United States of America or the District of Columbia. We strive to ship your order as quickly as possible. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
We reserve the right to use the shipping carrier of our choice.
We charge shipping and handling for all orders. You will have the opportunity to find out what your shipping and handling charges are prior to placing your order.
You may receive shipments in separate boxes.
Risk of Loss
The risk of loss and title for items ordered pass to you upon our delivery of the items to an independent third party carrier for delivery to you.
BIC Performance Policy, Product Replacement Procedures, Returns and Refunds
If you are not satisfied with the performance of a product you purchase on this site, we will gladly replace it at no cost to you. Please retain your product and contact our Consumer Affairs team for product replacement and shipping instructions. Please provide us with your order number, name, address, and a description of the reason for the return.
All products must be returned. Our Consumer Affairs team will provide you with specific shipping instructions. Due to postal regulations, certain products, including Lighters, must be returned using approved mailing materials provided by BIC.
For refund requests please contact our Consumer Affairs team. You will not be refunded any original shipping costs and you will be responsible for paying the shipping costs for returned product(s). Any refund request must be made 30 days from date of purchase, the product must have been purchased from one of our Websites. The refund will be based upon the price paid at the time of purchase.
Shipping Errors and Damages
Please contact our Consumer Affairs team if your order arrived damaged or if a packing error occurred. Please provide us with your order number, name, address, and a description of the issue and our Consumer Affairs team will assist you.
Our Websites’ subscription program offers the convenience of automatically delivering products you select right to your door on a schedule you set. Our Websites may also offer discounts and other promotions such as free shipping on items available for subscription. Subscription discounts and other promotions will be displayed at the time of subscription sign-up.
The final cost of each subscription order may vary. The final cost of each subscription order will be the cost of the item on the day we send you an email notice confirming your subscription order plus shipping and handling and sales tax, if any. Applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order.
The credit card you use when you sign up for a subscription will continue to be automatically charged on the schedule you select for product shipments unless and until you cancel your subscription. You can cancel or make certain changes to your subscription at any time by accessing your Account; such cancellation or changes will apply on a going-forward basis. Any charges already made to your credit card at the time of cancellation are non-refundable.
BIC’s Right to Terminate
BIC reserves the right, without notice and in its sole discretion, to terminate your subscription: (i) if you violate any of these terms and conditions, (ii) for any reason, or (iii) for no reason. Upon any such termination, your subscription benefits will immediately cease and you will only be charged for orders that have been shipped to you. BIC reserves the right to change any benefits offered through its subscription service, including discounts and other promotional offers such as free shipping, at any time in BIC’s sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber.
Subscription Eligible Items
Items that are eligible for subscription will be clearly identified on our websites.
For your convenience, you may also order additional items as one-time purchases while signing up for items on subscription within the same order transaction.
Subscription Payment Methods
You will have the opportunity to find out what your payment options are prior to placing your order.
Subscription Processing and Notification
Your first shipment of each subscription order you place will be processed immediately after you sign up. The billing and shipping addresses chosen for your initial order will be saved in your Account and used on all future orders.
You will receive a shipping confirmation email once your package has left the warehouse.
Problems Processing Subscription Orders:
If any problems arise with the credit card associated with your subscription order, we will notify you via e-mail using the address associated with your Account requesting that you resolve the problem. No additional orders will be processed or shipped until the problem has been resolved.
In the unlikely event that a subscription item is not available on the day it is scheduled to be shipped, we will notify you of the delay. A member of our Consumer Affairs team may contact you during this period to determine if there is an appropriate substitute for the item.
If a subscription item is no longer available, we will notify you and automatically cancel your subscription for that item. No additional orders associated with that subscription will be placed.
Canceling Subscription Services
You can cancel scheduled subscription orders at any time by accessing your Account
If you want to cancel an order from the subscription program, you can do so up to 48 hours before your recurring scheduled order date without being billed. Your cancellation will immediately go into effect and you will no longer be charged for the subscription item which was cancelled.
