Cookie Policy
What are Cookies?
Cookies are small files that are stored on your device (computer, tablet, phone, etc.) when you visit a website. bessrestclothing.com also uses cookies. They enable, among other things, the storage of user preferences and the collection of statistical data. Because we want to ensure your privacy, optimize our service and offer you optimal usability, we think it is important to inform you about why we use cookies and for what purposes. There are also other techniques that enable the collection and transmission of data, such as JavaScript and Web beacons. These techniques and cookies are currently used on almost all modern websites.
When you visit our website and receive information from us by email in response to your requests, we receive some data from or about your device and about your use of our website via automated means. Depending on the type of device you use, we may also use pixel tags and cookies to transfer to your device's cookie file. More information about this can be found below. This information allows us to optimize our website for all visitors and to make continuous improvements so that the information on our websites is updated and always relevant and useful to you.
Device data
Device data collected by our websites include:
Technical information, your internet domain name (this may be your internet service provider and the internet protocol (IP) address used to connect to the internet on your device, your login details, browser type, and version (e.g. Google Chrome, Microsoft Edge, Mozilla Firefox), your device type, time zone setting, browser plug-in type and version, operating system (e.g. Windows 10, Mac OS) and platform;
Information about your visit (including the full URL (Uniform Resource Locators) clickstream, i.e. sequence of page views too, through, and from our websites (including date and time)), page response times, download errors, length of time you spent on certain pages, number and type of pages you viewed in a "session" and length of time you spent on the website, and page interaction information (such as scrolling, clicks, and mouse movements).
Information we obtain about you when you use the other websites we operate or when you use our services. We work with third parties (such as business partners, sub-contractors in the provision of technical, payment, and delivery services, fraud detection and authentication support service providers, advertising networks, analytics and search data providers, credit reference agencies) and may receive information about you from them.
Pixel tags
We may use "pixel tags", which are small graphic files that help us monitor the use of our websites. A pixel tag may collect the following information: the IP (Internet Protocol) address of the computer that downloaded the page containing the tag, the URL (Uniform Resource Locator) of the page containing the tag, the time the page containing the pixel tag was viewed, the type of browser that loaded the pixel tag, and the identification number of any cookies previously placed on the computer by that server. If we send you an HTML-enabled email, we may use "format sensing" technology that allows pixel tags to tell us whether you have received and opened our email.
More about Cookies
Cookies are text data strings that are transferred to the browser's cookie file on your device's hard drive to enable the website to recognize your device. Cookies allow websites to tailor content to your interests more quickly. Most major websites use cookies. Cookies alone do not reveal your identity.
Typically, a cookie contains the name of the domain from which the cookie originates, the "expiration date" of the cookie, and a numerical value, usually a randomly generated unique number.
Types Of Cookies
Two types of cookies are used on this website:
Temporary session cookies, which are deleted from your browser's cookie file when you leave the website.
Permanent cookies, which remain in your browser's cookie file for significantly longer (depending on the validity period of the cookie in question).
How cookies are used on this website and what data is collected?
Session cookies
Session cookies are used for the following purposes:
Providing data that has already been collected without having to re-enter it
To allow access to stored data during registration.
Permanent cookies
Permanent cookies are used for the following purposes:
To recognize you as a returning visitor to our website (by means of a number which, however, does not allow any conclusions to be drawn about your identity).
To display content tailored to your specific interests or to avoid displaying the same repeatedly
Compilation of anonymous, aggregated statistics that provide information about the use of our website and allow us to improve the structure of our website, but do not reveal your identity.
For more information about cookies in general and how to manage them, please visit www.aboutcookies.org.
Essential cookies
These are cookies that we need in order to provide you with a properly functioning website and to enable you to use the homepage we provide.
Analytical and non-essential cookies we use
These cookies help us measure traffic to individual pages on the homepage to determine which areas of our website have been visited. We use this to identify a visitor's habits so that we can improve our online products and services. We may log IP addresses (the electronic addresses of computers connected to the Internet) to analyze trends, administer the website, track users' movements and gather broad demographic information.
These cookies are not essential to the website and we will therefore ask for your consent before activating these cookies. You can withdraw your consent at any time.
The list below shows the cookies we have installed that are not strictly necessary and require your consent.
Cookie (Facebook): _fbp;
Web beacons
Some of our websites may contain electronic images called web beacons ("tracking pixels") to enable us to track the number of visitors to those pages. Web beacons collect only a limited amount of information, including a cookie number, the time and date a page was visited, and a description of the page on which the web beacon is located. Our website may also contain web beacons placed by third parties for advertising purposes. These beacons do not contain any personal data and are only used to track the effectiveness of a particular campaign.
