General Terms and Conditions
§ 1 Acceptance of Terms and Conditions
Welcome to the BOGNER Online website (the "website"), a division of Bogner Direct US, LLC (hereinafter “BOGNER”). This website is provided as a service to our customers.
These terms and conditions of use ("Terms and Conditions") are entered into by and between you and BOGNER. The Terms and Conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the website, including any content, functionality, and services offered on or through the website, whether you are a guest or a registered user.
Please read the Terms and Conditions carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, please exit the website.
The website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using the website, you represent and warrant that you are of legal age to form a binding contract with BOGNER and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, please exit the website.
§ 2 Changes to Terms and Conditions
BOGNER reserves the right to update or modify the Terms and Conditions at any time without prior notice, in BOGNER’s sole discretion. All changes are effective immediately when BOGNER posts them and apply to all access to and use of the website thereafter. For this reason, we encourage you to review the Terms and Conditions whenever you visit and use the website so that you are aware of any changes, as they are binding on you. If you do not agree to the terms as changed, please exit the website. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes.
§ 3 Access to the Website; Account Security
You are responsible for making all arrangements necessary for you to have access to the website, and also for ensuring that all persons who access the website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. BOGNER has the right to disable any user name, password, or other identifier, whether chosen by you or provided by BOGNER, at any time in our sole discretion for any or no reason, including if, in our judgment, you have violated any provision of these Terms and Conditions.
BOGNER reserves the right, at any time, without notice, and in its sole discretion, to:
- modify, suspend or discontinue the website or any service, content, feature, or product offered through the website;
- restrict access to some or all parts of the website to users, including registered users;charge fees in connection with the use of the website;modify and/or waive any fees charged in connection with the website; 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, discontinuance, or unavailability of the website, or any service, content, feature, or product offered through the website.
§ 4 Use Restrictions
You may use the website only for lawful purposes and in accordance with 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.
You agree not to use the website:
- For any commercial purposes.
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
- To post or transmit any material that infringes the intellectual property right, personal rights, or propriety rights of any party.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate BOGNER, a BOGNER employee, another user, or any other person or entity.
- To engage in any conduct that, in our judgment, may harm BOGNER or users of the website, or expose them to liability.
- In any manner that could restrict, inhibit, disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website.
You also agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the website.
- Introduce any viruses, malware, or other material that is malicious or technologically harmful or could otherwise affect the operation of the website.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the website.
You may 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 the website. In addition, your computer may temporarily store copies of materials from the website in memory incidental to your accessing and viewing those materials, and may store files that are automatically cached by your web browser for display enhancement purposes. You may not modify, reproduce, duplicate, copy, download, store, transmit, distribute, sell, resell, publish, republish, license, visit, or otherwise exploit this website or its contents except as otherwise provided in these Terms and Conditions.
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.
§ 5 Intellectual Property
The website and its entire contents, features, and functionality – including but not limited to all information, software, text, displays, graphics, logos, icons, images, video and audio clips, digital downloads, data compilations (both individually and as they are compiled on the site), and the design, selection, and arrangement of website and its components – are the property of Willy BOGNER GmbH & Co. KGaA of Germany, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights 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, slogans, page headers, button icons, scripts, and 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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.
- 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
- 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: Linda Ashman
§ 6 Links to Other Sites
By visiting the BOGNER website, you may link to websites operated by our business partners or other third parties. Links are provided for your convenience only, and they do not signify that we endorse those websites or the content, products or services available on them. 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 BOGNER, and we have no control over, or responsibility for, their information or activities. In addition, our privacy practices may differ from those of such other sites.
§ 7 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 BOGNER’s efforts, errors may still occur, and prices are subject to change. BOGNER reserves the right to change any prices, to correct any errors, inaccuracies or omissions, to change or update information, or to 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 BOGNER’s 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.
