TERMS AND CONDITIONS

Welcome to the Bogner Online website (the "website") a division of Bogner Direct LLC, United States (hereinafter “Bogner” or “we”). This website is provided as a service to our customers. Please review the following terms and conditions of use ("Terms and Conditions"), which govern your use of the website. Your use of the website constitutes your agreement to follow and be bound by the Terms and Conditions. Bogner reserves the right to update or modify the Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Terms and Conditions whenever you visit and use the website. If you do not agree to these terms, please exit the website.


Warranty Disclaimers and Limitations on Liability

We make no representations or warranties of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement, with respect to this website, its content, or the information available on or through it; they are provided "as is" and "as available" with all faults.

Bogner does not warrant that the website is free of viruses or other harmful components, or that the site functioning will be uninterrupted or free of errors. Bogner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any computer of any person or entity using the website. Bogner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems on the internet or on the website or combination thereof, including any injury or damage to any person’s computer related to or resulting using the website. Under no circumstances shall Bogner be responsible for any loss or damage, including personal injury or death, resulting from use of the website. Title to goods and merchandise is retained by Bogner until goods and merchandise are paid for by the purchaser and at that time title passes to the purchaser. Except as otherwise provided under applicable laws, Bogner and its corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Indemnification

You agree to indemnify and hold Bogner, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website in violation of these Terms and Conditions and/or from any breach of the Terms and Conditions by you. In the event Bogner is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Bogner's reasonable costs, including attorneys’ fees and costs of suit.

 

Copyright, Trademarks

All components of this website are the property of Willy Bogner GmbH & Co. KGaA of Germany or its license partners and are protected by United States and international copyright laws:
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations (both individually and as they are compiled on the site).

All software used on this site is the property of Bogner or its software suppliers and is protected by United States and international copyright laws.

The trademarks or trade dress of Bogner may not be used without our written permission. Trademarks or trade dress include the Bogner name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Bogner products, services, and programs, and those of our affiliates.

All other trademarks not owned by Bogner that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bogner.

Bogner respects the intellectual property rights of others. It is our policy not to permit materials known by Bogner to infringe another party’s copyright to remain on the website. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, or that the website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Bogner by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bogner to locate the material;
  4. Information reasonably sufficient to permit Bogner to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent: Constantin Brandstetter


Use Restrictions

You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping through our website. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.

You may not modify reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose. You also agree that in using this website, you will not impersonate any person or entity.


Links to other Sites

By visiting our website, you may link to websites operated by our business partners or other third parties. This does not mean that we endorse these website or the content, products or services available on the websites. We do not make any representations or warranties about any third party website or the content, products or services on any website that you may access through this website. They are independent from us, and we have no control over, or responsibility for, their information or activities. In addition, our privacy practices may differ from those of these other sites.


Applicable Law

By visiting this website, you agree that the laws of the State of Vermont, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or any of our affiliates. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.


Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the Bogner website

  1. any computer virus or other malware that could in any way affect the operation of the website
  2. any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material
  3. any material that infringes the intellectual property right, personal or propriety rights of any party
  4. any other material that could give rise to any civil or criminal liability under the law
  5. anything in contravention of these Terms and Conditions. Bogner reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this website. However, Bogner has no obligation to take any of these actions.

 

Disputes, Governing Law

Any dispute relating in any way to your visit to our website, Bogner's Terms and Conditions, Bogner's Privacy Policy, or to products purchased here shall be submitted to confidential arbitration in Vermont. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal district court in the state of Vermont. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.


Waiver

No waiver by Bogner of any rights under these Terms and Conditions constitutes a waiver of any other right, or right to enforce any subsequent breach of these Terms and Conditions.


Product, Pricing and Other Descriptions

Bogner attempts to be as accurate as possible in describing products, displaying colors, providing pricing, offering promotions, and describing availability. Despite our efforts, errors may still occur, and prices are subject to change. Bogner reserves the right to change any prices, correct any errors, inaccuracies or omissions, and to change or update information or cancel orders on the website at any time without prior notice (including after you have submitted your order). Bogner does not warrant that product descriptions, colors, pricing, promotions, offers or availability are accurate, complete, reliable, and current or error free. If a product offered by Bogner is not as described, promoted, offered or priced your sole remedy is to return it as described in our Return Policy. Online promotions and prices are not valid in stores. These offers cannot be applied to previous purchases and cannot be combined with any other discount offer.


Right to Change Website

Bogner reserves the right, at any time in its sole discretion to

  1. modify, suspend or discontinue the website or any service, content, feature or product offered through the website, with or without notice
  2. charge fees in connection with the use of the website
  3. modify and/or waive any fees charged in connection with the website
  4. and/or offer opportunities to some or all users of the website.

You agree that Bogner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website, or any service, content, feature or product offered through the websites.


Personal Information Submitted Through the Website

Your submission of personal information through the website is governed by our Privacy Policy. The Terms and Conditions incorporates by reference the terms and conditions of the Privacy Policy.