Managing cookies
Your browser settings allow you to determine whether or not cookies are allowed. However, if you disable cookies, you may not be able to use all the interactive features of our website.
Managing cookies in Internet Explorer
In most versions of Internet Explorer, you can find the cookie settings by clicking on the 'Tools' option and then on the 'Privacy' tab.
Managing cookies in Internet Edge
In Microsoft Edge, you can find the cookie settings by clicking on the "More" option and then on the "Settings" icon.
Managing Cookies in Firefox
In Firefox, the cookie settings are managed in the "Privacy" window under "Settings". In the "Settings" > "Privacy" window, you will find information about these settings.
Managing Cookies in Chrome
Click on the spanner icon in the toolbar and select "Settings". On the "Advanced" tab, in the Privacy section, click "Content settings".
Managing cookies in Opera
In Opera, you can manage cookies by clicking on "Settings", "Advanced" and then "Cookies".
Managing cookies in Safari
Select Safari > Preferences, then click Privacy. Then you can specify if and when Safari should accept cookies.
Opt-Out
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you wish to withdraw your consent to our use of cookies on this Site, or if you wish to delete or control the placing of cookies on your device, you can also change your browser settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings at Internet Explorer , Chrome, Firefox, Safari
If you disable the cookies that the Site uses, this may impact your experience while on the Site. You can also delete cookies already stored on your computer. Again, doing this may have a negative impact on the usability of many websites. If you disable the cookies that the Site uses, this may impact your experience while on the Site. You can also delete cookies already stored on your computer. Again, doing this may have a negative impact on the usability of many websites.
To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Your choices
You have some choices about whether this information can be retrieved from your device. For example, depending on the type of device, you can enable or disable location services. On most mobile devices, location services can be disabled. Often the controls to do this can be found in the settings menu of the device. If you have questions about how to disable location services on your device, you should contact your mobile service provider or the manufacturer of your device.
How can we make changes to our Cookie Policy?
Except to the extent limited by applicable law, we reserve the right, in its sole discretion, to update and amend all or parts of this Cookie Policy, at any time. The version published on the Site is the version actually in force.
Questions and Further Information
For further information visit www.aboutcookies.org.
If you have any concerns about the way that we use cookies or your settings, then please contact us.
Bessrest Clothing
1099 E. Champlain Dr. Ste. A
1089 Fresno CA. 93720 USA
Phone: 559-978-3057
Returns and Refunds
This policy applies to all products purchased from bessrestclothing.com. We are confident that you love our products, however in the event that you would like to apply for a refund, please follow the processes set out below. Please note that if a return is sent without an RMA number, we may return the item(s) to you or charge you a restocking fee.
Refund
After you have initiated an RMA and we authorized you to Return the item(s) and we have received your item(s), we will inspect the item(s). We will then immediately after inspecting the item(s)notify you of the status of the RMA. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the refund typically within 14 days, depending on your card issuer's policies.
Postage
If your return has been authorized we will either issue you a return label or refund. When returning the item(s), please use the return label issued and keep the delivery receipt. If we offer you to refund your return postage expenses and you choose an unnecessarily expensive shipping method, you may be obliged to reimburse us for the increased costs compared to a cheaper shipping method.
Customs, duties, and taxes
We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Late or missing refunds
If you haven’t received a refund within 14 days of us notifying you about your refund being issued, please, check your bank account again and contact your bank or credit card company. If you’ve done all of this and you still have not received your refund yet, please contact us at bessrestclothing@gmail.com.
Cancellation
You have the right to cancel your contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right to cancel you must inform us by means of a clear notification (e.g. a letter sent by post or e-mail) of your decision to withdraw from our contract.
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right to cancel before the expiry of the cancellation period.
Consequences of the cancellation
If you withdraw from your contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. However, any banking fees or charges including but not limited to credit and debit card charges your card issuer may impose on us will be deducted from your refund.
We may refuse to make a repayment until we have received the goods back or until you have provided the proof you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
Returns
Standard Returns Policy
Our standard returns policy for item(s) bought is 30 days and to qualify for a full refund the item must be:
unused,
in its original packaging,
in a resellable condition,
accompanied by a valid proof of purchase, and
returned to us within 30 days of purchase.
This Standard Returns policy applies to all unwanted item(s). To initiate a return, please follow our RMA process described below.