§8 Orders, Shipments and Delivery
While it is BOGNER's practice to confirm orders by email, your receipt of an order confirmation does not constitute BOGNER's acceptance of your order or BOGNER's confirmation of an offer to sell a product or service. BOGNER reserves the right, at any time after receipt of your order, to accept or decline your order or any portion thereof for any reason, even after you have received an order confirmation and/or BOGNER has received payment for your order. If BOGNER declines your order after BOGNER has received payment for your order, BOGNER will issue a credit to the original form of payment. BOGNER also may require verification of information prior to the acceptance and/or shipment of any order.
When an order is placed, it will be shipped to an address designated by you, provided that the designated address is compliant with the shipping restrictions contained on this website. Risk of loss and title for items purchased from this website pass from BOGNER to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If a carrier is unable to deliver any ordered items to you after the carrier has notified you of an attempted delivery, or if the carrier is otherwise unable to deliver the ordered items to the address provided, the ordered items will be returned to BOGNER. If any such ordered items are returned to BOGNER, BOGNER will issue a credit to the original form of payment less all shipping and handling fees and all reasonable costs and expenses incurred by BOGNER in connection with the returned items.
§9 Warranty Disclaimers
To the fullest extent permitted or provided by law, BOGNER and all persons associated with it make no representations or warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to those of merchantability, fitness for a particular purpose, title, or non-infringement, with respect to this website, its contents, or the information available on or through it, all of which are provided "as is" and "as available" with all faults.
Neither BOGNER nor any persons associated with it make any representation or warranty with respect to the availability, accuracy, quality, completeness, reliability, or security of the website. Without limiting the foregoing, neither BOGNER nor any persons associated with it represents or warrants that the website is free of viruses or other harmful components, that the website functioning will be uninterrupted or free of errors, that any defects in the website will be corrected, or that the website or any products or services obtained through it will meet your needs or expectations.
To the fullest extent permitted or provided by law, BOGNER assumes no responsibility and will not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any computer, loss of data, or any other loss or damage of any person or entity using the website. BOGNER is not responsible for any problems or technical malfunctions 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 from using the website.
The foregoing does not affect any warranties that cannot be disclaimed, excluded, or limited under applicable law.
§10 Limitations on Liability
To the fullest extent permitted or provided by law, and except in cases of gross negligence or willful misconduct, BOGNER and its corporate affiliates, and the directors, officers, employees, agents, contractors, partners, successors, and assigns of each, will not be liable or responsible for any losses or damages whatsoever, under any legal theory, arising out of or related to the use of this website or any other website linked to it, or any content on the website or such other websites. This limitation of liability applies to direct, indirect, consequential, incidental, special, and punitive or other damages you or others may suffer, as well as damages for lost revenues or profits, loss of goodwill, business interruption, or loss of data or information, even if foreseeable.
The foregoing does not affect any liabilities or remedies that cannot be disclaimed, excluded, or limited under applicable law.
You agree to defend, indemnify, and hold BOGNER, its subsidiaries, and its affiliates, and its and their respective officers, directors, employees, agents, contractors, partners, successors, and assigns, harmless from any loss, damages, liability, claims, demands, costs, expenses, or fees (including reasonable attorneys’ fees) made, asserted, or demanded by any third party due to or arising out of your use of the website in violation of these Terms and Conditions, from any breach of the Terms and Conditions by you, and/or your use of any information obtained from the website. In the event BOGNER is forced to enforce its rights against you for violation of these Terms and Conditions, you agree to pay BOGNER's reasonable costs, including attorneys’ fees and costs of suit, in addition to any other remedies.
§12 Governing Law; Disputes
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 BOGNER or any of its affiliates relating to the website. 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.
§13 Waiver; Severability
No waiver by BOGNER of any rights under these Terms and Conditions constitutes a waiver of any other rights, including but not limited to the right to enforce any subsequent breach of these Terms and Conditions.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions shall remain in full force and effect.
§14 Entire Agreement
These Terms and Conditions constitute the sole and entire agreement between you and BOGNER regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Last modified: 1st August 2022