OVERVIEW
This website (the "Site") is operated by bncktrd.com ("we", "us", or "our"). By accessing, browsing, or purchasing products/services from the Site, you ("User", "you") engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including our Privacy Policy, Return Policy, and any additional policies referenced herein or linked to the Site. These Terms apply to all Users (including browsers, customers, vendors, and content contributors) and supersede any prior agreements.
The Site is hosted on Shopify Inc. ("Shopify"), which provides the e-commerce platform enabling us to offer products/services to you. Your use of the Site is subject to Shopify’s Acceptable Use Policy and applicable terms of service, which are incorporated herein by reference.
Please read these Terms carefully. If you do not agree to all provisions, you may not access or use the Site/Service. Your continued use of the Site after any updates to these Terms constitutes acceptance of the revised Terms.
SECTION 1 - ELIGIBILITY & USER OBLIGATIONS
1.1 You represent and warrant that: (a) you are of legal age of majority in your jurisdiction of residence (or have obtained parental/guardian consent if you are a minor); (b) you will use the Service only for lawful purposes; (c) you will comply with all applicable laws, regulations, and these Terms; and (d) you will not violate Shopify’s Acceptable Use Policy.
1.2 Prohibited Conduct: You shall not: (a) use the Site for illegal activities; (b) transmit viruses, malware, or destructive code; (c) infringe upon intellectual property rights (ours or third parties’); (d) manipulate orders, engage in fraud, or misuse payment information; (e) collect or disclose others’ personal data without consent; or (f) interfere with the Site’s functionality or security.
1.3 Breach of this Section will result in immediate termination of your Service access, and you shall be liable for all resulting damages.
SECTION 2 - GENERAL CONDITIONS
2.1 We reserve the right to refuse service, limit orders, or terminate accounts at our sole discretion (including for suspected fraud, policy violations, or inventory constraints).
2.2 Data Transmission: Your non-payment content may be transmitted unencrypted across networks, but all payment information (including credit card data) is encrypted and processed in compliance with PCI DSS standards (Payment Card Industry Data Security Standard) as required by Shopify.
2.3 You may not reproduce, resell, or exploit any portion of the Service without our express written permission.
2.4 Headings in these Terms are for convenience only and do not modify or limit the provisions.
SECTION 3 - ACCURACY OF INFORMATION
3.1 The Site provides general information for reference only. We do not warrant the accuracy, completeness, or timeliness of content (including product descriptions, pricing, or availability). Reliance on such information is at your own risk.
3.2 Historical information is provided for reference and is not current. We may modify Site content at any time without notice, but we have no obligation to update information except as required by applicable law. It is your responsibility to monitor Site changes.
SECTION 4 - SERVICE & PRICE MODIFICATIONS
4.1 Prices are subject to change without notice. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without liability to you or third parties.
SECTION 5 - PRODUCTS & SERVICES
5.1 Certain products/services are available exclusively online, with limited quantities. Returns/exchanges are governed by our Return Policy (incorporated herein by reference).
5.2 We strive to display product colors accurately, but cannot guarantee exact color matching due to variations in monitor settings.
5.3 We may limit product sales by person, region, or quantity at our discretion. Product descriptions and pricing are subject to change without notice; we may discontinue products at any time.
5.4 We warrant that products will conform to Site descriptions and applicable quality standards. Any non-conformity shall be addressed per our Return Policy and applicable consumer protection laws. We do not warrant that products will meet your subjective expectations.
SECTION 6 - BILLING & ACCOUNT INFORMATION
6.1 You agree to provide current, complete, and accurate purchase/account information (including updated payment details). We reserve the right to verify information and cancel/modify orders if details are inaccurate or suspicious.
6.2 We may limit orders placed by the same account, credit card, or billing/shipping address to prevent fraud. If we cancel/modify an order, we will attempt to notify you via the contact information provided.