Cancellation Policy
If you are contracting with us as a consumer, you have the right to cancel your contract at any time up to 14 days after the day on which you receive your order. If you wish to cancel you must ensure that your order:
remains as received,
the package is unopened and not tampered with, and
in its original packaging.
To initiate a cancellation, please follow our RMA process described below.
Exchange Policy
If you wish to exchange an item, please follow our above outlined Standard Returns Policy.
Damaged on Arrival Policy
If something is wrong with an item you have purchased from us, you are entitled to a refund, repair, or replacement. Please note that an item to be considered as “Damaged on Arrival” must be:
broken or damaged or not of satisfactory quality,
unusable or not fit for purpose,
not what was advertised or does not match the description.
Please also note that an item can not be considered as “Damaged on Arrival” if:
it was damaged by wear and tear, an accident or misuse,
you knew about the fault before you bought the item,
you have changed your mind.
If your item was received as “Damaged on Arrival”, please follow our RMA process described below within 7 days after the day on which you receive your order.
Wrong Product Policy
In the unlikely event that one oral of the item(s) you received is not what you ordered, please follow our above outlined Standard Returns Policy.
Warranty
We warrant that the item(s) you have purchased from us will be free from defects in materials and workmanship for a period of two years from the date of delivery following the original purchase (Warranty Period).
If the item(s) fails to conform to this warranty we shall, at our sole discretion, either:
repair or replace any defective item(s)(or part thereof); or
accept the return of the item(s)and refund the money actually paid by the original purchaser for the item(s).
If the item(s)or a component incorporated within it is no longer available, we may replace the item(s)with a similar product of similar function at our sole discretion.
Any item that has either been repaired or replaced under this Warranty will be covered by the terms of this Warranty for the longer of sixty days from the date of delivery or the remaining Warranty Period.
This Warranty is non-transferable from the original purchaser to subsequent owners, and the Warranty Period will end at the time of transfer of any Product, where permitted by law.
RMA Process
Please follow the below steps:
Contact us via email at bessrestclothing@gmail.com clearly stating the following:
Your Order Number, Your Full Name, and Delivery Address
The reason for requesting an RMA
We will either accept and/or authorize (or provisionally authorize subject to inspection) or reject the return claim and assign an RMA number for further dealings.
Upon return approval, the return handling process will be coordinated by us.
Our Shipping Policy
Order Fulfillment
Most orders are processed within 2-3 business days. If the item you have ordered is out of stock we will contact you and let you know the lead time on your purchase normally 2-3 business days. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in the shipment of your order, we will contact you via email or telephone.
We do not ship on Saturday, Sunday, or Local/Public Holidays.
Shipping Times
We use USPS for most of our deliveries, however, in certain states we may also use UPS, FedEx, DHL, or other providers. You can expect your parcel within 3-8 business days. When we ship the order you will receive a confirmation email with a tracking number.
Shipping Rates
Shipping charges for your order will be calculated and displayed at checkout.
Destinations
Currently, we only ship to the United States forty-eight contiguous states and Washington, DC. However, we cannot ship to P.O. boxes, diplomatic locations, Alaska, Hawaii, Puerto Rico, American Samoa, Guam, Marshall Islands, US Virgin Islands, Northern Maiana Islands, and Armed Forces Bases.
International Shipping Policy
We do not currently ship internationally.
COVID-19 Shipping Updates
Certain products purchased during this time may be delayed due to business interruptions due to local regulations regarding the Coronavirus. We are doing our best to estimate any potential delays in shipments on our product pages. We appreciate your patience and understanding at this time.
Pre-Sale Purchases
If the item has a specified "sent" date beside it in brackets this means the item is a pre-sale purchase and you will receive that item in 3-8 business days from this "sent" date. Please note that if you purchase a pre-sale item and an in-stock item in the same order, both items will be sent out at the same time once all stock is available at our warehouse for dispatch.
Back Orders
In the unlikely event that any items in your order are unavailable for immediate shipment, the item(s) will be shipped immediately once back in stock with no additional shipping charges.
Order Confirmations
You'll receive an e-mail confirming receipt of your order to the e-mail address you provided. We reserve the right to decline any order. All orders are accepted subject to our Terms and Conditions.
Shipping Multiple Orders
Multiple orders placed on the same day cannot be combined and will ship separately.
Shipping to Multiple Locations
Unfortunately, we cannot split up an order and ship to multiple locations. If you wish to send items to different locations, please place a separate order for each shipping address.
