Use of the Site is void where prohibited. By using the Site, you represent and warrant that:
all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information; your use of the Site does not violate any applicable law or regulation; and you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this
4. USE OF SITE
- We authorize you and grant you a limited, personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license to access and view the Site only for your personal, non-commercial use. You may not download or modify the materials at this Site in any way or reproduce, duplicate, copy, publicly display, distribute, sell, exploit orotherwise use them for any public or commercial purpose, without the express written consent of the Company. You are granted a limited, revocable, and nonexclusive right to print a hard copy and/or create a hyperlink to any portion of the Site so long as the link does not portray „bodypoem“, or our products or services in a false, misleading, derogatory, or otherwise offensive manner, and as long as you do not describe our products or services as your own, unless you received our prior written confirmation to do so.The permission granted to you herein shall terminate if you breach any of the terms and conditions provided in this Term of Use. In respect with your use of the Site, you may not submit, post, distribute or transmit:
- any material that are illegal, slanderous, false or misleading;
- any material that may adversely affect the rights of „bodypoem“or any third parties;
- any computer virus of any type or form to the Site, or to „bodypoems" hardware or software which is accessible through the Site;
- any solicitation materials such as advertising and promotional material; in addition, you may not use any content contained in the Site in any manner that may give a false or misleading impression or statement as to „bodypoem“ or any third party referenced in the Site. Notwithstanding any of the above, „bodypoem“reserves the right, without notice and at its sole discretion, to terminate your license to use this Site, and to block or prevent your future access to and use of the Site.
- 5. INTELLECTUAL PROPERTY
All intellectual property associated with this Site, including its content, proprietary designs, trademarks, service marks, and trade names displayed on the Site (such as, but not limited to, design of jewelry and accessories, logos, graphics, scripts, page headers and button icons) (collectively, the “Marks”) are the sole property of „bodypoem“, or other respective owners who have granted „bodypoem“the right and license to use such Marks. The Marks displayed on the Site are subject to the trademark rights of „bodypoem“ and except as provided herein, you are not granted any license or right to use any Marks without the prior written approval of „bodypoem“.
6. WARRANTIES, LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED HEREUNDER “AS IS” AND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK WITHOUT A&T PROVIDING ANY REPRESANTATIONS, WARRANTIES, CONVENANTS OR CONDITIONS OF ANY KIND. A&T AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CUSTOMERS, AGENTS, SUCCESSORS AND ASSIGNS AND/OR ANYONE ACTING ON ITS BEHALF EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A&T SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. A&T DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE.
- Without derogating from the above, it is further agreed that you shall assume full responsibly for any damage caused to your network, software or computer system, including to the data contained therein, from your use of the Site or in connection with any materials provided therein.
6. PRODUCT AVAILABILITY AND MEASUREMENT
In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. On the Site, We provide the measurement of our products based on our manufacturing specifications, as well as a measurement table for rings sizes, available here. Slight tolerances may be accounted for based on finishing during the manufacturing.
If you’re interested in a piece of jewelry that is currently out of stock, call us and We can tell you when the item will be back in stock. Sometimes an item may go out of stock before We are able to post a notification on the Site. If this happens, We will contact you directly to discuss possible options.
To err is human. Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While We make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and We do not honor inaccurate or erroneous prices. In case of discrepancy between the price listed on the Site and the catalogue price in our store, it is hereby stated that the catalogue price which appears in our store will be the correct price. If a product’s listed price is lower than its catalogue price, as it is listed in our store, We will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. Our prices may change without notice. We apologize for any inconvenience that this may cause.
7. BILLING AND REFUND POLICY
In order to purchase our products online, you must provide us with a valid credit card or other payment mechanism (e.g., PayPal) to pay for such purchase. All information that you provide in connection with any purchase must be accurate, complete and current.
Pursuant to the completion of your purchase on the Site, you will receive a confirmation of your purchase by email. Your purchase will be delivered to you via international courier, and will arrive to your requested destination within 45 days from your receipt of a confirmation email.
We offer full refunds on all items within fourteen days of shipment, as long as they are unused and in their original purchase condition, including all product documentation.
If you wish to exchange an item or request a refund, please email us at the following address and We will be happy to guide you through the process: firstname.lastname@example.org
In case of such return of a product for the purpose of receiving a refund or exchange of a product, the shipping cost, insurance and taxes shall not be refunded.
The refund shall be made to the purchasing credit card or other payment mechanism (e.g., PayPal), used by you in consideration for the products. Upon return of the products, please allow 30 days for your account to be credited.
8. COMPARISON PURCHASING
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).
10. APPLICABLE LAWS
All matters relating to your use of, and access to, the Site shall be governed by and construed in accordance with the laws of Germany. The competent courts of Cologne, Germany, shall have sole jurisdiction over any conflict and/or dispute arising out of, or in connection with, your use of the Site.