Terms of service

OVERVIEW

Welcome to BRONCA! The terms “we”, “us” and “our” refer to BRONCA. BRONCA operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). BRONCA is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT 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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. BRONCA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until BRONCA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as BRONCA may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy: https://bronca.com/policies/refund-policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES, BILLING & DISCOUNTS Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. From time to time, we may run promotional campaigns offering general discounts on our products during specific seasons, holidays, or special events. We reserve the right to modify, suspend, or completely terminate any promotional discounts or campaigns at our sole discretion and at any time, without prior notice to prospective buyers. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY & DMCA NOTICE Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by BRONCA, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. BRONCA’s names, logos, product and service names, designs, and slogans are trademarks of BRONCA. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. DMCA Notice: If you believe that any content on our Services violates your copyright, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Designated Agent at legal@bronca.com with the following information: (a) physical or electronic signature of a person authorized to act on behalf of the owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing; (d) contact information of the complaining party; and (e) a statement that the complaining party has a good faith belief that use of the material is not authorized.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk.

 

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY BRONCA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with BRONCA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BRONCA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BRONCA.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 11 - USER GENERATED CONTENT AND FEEDBACK If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, videos, or other content, or if you post content on social media using brand hashtags associated with BRONCA (collectively, “User Content”), you grant us a perpetual, worldwide, sublicensable, royalty-free, irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in any medium for any purpose, including for commercial use and advertising. You represent and warrant that: (i) you own or have all necessary rights to all User Content; (ii) you have disclosed any compensation or incentives received; and (iii) your User Content does not violate any third-party right, including copyright, trademark, privacy, or personality rights. We take no responsibility and assume no liability for any User Content posted by you or any third-party. We reserve the right, but have no obligation, to monitor, edit, or remove User Content.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm anyone; (e) to transmit false or misleading information; (f) to upload viruses or malicious code; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (h) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

 

SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY BRONCA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BRONCA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, 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, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless BRONCA, Shopify, and our affiliates, partners, officers, directors, employees, and agents from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior agreements.

 

SECTION 20 - ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

 

SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the Arbitration provision below, you and BRONCA consent to the exclusive jurisdiction and venue of the state and federal courts located in Brazoria County, Texas.

SECTION 22 - DISPUTE RESOLUTION AND ARBITRATION (CLASS ACTION WAIVER) Please read this section carefully. It affects your legal rights. Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the breach thereof, or your use of the Services or products sold by BRONCA, shall be resolved by binding arbitration on an individual basis, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Class Action Waiver: You and BRONCA 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, we each waive any right to a jury trial.

SECTION 23 - ACCESSIBILITY (ADA COMPLIANCE) BRONCA is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you experience any difficulty in accessing any part of this website, please contact us at legal@bronca.com, and we will work with you to provide the information, item, or transaction you seek through an alternate communication method that is accessible for you.

SECTION 24 - SMS MARKETING AND COMMUNICATIONS By consenting to BRONCA’s SMS marketing during checkout or via our subscription tools, you agree to receive recurring automated marketing text messages at the phone number provided. Consent is not a condition of purchase. Msg & data rates may apply. You can unsubscribe at any time by replying STOP to any of our messages or by clicking the unsubscribe link provided in the message.

SECTION 25 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 26 - CHANGES TO 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at shop@bronca.com. For legal inquiries, DMCA notices, or accessibility concerns, please contact legal@bronca.com.

Our contact information is posted below: BRONCA PBC INC shop@bronca.com / legal@bronca.com

  • BRAZOS LANDING COURT 113 - FREEPORT TX 77541

  • (858) 935-7430

  • 803418183 FILE NUMBER BRONCA PBC INC

  • 84-1818728 EIN NUMBER