Address Changes
We are unable to change or update a shipping address once an order has been placed. Please be sure to check your shipping details prior to submitting your order.
Delays
We will use all reasonable endeavors to ensure these above-mentioned times are met. However, we cannot guarantee or be held responsible for despatched parcels delayed by third parties, for example, due to poor weather conditions.
Orders Returned to Us
If your order is returned to us due to several failed delivery attempts, non-collection, or an insufficient/incorrect address, we cannot refund any shipping costs.
Lost or Damaged Parcels
We are not liable for any products damaged or lost during shipping. If a parcel is lost or damaged, please advise us as soon as possible so we can inform our courier of the missing parcel.
Risk of Loss
All items purchased are made pursuant to a shipment contract with our carriers. This means that the risk of loss and title for such items pass to you upon our delivery of your order to the carrier.
Our Privacy Policy
Here at bessrestclothing.com, the protection of your personal data is very important to us. We process your data primarily to provide a website that is functional and easy to use. We want to ensure that you can use our content and offers via these websites. In addition, we only process your data if and insofar as this is permitted by legal regulations. For further information, please refer to the following statements.
The responsible party in terms of data protection law is:
Bessrest Clothing
1099 E. Champlain Dr. Ste. A
1089 Fresno CA. 93720 USA
Phone: 559-978-3057
E-mail: bessrestclothing@gmail.com
(hereinafter "we")
The Legal Basis
Insofar as we obtain the consent of the data subject for processing operations involving personal data, consent serves as the legal basis for the processing of personal data. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, the performance of a contract serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. If the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, a legal obligation serves as the legal basis. If processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the first-mentioned interest, legitimate interest serves as the legal basis for the processing.
Processing of personal data during the use of our website
Every time you visit our website, our system automatically collects data and information from your device. This data is stored in the log files of our system. The aforementioned data is not stored together with other personal data. We collect the following data:
Information about the type of browser and the version used
Information about the language used on your browser
Country settings
Your operating system
Your IP address
Date and time of access
Websites from which your system accesses our website
Websites that are accessed by your system via our website
It is necessary for our system to process the above data in order to ensure the functionality and delivery of the website. The processing of this data also enables us to present our website to you in your preferred language. We also use this data to optimize our website and secure our information technology systems. The data will not be used for marketing purposes. The legal basis for the processing of this data and the log files is based on our legitimate interest in being able to provide you with a functional and user-friendly website.
The data will be processed and, in particular, stored for as long as is necessary to achieve the aforementioned purpose. Insofar as data is required to provide the website, the necessity ceases to apply when the respective session has ended. Your data will then be deleted automatically. In the case of storage of data in log files, this is usually the case after fourteen days at the latest. If the aforementioned data continues to be stored, your IP address will be deleted or alienated, so that it is no longer possible to assign and retrace the relevant internet connection. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website.
Insofar as we evaluate user behavior on our website beyond this and in a legally permissible manner without express consent, we use only anonymized data which do not allow any conclusions to be drawn about individual persons in order to improve the usability of the website and the user experience for our visitors.
Order process
In principle, you do not need a customer account to order in our shop. You have the option to check out directly.
This means that you only have to enter your details for purchases in an input mask provided for this purpose. The data will be transmitted to us and stored by us. The data will not be passed on to third parties. The following data will be collected during the registration process:
Personal data (name, address)
E-mail address
The following data is also stored at the time of registration:
Your IP address
Date and time of registration
Data collection in our online shop primarily serves the conclusion and fulfillment of your purchase, order, and delivery in connection with your order. In this respect, the provision of a contractual measure serves as the legal basis. If you decide not to provide us with the aforementioned data, we will not be in a position to conclude contracts with you via the online shop.
If you subscribe to our newsletter, we may also use your data to adapt the content of the newsletter to your interests. In this respect, your consent serves as the legal basis.
Your data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. We may be contractually or legally obliged to store data even after the contract (e.g. for tax purposes) is fulfilled. Which storage periods apply here must be determined individually for the respective contracts and contractual parties.
Personal data is encrypted during the ordering process and transmitted via the Internet to the website operator using "Secure Socket Layer (SSL)". The online shop is protected by technical and organizational measures against loss, destruction, access, modification, or distribution of personal data by unauthorized persons.
Newsletter
You can voluntarily register for our free newsletter. When registering, you enter your e-mail address in the input mask. As soon as your message is sent, your IP address and the date and time of the registration are also saved. The processing of your data within the scope of the Newsletter subscription takes place with your consent. In this sense, consent is the legal basis.
