Terms and Conditions
UPDATED: June 2020
Welcome to www.balmerwatches.com (the Website), the public, e-commerce Website for Balmer, (“Balmer,” “we,” or “us”). The Website is provided as a service to our customers and your use of this Website is governed by these “Terms and Conditions”.
By using this Website, you acknowledge and agree to these Terms and Conditions.
If you do not agree to these Terms and Conditions, you may not access or use the Website. We may change these Terms and Conditions at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.
1. Orders for products and services
The products and services we make available on this Website are for your personal, non-commercial use only. You may only order products and services if you are 18 years old or older. Unless otherwise indicated, all prices on the Website are in USD or EURO. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Balmer. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you purchase on this Website may be subject to additional Terms and Conditions presented to you at the time of such purchase. We reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities actually shipped.
2. Product information and pricing
While we attempt to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content on the Website. Any orders placed via the Website are not considered accepted until we have shipped the order. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate. We will charge your credit card at time of order. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.
We try to accurately display the colours of the products you see on the Website. However, we cannot guarantee that the colours you see on your monitor will be accurate.
4. Website content; license
Balmer and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“content”), as well as the look and feel and the design of the Website and the organization of the content on the Website, including but not limited to any copyrights, trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any content on the Website.
Subject to these Terms and Conditions, Balmer grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained thereon only for your personal, non-commercial use.
The trademarks, logos, service marks and trade names (individually, a “trademark” and collectively, the “trademarks”) displayed on the Website or on content available through the Website are registered and unregistered trademarks of Balmer and others and may not be used unless authorized by the trademark owner. All trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission or that of the third-party trademark owner. Your misuse of the trademarks displayed on the Website is strictly prohibited.
6. Prohibited customer activity
Unless expressly permitted in these Terms and Conditions or with Balmer’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the contents of this Website. Balmer will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Balmer’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
7. User information
8. User comments, feedback, and other submissions
9. Links to and from the Website
If you link from any other Website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website.
You may be able to link from the Website to third-party Websites and third-party Websites may link to the Website (“linked sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites, even if they are owned or run by affiliates of Balmer. Links to linked sites do not constitute an endorsement or sponsorship by Balmer of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. Balmer is not responsible for any content that originates from any linked site and that is embedded or otherwise transmitted through the Website.
You agree to defend, indemnify and hold Balmer, its affiliates, and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. Balmer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Balmer’s defense of such claim.
11. Disclaimer of warranties
The Website, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the Website or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet user’s requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. Balmer also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website. If you are dissatisfied with the Website, we do not intend to make further alterations.
Without limitation of the above in this section, Balmer disclaims all express or implied warranties or representations regarding any products or services ordered or provided via the Website, and hereby disclaims, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Website or in correspondence with Balmer or its agents. Any products and services ordered or provided via the Website are provided by Balmer “as is” provided that the foregoing disclaimer does not apply to the extent, if at all, of any product warranty offered by us or the applicable manufacturer of a product as contained in the package delivered to you, as specifically described on the Website or as otherwise specifically set forth in a license or sale agreement separately entered into in writing between you and Balmer or its licensor or supplier.
12. Limitation of liability
In no event, including but not limited to negligence, shall Balmer, any of its affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the products or services available on the Website, your provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms and Conditions or your use of the Website or any product ordered via the Website exceed, in the aggregate, the amount, if any, paid by you to Balmer for your use of the Website or purchase of products via the Website.
13. Applicable laws
This agreement is governed by the laws of Texas USA, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this agreement will be submitted to the personal and exclusive jurisdiction of the courts located in the Dallas jurisdiction.
14. Viruses, hacking and other offenses
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.
15. Shipping information – See “Pricing, Shipping and Returns” section.
16. Returns – See “Pricing, Shipping and Returns” section.
We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect.