BON AMIGA HOLD HARMLESS AGREEMENT
Last Updated: September 09, 2025
AGREEMENT TO HOLD HARMLESS
By using the Bon Amiga website, making purchases, or engaging with our services, you (“Customer” or “User”) agree to the following hold harmless provisions:
GENERAL HOLD HARMLESS CLAUSE
Customer agrees to defend, indemnify, and hold harmless Bon Amiga, its owners, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Customer’s use of our website or services
- Customer’s violation of any terms, conditions, or policies
- Customer’s violation of any third party’s rights
- Any false or misleading information provided by Customer
- Customer’s negligent or wrongful conduct
PRODUCT-SPECIFIC HOLD HARMLESS
Jewelry and Accessories
Customer acknowledges and agrees that:
- Allergic Reactions: Bon Amiga is not liable for any allergic reactions, skin irritation, or sensitivities caused by jewelry or accessories
- Product Variations: Natural variations in materials, colors, and sizing are expected and not grounds for claims
- Wear and Tear: Normal wear, breakage from misuse, or damage from improper care is Customer’s responsibility
- Fit and Sizing: Customer is responsible for ensuring proper fit; size variations do not constitute defects
Website and Technology
Customer holds Bon Amiga harmless from:
- Website downtime, technical errors, or data loss
- Security breaches beyond our reasonable control
- Third-party payment processor issues
- Compatibility issues with Customer’s devices or browsers
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Exclusion of Damages
Bon Amiga shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Lost profits or revenue
- Loss of data or business interruption
- Personal injury or property damage
- Emotional distress or mental anguish
- Cost of substitute goods or services
Liability Cap
Our total liability for any claim shall not exceed the amount paid by Customer for the specific product or service giving rise to the claim, or $100, whichever is less.
SPECIFIC SITUATIONS
Returns and Exchanges
Customer agrees to hold Bon Amiga harmless from:
- Shipping damage during returns (unless we provide prepaid return label)
- Loss of returned items in transit
- Restocking fees as outlined in our return policy
- Items damaged or worn during Customer’s possession
Customer Communications
Customer holds us harmless from:
- Delays in response time as outlined in our contact policy
- Misunderstandings due to incomplete information provided by Customer
- Technical issues with our contact forms or chat systems
Third-Party Services
Customer acknowledges that we use third-party services (payment processors, shipping companies, etc.) and holds Bon Amiga harmless from:
- Payment processing errors or delays
- Shipping delays, damage, or loss
- Third-party service outages or failures
ASSUMPTION OF RISK
Customer acknowledges and assumes all risks associated with:
- Online shopping and electronic transactions
- Providing personal information over the internet
- Product variations inherent in handmade or natural items
- Proper care and use of jewelry and accessories
FORCE MAJEURE
Bon Amiga is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, pandemics, or government actions
- Labor disputes or supply chain disruptions
- Technical failures or internet outages
- Supplier or manufacturer issues
DISPUTE RESOLUTION
Governing Law
This agreement is governed by the laws of Florida, without regard to conflict of law principles.
Jurisdiction
Any disputes shall be resolved in the courts of the state of Florida, and Customer consents to personal jurisdiction in such courts.
Mandatory Arbitration
Customer agrees that any dispute shall be resolved through binding arbitration rather than court litigation, except for:
- Claims under $500
- Claims for injunctive relief
- Claims related to intellectual property
SEVERABILITY
If any provision of this hold harmless agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGMENT
Customer Acknowledgment
By using our website or services, Customer acknowledges that they have:
- Read and understood this hold harmless agreement
- Voluntarily agreed to these terms
- Had opportunity to seek legal counsel if desired
- Agreed to assume risks associated with online purchases
Binding Agreement
This hold harmless agreement is binding upon Customer’s heirs, executors, administrators, and assigns.
UPDATES TO AGREEMENT
Bon Amiga reserves the right to update this hold harmless agreement at any time. Material changes will be posted with an updated “Last Updated” date. Continued use of our services after changes constitutes acceptance of the updated terms.
CONTACT INFORMATION
Questions about this hold harmless agreement should be directed to us using our contact form with the subject line “Legal Inquiry.”
IMPORTANT NOTICE: This hold harmless agreement is an essential part of your relationship with Bon Amiga. By proceeding with any purchase or use of our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
CUSTOMER ACKNOWLEDGMENT: By accessing Bon Amiga’s websites and all platforms, I agree that I have read, understood, and agree to the Bon Amiga Hold Harmless Agreement