Our newsletters are provided with a pseudonym when they are sent, which allows us to track how many people have opened or clicked on our newsletter content. We use this information to customize our newsletters. If you prefer not to receive our newsletter anymore, you can unsubscribe at any time.
After subscribing, you will receive an email asking you to confirm your subscription. This confirmation is necessary so that no one can register with other people's e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the subscription process in accordance with legal requirements. This includes the storage of the registration and confirmation time and your IP address used. If the processing of the data is necessary to deliver the ordered newsletter, consent also serves as a legal basis.
You can cancel your subscription to the newsletter at any time or object to the sending of further newsletters. Each newsletter contains a corresponding link to the unsubscribe form. This also allows you to revoke your consent to the storage of your data. You can also send your revocation informally at any time to the contact details given above.
We delete your data as soon as it is no longer required to achieve the purpose for which it was collected. Your e-mail address will be stored as long as the subscription to the newsletter exists.
Contact form and e-mail
You can contact us via various contact forms on our website, by e-mail or by telephone. If you enter data in the form provided for this purpose in the contact form of the online shop, this data will be transmitted to us and processed by us. This involves the following data:
Your name
E-mail address
Message
If you enter data in the form provided for this purpose, this data will be transmitted to and processed by us. This involves the following data:
Subject/reason for contacting as well as the sales outlet concerned.
Name
E-mail address
Message
Once your message is sent, the following other data will also be stored:
Your IP address
Date and time of sending
The processing of other data during the sending process is intended to prevent misuse of the contact form and to ensure the security of our information technology systems. The legal basis in this respect is our legitimate interest. This data is deleted after a period of seven days at the latest.
Transfer of personal data to service providers
We work with service providers who process certain data on our behalf. This is done exclusively in accordance with the applicable data protection law. In particular, we have concluded agreements with our service providers - where required by law - on data processing on behalf, which meet the legal requirements and issue instructions to the service providers on how to handle the data. Through careful selection and regular monitoring, we ensure that our service providers take all organizational and technical measures necessary to protect your data.
Insofar as this is necessary for the delivery of the products you have ordered, we pass on your personal data to our service provider ShipStation who will commission a shipping company with the delivery. The shipping company uses your personal data exclusively to process the delivery. For easier tracking of your deliveries, other services of the shipping company (e.g. tracking functions) may be available to you and are based on our legitimate interest.
If personal data is transferred to recipients in third countries (outside the USA), appropriate safeguards are provided for the protection of your personal data in accordance with the legal requirements. We will be happy to provide you with further information on the appropriate safeguards provided upon request.
Payment services
If you conclude contracts with us via our shop, we integrate payment services from third-party providers, depending on which payment method you choose. As the payment is related to the contractual relationship with you, the legal basis for all payment methods is the provision of a contractual measure. We do not pass on any data to third parties in this context.
As far as we are involved in the data flow, we use the encryption procedure Secure Socket Layer (SSL procedure), a very high-security standard on the Internet, for all transmissions. As soon as you have entered your data during payment and clicked on the confirmation button, your details are sent in encrypted form. This means that they are not accessible externally.
Your data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case for the fulfillment of a contract or the implementation of pre-contractual measures when the data is no longer required for the implementation of the contract. We may be contractually or legally obliged to store data even after termination of the contract (e.g. for tax purposes). Which storage periods apply in this case must be determined individually for the respective contracts and contracting parties.
Collection, processing, and use of personal data for the purpose of advertising and market research
We use your personal data for advertising and market research purposes as follows:
When you open our e-mails, click on links contained therein or submit a web site form after clicking on a link, we record this and save this information.
If you recommend information from us by e-mail or to social networks using our recommend functions, we detect this and, if applicable, record the networks to which the information was recommended as well as the use by third parties. Personal data of third parties will never be stored without their consent.
If you call up images in e-mails or click on links, we determine the type of terminal device used.
If you access our web site via a link from a message from us, we integrate information about your web site visit.
If you call up images in e-mails or click on links, we determine the location from which the call-up is made by recording your IP address. Your IP address is not stored.
The legal basis for this is our legitimate interest in optimizing our advertising products and our online presence is our legitimate interest.
Your rights as a user
In the following, we summarise your rights according to the GDPR and California's Consumer Privacy Protection Act. As an individual whose personal data is processed as described in this Privacy Policy, you have a number of rights which are summarized below. Please note that exercising these rights is subject to certain requirements and conditions as set forth in applicable law.