6.3 For details on returns, refunds, and disputes, refer to our Return Policy.
SECTION 7 - THIRD-PARTY TOOLS & LINKS
7.1 The Site may include third-party tools (e.g., plugins) or links to external websites. We do not control, monitor, or endorse these third parties. Your use of such tools/websites is at your own risk, and you shall comply with third-party terms of service.
7.2 We are not liable for any damages arising from your use of third-party tools/links. Complaints regarding third-party products/services should be directed to the respective third party.
SECTION 8 - USER COMMENTS & SUBMISSIONS
8.1 By submitting comments, ideas, or materials ("Submissions") to us (whether requested or unsolicited), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, distribute, and translate Submissions in any medium.
8.2 We are not obligated to maintain Submissions in confidence, pay for Submissions, or respond to them. We may monitor, edit, or remove Submissions that violate these Terms or applicable law.
8.3 You are solely responsible for Submissions, and warrant that they do not infringe third-party rights, contain unlawful content, or transmit malware. We are not liable for Submissions by you or third parties.
SECTION 9 - PERSONAL INFORMATION
9.1 Your submission of personal data is governed by our Privacy Policy, which complies with applicable data protection laws (including the Personal Information Protection Law of the People’s Republic of China and relevant international standards). By using the Service, you consent to the collection and processing of your data as outlined in the Privacy Policy.
SECTION 10 - ERRORS & OMISSIONS
10.1 We reserve the right to correct typographical errors, inaccuracies, or omissions (including pricing, availability, or shipping details) at any time, even after order submission. We may cancel orders affected by material inaccuracies without liability.
10.2 We have no obligation to update Site information except as required by law. No refresh date implies that all content has been updated.
SECTION 11 - DISCLAIMER OF WARRANTIES
11.1 THE SERVICE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11.2 We do not warrant that the Service will be uninterrupted, secure, or error-free, or that results from use will be accurate. Your use of the Service is at your sole risk.
11.3 Nothing in these Terms excludes or limits liability for: (a) gross negligence or willful misconduct; (b) personal injury or property damage; (c) fraud or fraudulent misrepresentation; or (d) other liability that cannot be excluded by applicable law.
SECTION 12 - LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL BNCKTRD.COM, ITS AFFILIATES, OR SHOPIFY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) ARISING FROM YOUR USE OF THE SERVICE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Our total liability for any claim arising from these Terms shall not exceed the amount paid by you for the relevant product/service.
12.3 This Section shall apply to the maximum extent permitted by applicable law.
SECTION 13 - INDEMNIFICATION
13.1 You agree to indemnify, defend, and hold harmless bncktrd.com, its affiliates, employees, agents, and Shopify from any claim, demand, or damages (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your use of the Service; (c) your Submissions; or (d) your violation of third-party rights or applicable law.
SECTION 14 - SEVERABILITY
14.1 If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be enforced to the maximum extent permitted by law.
SECTION 15 - TERMINATION
15.1 These Terms remain effective until terminated by you or us. You may terminate by ceasing use of the Service and notifying us.
15.2 We may terminate these Terms immediately without notice if you breach any provision. Upon termination, you shall remain liable for all amounts due, and we may deny future Service access.
15.3 Obligations related to indemnification, liability, and intellectual property shall survive termination.
SECTION 16 - ENTIRE AGREEMENT
16.1 These Terms, together with our Privacy Policy, Return Policy, and Shopify’s applicable terms, constitute the entire agreement between you and us, superseding all prior communications (oral or written).
16.2 Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
SECTION 17 - GOVERNING LAW
17.1 These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, excluding its conflict of law principles.
17.2 Disputes arising from these Terms shall be submitted to the competent court of the jurisdiction where we are registered, unless mandatory law requires otherwise.
SECTION 18 - CHANGES TO THESE TERMS
18.1 We may update these Terms at our sole discretion. The latest version will be posted on this page with an updated effective date.
18.2 For material changes, we will notify you via email or prominent Site notice at least 30 days prior to the effective date (where required by applicable law).
18.3 Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
SECTION 19 - CONTACT INFORMATION