Terms and Conditions
BRANDMARK ApS
Skrænten 34
6200 Aabenraa
Denmark
Overview
This website is operated by BRANDMARK ApS (hereinafter "BRANDMARK "). Throughout the site, the terms “we”, “us” and “our” refer to BRANDMARK. BRANDMARK offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website or store or the BRANDMARK Lounge shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - Online Store Terms
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - Conclusion of Contract
Our offers on the Internet represent a non-binding invitation to the customer to order goods. By submitting the order on our website, the customer makes a binding offer to conclude a contract.
The confirmation of receipt of the order follows immediately after sending the order and does not yet represent acceptance of the contract. We can accept your order by sending an acceptance confirmation by email within 2 working days.
SECTION 6 - Payment and Default
The prices listed on our website at the time of the order apply. All prices include the statutory value-added tax as well as the respective shipping costs listed.
Payment of the purchase price is possible via payment through Shopify Payments, credit card, Apple & Google Pay, Klarna, Sofort, or via the PayPal service.
If the customer defaults in payment, we are entitled to demand default interest at the rate of 5 percentage points above the base interest rate of the European Central Bank. In the event that we assert a higher damage caused by delay, the buyer has the opportunity to prove that the asserted damage caused by delay did not occur at all or at least significantly lower.
SECTION 7 - Reservation of Title
We retain ownership of the delivered goods until full payment of the purchase price.
SECTION 8 - Products or Services
Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to our return policy.
We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, but we have the right to decide this on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All descriptions of products or product prices can be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void where prohibited by law.
We do not guarantee that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 9 - 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 of a change or cancellation of an order, we will attempt to notify you using the email address and/or billing address/phone number provided at the time of the order. 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.
For more details, please refer to our Return Policy.
SECTION 10 - Delivery
Delivery takes place within 3-5 days for standard delivery within Germany or Austria. Information on delivery time for express delivery, delivery to other countries, and the calculation of the delivery period can be found here Shipping Information. We point out any differing delivery times on the respective product page. The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address in the context of the order.
If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier has not met its contractual obligations, the customer will be immediately informed that the ordered goods are not available. Any consideration provided by the contractual partner will be promptly refunded. The legal claims of the customer remain unaffected.
In transactions with entrepreneurs, the risk of deterioration or loss of the goods passes to the buyer upon handover of the delivery item to the transport company. If the handover or shipment is delayed for reasons attributable to the buyer, the risk passes to the buyer on the day of notification of readiness for shipment of the delivery item.
SECTION 11 - Default of Acceptance
If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims remain reserved.
The purchase price is to bear interest during the delay. The default interest rate per annum is five percentage points above the base interest rate. In legal transactions between entrepreneurs, the interest rate is eight percentage points above the base rate.
The customer, for his part, is reserved the right to prove that damage in the demanded amount has not occurred or at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer at the point in time at which he falls into acceptance or debtor default.
SECTION 12 - Warranty
In the event of a defect, the customer has the choice of whether the supplementary performance should be carried out by repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen by the buyer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.
If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can choose to demand a reduction in the purchase price (reduction) or to declare withdrawal from the contract. Any customer claims for damages remain unaffected.
SECTION 13 - Right of Withdrawal
Cancellation Instruction & Withdrawal Form
Consumers have the following right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity:
Cancellation Instruction
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us (BRANDMARK ApS, Schiessstraße 55, 40549 Düsseldorf, Germany, TEL: +49 (0) 211 506 597 0 FAX: +49 (0) 211 506 597 07 E-Mail: info@glockwatches.eu) by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in no event will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate to us your withdrawal from this contract. The deadline is met if you send back the goods before the expiration of the fourteen-day period. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of Cancellation Instruction
General Instructions for Return
- Please avoid damaging and contaminating the goods. Return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection against transport damage.
- Please do not return the goods to us freight collect. We will also reimburse you for the return shipping costs if they are not to be borne by you.
Please note that the aforementioned numbers 1-2 are not prerequisites for the effective exercise of the right of withdrawal.
Withdrawal Form
Withdrawal Form Template
If you want to withdraw from the contract, please fill out this form and send it back to:
BRANDMARK ApS
Schiessstraße 55
40549 Düsseldorf
Germany
TEL: +49 211- 520 659 98
FAX: +49 211- 520 679 40
Email: info@glockwatches.com
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods / the provision of the following service: ........................................................................
.............................................................................
(Name of the goods, if applicable order number and price)
Goods ordered on: .............................
Date Goods received on: .............................
Date Name and address of the consumer
......................
......................
......................
......................
Date
...............................
Signature of the customer (only for written withdrawal)
SECTION 14 - Optional Tools
We may provide you with access to third-party tools over 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 optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 15 - Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 18 - Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 - Disclaimer of warranties; Limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall BRANDMARK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - Indemnification
You agree to indemnify, defend and hold harmless BRANDMARK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - 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 23 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24 - 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 - Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - Governing Law
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not lead to the consumer being deprived of mandatory consumer protection provisions.
(2) If the contracting parties are merchants, the court at our seat in Aabenraa/Denmark shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union.
SECTION 27 - Final Provision
Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
SECTION 28 - Complaint Procedure
Online dispute resolution according to Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
SECTION 29 - Contact Information
Questions about the Terms of Service should be sent to us at hello@brandmark.world