Right of access
Subject to applicable law, you have the right to obtain confirmation from us as to whether or not personal data that concerns you is processed, and, if so, to request access to such personal data including, without limitation, the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipients. However, we do have to take into account the rights and freedoms of others, so this is not an absolute right. If you request more than one copy of the personal data undergoing processing, we may charge a reasonable fee based on administrative costs.
Right to rectification
You have the right to request from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you also have the right to request that incomplete personal data be completed, including by means of providing a supplementary statement.
Right to erasure (right to be forgotten)
You have the right to request from us the erasure of personal data concerning you in certain circumstances as defined under applicable law. When your request falls within one of those circumstances, we will erase your personal data without undue delay. If for technical and organizational reasons, we were not able to erase your personal data, we will ensure that it is fully and irreversibly anonymized so that we will no longer be holding such personal data about you.
Right to restriction of processing
In certain circumstances as defined under applicable law, you have the right to request the restriction of processing of your personal data. In such case, your personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
Right to data portability
In certain circumstances as defined under applicable law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format and you may have the right to transmit that data to another controller or to have such personal data transmitted directly from us to another controller, where technically feasible.
Right to object
In certain circumstances as defined under applicable law, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. This notably applies in the case of processing your personal data based on our legitimate interests or for statistical purposes.
Right to object to direct marketing
Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing for such direct marketing (including profiling related to such direct marketing).
Right not to be subject to a decision based solely on automated processing,
Subject to certain restrictions, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you similarly significantly affects you.
Right to withdraw consent
If you have declared your consent for any personal data processing activities as described in this Privacy Policy, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the withdrawal of the consent.
If you wish to access such personal data or exercise any of the rights listed above, you should apply in writing, providing evidence of your identity to us.
Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in case of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.
Shine the Light- In addition under California’s “Shine the Light” law, California residents who provide personal information (as defined in the statute) to obtain services are entitled to request and obtain from us, once per calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediate prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain the information about data we hold about you or to effect the opt-out, please contact us.
Do Not Track
Do Not Track is a privacy preference you can set in most browsers. We support Do Not Track because we believe that you should have genuine control over how your info gets used and our site responds to Do Not Track requests.
Do Not Sell My Personal Information
We do not sell information that directly identifies you, like your name, address, banking information, or phone records. In fact, we do not even share that type of information except with service providers who can use the information solely to provide a service on our behalf, when a consumer directs us to share the information. If applicable, you can choose whether you want this sharing or not. Remember, we don’t sell data that directly identifies you unless we have your explicit permission, no matter what choice you make. To make your choices, please contact us.
Accuracy
It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
Automated decision-making and profiling
We do not use automation for decision-making and profiling.
Children Data
Our website is not intended for children and we do not knowingly collect data relating to children. If you become aware that your child has provided us with Personal Data, without parental consent, please contact us and we take the necessary steps to remove that information from our server.
What are the categories of data subjects?
Customers, interested parties, visitors and users of the online offer, business partners. Visitors and users of the online offer. In the following, we refer to the data subjects collectively as "users".
What are the purposes for processing?
• Provision of the online offer, its contents and functions.
• Provision of contractual services, service and customer care.
• Answering contact inquiries and communication with users.
• Marketing, advertising and market research.
• Security measures.
Cookies
Like many other web sites, we also use so-called "cookies". Cookies are small text files that are transferred from a website server to your hard drive. This automatically provides us with certain data such as IP address, browser used, operating system about your computer and your connection to the Internet. Cookies cannot be used to run programs or deliver viruses to a computer. The information contained in cookies enables us to facilitate your navigation and to display our web sites correctly. Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent. For further information please review our Cookie Policy.
How do we protect your Personal Data?
We protect your data using state-of-the-art technology, and physical safeguards and operate a firm system of policies, confidentiality agreements, digital safeguards and procedures to ensure the highest level of administrative protection. The data we collect from you may be stored, with appropriate technical and organizational security measures applied to it, on our servers. In all cases, we follow generally high data protection standards and advanced security measures to protect the personal data submitted to us, both during transmission and once we receive it.
Integration Of Services And Contents Of Third Parties
We use within our online offer on the basis of our legitimate interests, content or services offered by third-party providers in order to integrate their content and services.