If it is not cancelled 48 hours prior to the scheduled order date, your items will be shipped and billed based on your Account information for that subscription item.
You may make eligible changes to your subscription by:
· Logging into your Account on ShopBIC.com
· Or contact our Consumer Affairs team
We reserve the right to change the subscription policies at any time without notice. We may terminate your subscription at our discretion without notice.
Product Personalization Orders:
Our Websites allow you to personalize a product with your own artwork, design, words, phrases, or photographs (“Artwork”). You are responsible for the Artwork you submit. You must comply with these Terms and Conditions, the Artwork Guidelines below, and all local, state, federal or international laws.
• Please use your own original Artwork. Just because something is available on the Internet or from a third party does not mean that you have the right to use it. Please be sure to obtain all necessary approvals, permissions and licenses before submitting your Artwork.
• Before your order is submitted, you will be required to confirm that the Artwork is your own to use. BIC’s acceptance of your Artwork does not release you from your obligations as seen in these terms and conditions.
• BIC does not own the Artwork you submit for personalization. You are granting BIC a limited, non-exclusive license to use the submitted Artwork for the manufacturing of your personalized product.
• You agree that BIC has no duty or liability, now or in the future, with respect to your use of someone else’s Artwork in any materials developed or created and/or incorporated into the Artwork.
• You agree and acknowledge that BIC may create designs with material similar to your design. You are not entitled to any compensation for use of similar material by BIC.
• You may be contacted to confirm that you have the appropriate authorization or permission to use your submitted Artwork.
• BIC reserves the right to review all Artwork and to refuse Artwork for any reason in BIC’s sole opinion and discretion, including but not limited to Artwork found to not comply with the website terms and the terms and conditions for Product Personalization Orders or the below Artwork Guidelines. You will receive a confirmation email if your Artwork is not accepted, your entire order will be cancelled and your credit card will not be charged. If your order included other BIC products, you will need to submit a new order.
• Safety First: When personalizing your lighter, remember that lighters are adult products and should be kept away from children. Avoid uploading images and content that could be attractive to children. For lighter safety information, go to www.flickitsafely.com and www.playsafebesafe.com.
• Below are some general categories of Artwork that will not be accepted:
o Artwork that invades or violates another's rights, including but not limited to trademarks, trade name, trade dress, trade secret, service mark, copyright, patent, right of privacy, and other intellectual property laws. For example:
• Brand, company, or organization names other than your own
• sports teams, sports leagues
• celebrities, athletes, musicians, politicians, etc. (names or images)
• cartoon characters
o Artwork that:
• Promotes inappropriate, harmful or hateful activity, behavior or conduct (e.g., excessive or abusive alcohol use, violence, fire/destruction, defamation, profanity/vulgarity, hate speech, emotional distress, pornography, nudity, children not wearing shirts and pants, etc.)
• Promotes illegal activities (including illicit drug use)
• Is untrue, malicious, discriminatory, harassing, abusive, or is an assault on or threatening to individuals or groups based on their race, ethnicity, national origin, class, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. (including symbols such as a Nazi swastika or Confederate Flag)
• Focuses on politics or religious topics
• Is otherwise or could be considered inappropriate, unsuitable, unsafe or offensive as determined by BIC in its sole discretion
• Your personalized lighter will proudly state, “Personalized and image owned by __________________.” Your name will be populated from the “Bill to” field in a line located in the lighter warning.
Quantity/Format for best results:
• Minimum order quantity six (6).
• Artwork/designs submitted for printing on a lighter must be a .jpg, .png, or .gif and 1200x1244 pixels, for best results.
• The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. The image quality of your finished personalized product will depend on the resolution and format of your image submitted to be personalized.
No Class Action and Dispute Resolution
Any dispute with BIC, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to our Websites including the use thereof and/or this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Fairfield, Connecticut. If travelling to Connecticut is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). You agree to resolve any disputes related to our Websites, including the use thereof and/or this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the services at the terms designated, and that your assent is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with BIC, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of our Websites or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any part of this Agreement is found to be invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this Agreement.