Welcome to the Brimm Boutique website ("Brimm Boutique," "we," "us" or "our").
Please take some time to review these Terms and Conditions. Your use of this website and/or purchase of any products through this website constitute your agreement to the following Terms and Conditions. By accessing brimmboutique.com (the "Website"), you (the "User" or "you") represent and warrant that you have read, understood and agree (1) to be bound by the following Terms and Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Brimm Boutique reserves the right to update, change, modify or otherwise alter these Terms and Conditions at any time without prior notice. Such revisions shall be effective immediately upon notice thereof, and any such notice may be given through any means, including but not limited to posting of the revised terms on the Website. It is your responsibility to review this Agreement for revisions and modifications that may affect your rights or obligations hereunder. You agree that you shall be bound by any such modifications to those terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THE REVISED TERMS. If you do not want to be bound by these Terms, do not use the Brimm Boutique website.
These Terms are effective unless and until terminated by Brimm Boutique. Brimm Boutique may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Brimm Boutique 's website and the restrictions imposed on you with respect to the Content (as defined herein) and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Brimm Boutique shall also have the right without notice and at any time to terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use the Website or any portion thereof.
PROMOTIONAL FREE SHIPPING TERMS AND CONDITIONS
- *online only. Offer cannot be applied to previous purchases or the purchase of gift cards and cannot be redeemed for cash or used in combination with any other offers. Limit one promo code per order. Terms of offer are subject to change. Shipping promotions do not apply to Alaska, Hawaii, International Orders, or U.S. Territories outside the contiguous United States. Additional shipping rates may apply if expedited or processing required, such as special orders fulfilled from retail store locations.
Access and Use of Website
- You cannot access or use the Brimm Boutique website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content;
- You must not modify, adapt or hack into the Website or modify another website so as to falsely imply that it is associated with the Website.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any laws in your jurisdiction (including but not limited to trademark and copyright laws).
Ownership, Proprietary Information, and Intellectual Property
Contents All text, images, photographs, logos, illustrations, descriptions, data and any other materials provided on the Website are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Brimm Boutique reserves the right to change, delete, update or otherwise alter the Content at anytime without providing further notice. The Content is provided for informational purposes only and is not binding on Brimm Boutique in any way except to the extent that it is specifically indicated to be so.
Intellectual Property Except for Content linked to or from an external source, all other Content that appears as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively ("Intellectual Property") are the property of Brimm Boutique.
The website as a whole and all Content and Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given express written permission to use by Brimm Boutique, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, transfer, or sell any Intellectual Property, information, software or products obtained from or through this Website, in whole or in part. Any use of the Content, except as specifically provided in this Agreement, is strictly prohibited.
Linked Content Third party content that is linked to or from the Website belongs to such third parties or users, as applicable. Such linked use does not constitute sponsorship, endorsement or approval by Brimm Boutique of such linked content. Linked sites are operated, controlled or maintained by their respective owners and Brimm Boutique is not responsible for the content, security, policy, practices or availability of such linked sites. Links to other sites are provided for your convenience only. Accessing of such linked sites is at your own risk.
Prices All prices displayed on the Website are quoted in U.S. dollars. Brimm Boutique reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Brimm Boutique as necessary. Brimm Boutique reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products displayed on the Website are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by Brimm Boutique. The receipt by you of an order confirmation does not constitute Brimm Boutique's acceptance of an order. Prior to Brimm Boutique's acceptance of an order, verification of information may be required. Brimm Boutique reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Brimm Boutique, for any reason. Brimm Boutique reserves the right to limit the number of items ordered and to refuse service to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Brimm Boutique shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Brimm Boutique shall promptly credit the credit card account in the amount of the incorrect price.
Limited License; Personal, Business, and Non-Commercial Use Limitation You are hereby granted a non-exclusive license to view the Content on the Website, but only while accessing the Website. Except to the extent required for the limited purpose of reviewing material on the Website, electronic republication, adaptation, distribution, performance or display is prohibited. Commercial use by you of any of the Content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites is also strictly prohibited.
You agree that you are only authorized to visit, view and retain a copy of pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the Website for any purpose, unless specifically authorized by Brimm Boutique.
Unauthorized Use of the Website You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.
You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Third Party Services From time to time, Brimm Boutique may use services provided by persons or entities other than us ("Third Party" or "Third Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third Party site, you do so at your own risk. Any link or hyperlink from our website to a Third Party website does not imply sponsorship, affiliation or endorsement of the content on that Third Party website or the operator or operations of that site. Any concerns regarding the content and/or availability of hyperlinks, which are not controlled by Bohme, should be directed to the Third Party that controls the content of the hyperlink. You are solely responsible for determining the extent to which you use any content at any Third Party websites to which you might link from our website, or which may download or connect with through our Website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
Linking Sources to Our Website If Brimm Boutique authorizes you to deep-link your website or a service offered by your website to brimmboutique.com, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Brimm Boutique has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to Brimm Boutique and its technology, including all ownership rights, remain the exclusive property of Brimm Boutique; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Brimm Boutique may terminate your access at any time in its sole discretion.
Brimm Boutique reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
i. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech;
ii. References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations ;
iii. Messages commenting on other users;
iv. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
v. Content that is advertising or commercial in nature, or is inappropriate based on the applicable subject matter;
vi. Language that violates the standards of good taste or the standards of this Website, as determined by Brimm Boutique in its sole discretion;
vii. Content determined by Brimm Boutique to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
viii. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
ix. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Reporting If you see objectionable content or have any questions about this Agreement, please contact us.
Offline Conduct Although Brimm Boutique cannot monitor the conduct of its users of the Website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Violation of the Terms You agree that monetary damages may not provide a sufficient remedy to Brimm Boutique for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMER AND LIMITATIONS
a. Disclaimer. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL BRIMM BOUTIQUE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, BOHME'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
C. ALL PRODUCTS SOLD BY BRIMM BOUTIQUE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, BRIMM BOUTIQUE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS EXPRESSLY STATED HEREIN. BRIMM BOUTIQUE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Indemnity You agree to indemnify, defend and hold harmless Brimm Boutique, its agents, distributors and affiliates, and their officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Website. Brimm Boutique reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Brimm Boutique in asserting any available defenses.
Changes to this Agreement Brimm Boutique reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the Website.
Modification/Termination of Website In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Brimm Boutique shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Utah, including Utah rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of Utah. You hereby consent to the exclusive jurisdiction and venue of courts in Utah, USA, in all disputes arising out of or relating to this Website. Access to our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or use of the Website. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements. All rights not expressly granted herein are hereby reserved. This Agreement is the entire and final agreement regarding access to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.