This always requires that the third-party providers of this content are aware of your IP address, since the content or service could not send to your browser without the IP address. The IP address is thus required for the display of this content and we endeavor to use providers that only use your IP address for the delivery of the content or services. However, Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of the visit, and other information about the use of our online offer, as well as be linked to such information from other sources. For further information, please visit our Cookie Policy.
Advertising
Advertisers and third parties also may collect information about your activity on our sites and applications, on devices associated with you, and on third-party sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties is used to decide which ads you see both on our sites and applications and on third-party sites and applications. You can opt out on the Digital Advertising Alliance (DAA) website if you wish not to receive targeted advertising. You may also be able to choose to control targeted advertising on other websites and platforms that you visit. In addition, you may also choose to control targeted advertising you receive within applications by using the settings and controls on your devices.
Social media plugins
We offer you the option of using so-called "social media buttons" on our web site. This means that these buttons are only integrated on the web site as a graphic that contains a link to the corresponding web site of the button provider. By clicking on the graphic, you are thus redirected to the services of the respective provider. Only then will your data be sent to the respective providers. If you do not click on the graphic, there is no exchange between you and the providers of the social media buttons. Information about the collection and use of your data in the social networks can be found in the respective terms of use of the corresponding providers.
Direct marketing
From time to time we may use the personal information we collect from you to identify particular services which we believe may be of interest to you. We may contact you to let you know about these products and services and how they may benefit you.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or relationship with us.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing form sent or made by us or on our behalf should include a means by which customers may unsubscribe (or opt-out) of receiving similar marketing in the future.
Hosting
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our relationship with them, please contact them as described in this privacy policy.
Content Delivery Network
For the purpose of a shorter loading time, we use a so-called Content Delivery Network ("CDN") for some offers. With this service, content, e.g. large media files, are delivered via regionally distributed servers of external CDN service providers. Therefore, access data is processed on the servers of the service providers. Our service providers work for us within the framework of order processing. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
Data Breaches and Notification
Databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Confirmation of Confidentiality
All company employees must maintain the confidentiality of Personal Data as well as company proprietary data to which they may have access and understand that that such Personal Data is to be restricted to only those with a business need to know. Employees with ongoing access to such data will sign acknowledgement reminders annually attesting to their understanding of this company requirement
Changes
This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.
Queries and Complaints
Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then please contact us.
We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
This privacy policy is valid as of July 2021
Terms & Conditions
This agreement applies between you, the User of this Web Site, and Bessrest Clothing, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Bessrest Clothing” means Bessrest Clothing of ;
“Service” means collectively any online facilities, tools, services or information that Bessrest Clothing makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Bessrest Clothing makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Bessrest Clothing and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.bessrestclothing.com).
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bessrest Clothing, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable the United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bessrest Clothing .
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Bessrest Clothing or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of their use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www. bessrestclothing.com without prior permission.
Basis Of Order And Acknowledgment
The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract). Minimum order quantities may apply at our discretion.
A Contract shall not be effective until we have issued written acknowledgment and acceptance of such Contract (notwithstanding any earlier confirmation of receipt). We may in our sole discretion decline any purchase or order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgment of the Contract then the latter shall take precedence.
item(s) Descriptions And Prices
We do our best to ensure that the information about item(s) is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the item(s), or that item(s) will always be available if you wish to place an Order to purchase them. Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors. We reserve the right to modify the information about item(s) displayed on our Site, including as regards prices, description, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
Purchases
To complete a purchase, you first have to place an Order for item(s). Then, this Order has to be accepted by us. To place an Order you will have to select the item(s) on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on item(s), prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
When your order is accepted by us, we send you an email confirming that all, or part, of the item(s), have been shipped ("Shipping Confirmation email"). Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the item(s) actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example, if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the item(s) you ordered, for example as regards the price or description displayed;the item(s) you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the item(s). If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the item(s) are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such item(s).
Delivery And Acceptance
Unless agreed otherwise by us in writing or expressly stated to you:
(a) we will arrange for our courier to transport the item(s)and at your risk and
cost, and delivery will take place when the item(s)is made available to the courier at our premises. Delivery dates are estimates only and subject to the courier`s terms and conditions. We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Product, nor will any delay entitle you to terminate or rescind the Contract.
If for any reason you do not take delivery of the Product, or courier is unable to deliver the Product, on the estimated delivery dates because you have not provided appropriate instructions or you have not paid in advance those delivery costs, then such item(s)will be deemed to have been delivered and risk shall pass to you. We may at our option store such item(s) until actual delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).You shall promptly notify the courier of any damage to, loss from or non-receipt of any Product. We shall not be liable for any such damage, loss or non-receipt.
We may, at our option, make partial shipments of the item(s)in which case each delivery shall constitute a separate contract. Failure by us to deliver any one or more of the shipments in accordance with these terms and conditions or any claim by you in respect of any one or more shipments shall not entitle you to terminate the whole Contract or refuse to accept subsequent shipments. You shall accept any early delivery.
You will be deemed to have accepted the item(s)as being in accordance with the Contract, we shall have no liability for any defect and/or failure and you shall be bound to pay the price unless: (a) within 7 days of the date of delivery of the Product, you notify us in writing of any defect apparent upon inspection of the item(s)to conform with the Contract; or (b) you notify us in writing of any failure of the item(s)to conform to the Contract within a reasonable time where the defect and/or failure would not be so apparent within 7 days of the date of delivery. To learn more about shipping, please read our Shipping Policy.
Payment Terms
Unless agreed otherwise by us in writing or expressly stated in the Accepted Order, payment for the item(s) and other charges is due when placing the order. We may issue a separate invoice for each Order or for each shipment (if more than one) under a Contract. You shall pay the amount stated in our Order Confirmation in immediately available funds, without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise. Time of payment is of the essence. We reserve the right to revise payment terms at any time and to request guarantees, security, stage payments or cash in advance for the item(s). To learn more about Payment, please read our Payment Policy.
Returns
If you need to return your order, please read our Return Policy.
Refund
If you wish to request a refund, please read our Refund Policy.
Passing Of Risk And Title
The risk in the item(s)shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the item(s)shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the item(s)to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the item(s)has been received by us; and (b) all other money payable by you to us on any other account or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the item(s)notwithstanding that legal, equitable and beneficial title to and property in the item(s)has not passed to you.
Warranty
We warrant that the item(s)furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for the failure of any item(s)to comply with the foregoing shall be limited to replacing or repairing that item(s)found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any item(s)which have been replaced.
We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the item(s)has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the item(s)has not been used in accordance with our instructions; (iii) normal wear and tear, willful or accidental damage; (iv) the price for the Product, or any other goods or services supplied by us or our affiliates, has not been received in full.
Minor deviations from specifications that do not affect the performance of the item(s)shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.
Exclusion And Limitation Of Liability
These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the item(s)supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
In no event shall we be liable for: (1) any loss of anticipated profits; (2) any loss of actual profits, (direct or indirect); (3) any loss of anticipated savings; (4) any loss of business or revenue; (5) any economic loss of whatever nature; (6) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (7) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (8) any loss resulting from use, application of or results obtained from any software incorporated into the product.
We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the item(s)giving rise to your claim.
To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.
The item(s) are not designed, manufactured or supplied for clinical use and are not approved for clinical or medical applications. You agree to indemnify and hold us harmless from and against any and all claims, actions, judgments, orders, awards, costs and/or expenses, on account of bodily injury including death and/or property damage sustained by you, or third parties which arise out of or in connection with the medical or clinical use of the Product.
We shall not be in breach of the Contract or otherwise liable to you for any delay or failure in shipment or delivery of the item(s)or any other delay or failure to perform our obligations under the Contract due to the CoVID-19 pandemic.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Damaged or Faulty Items
In the unlikely event that you have received a damaged item, please read our Return Policy.
Chargebacks
You agree to contact Bessrest Clothing prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Bessrest Clothing, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
Accuracy of Billing and Account Information.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Privacy
For the purposes of applicable data protection legislation, Bessrest Clothing will process any personal data you have provided to it in accordance Privacy Policy available on the Bessrest Clothing website or on request from Bessrest Clothing .
You agree that, if you have provided Bessrest Clothing with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Bessrest Clothing and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Bessrest Clothing ’s website or otherwise provided a copy of it to the third party. You agree to indemnify Bessrest Clothing in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
If you to learn more about how we process your data, please read our Privacy and Cookie Policy.
Disclaimers
Bessrest Clothing makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
Bessrest Clothing accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Bessrest Clothing accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. Nothing in these terms and conditions excludes or restricts Bessrest Clothing’s liability for death or personal injury resulting from any negligence or fraud on the part of Bessrest Clothing.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices/communications shall be given to us either by post to our Premises (see address above) or by email to bessrestclothing@gmail.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Bessrest Clothing shall be governed by and construed in accordance with the Law of California and Bessrest Clothing and you agree to submit to the exclusive jurisdiction of the Courts of Fresno.