Terms & Conditions Brappz

Every order made on the website www.brappz.com is subject to the Terms & Conditions (hereinafter T&C) stated therein. BMS Group Sàrl/ Brappz Inc. reserves the right to revise the T&C. The date of the applicable T&C is stated below. Users are responsible for reading and accepting T&C at time of purchase or when sending user generated-content.

 

  1. PRICING POLICY

Prices are shown in Swiss Francs and are inclusive of Swiss VAT (TTC) for Swiss orders. Indicative EUR, USD and GBP are reflected for reference only.  The full amount will be charged in CHF on the date the order is made. Shipping costs will be added to the order, if outside of Europe or the Unites States, as indicated on the online store. For shipping costs, please refer to our shipping costs indications on the site. Prices do not include potential applicable taxes (import & customs duties, VAT outside Switzerland) that will be directly charged to you.

 

  1. PRODUCT DESCRIPTION

Products sold on the website www.brappz.com are described and presented as accurately as possible. Nevertheless, should an error occur, we may not be held responsible in any way.  Photographs illustrating items sold are provided for information purposes only. 

We cannot guarantee that colors in the website are fully equivalent to the items’ actual colors. This will depend on the color settings of your computer, mobile device and monitor.

Contents: 100% silicone strappz, stainless steel hookz  and stainless steel or zamac Snappz.

 

  1. PRODUCT AVAILABILITY

Products available for sale are presented on our website www.brappz.com. However, should an inventory difference prevent the delivery of one or more item(s), we will notify you by email as soon as possible and refund your payment to the payment method used when placing your order.

Items that are subject to a later availability date are presented as such on our website. Availability delay of these items are considered to be accepted upon order.

 

  1. ORDER

An offer to purchase is formed when you place your order on the website  www.brappz.com . Acceptance of your order and of the contract between you and BMS Group Sàrl/ Brappz Inc. will be completed when we send you a confirmation email.

We reserve the right not to accept all or part of any offer to purchase at our sole discretion, in particular when ordered items, or part of them, are no longer available, when we are unable to obtain authorization for payment or in case of non-payment.

 

  1. PAYMENT

Payment can be made via PayPal, VISA and MASTERCARD credit cards via SAFERPAY, as well as, SOFORT payment services.

PayPal saves your card and bank details, enabling you to pay online without entering your sensitive financial information every time you shop. You speed through checkout in just a few clicks, PayPal takes the payment from your card or PayPal-balance directly, and your payment details are never shared with the merchant (www.paypal.com/webapps/mpp/paypal-popup)

 

SIX / SAFERPAY Processes all credit card data securely in accordance with PCI DSS (Payment Card Industry Data Security Standard). 3-D Secure Saferpay supports 3-D Secure technology at Visa, Mastercard and Maestro for secure credit card payment on the Internet. Visa operates this service under the brand name “Verified by Visa” and Mastercard under the label “Mastercard SecureCode”. Card verification number CVV2/CVC2 The Card Verification Value from Visa (CVV2) and the Card Verification Code from Mastercard (CVC2) are encrypted verification numbers to protect against the misuse of credit cards on the Internet. 

 

TWINT/ SAFERPAY  is Switzerland's most popular digital wallet. It is an easy and up-to-date payment in seconds while using your smartphone.

During the checkout process of an online order, you can also select TWINT as payment method on the payment page. Both a QR code and a 5-digit numeric code appear on the payment page. You need to scan the QR code with your TWINT app or type in the numeric code you receive. Typically you will use the numeric code when surfing the Internet with your smartphone. You can then verify the payment with the TWINT followed by a payment confirmation in the TWINT app.

 

SOFORT Überweisung is an online direct payment method and works on the basis of tried-and-tested online banking. The big advantage is: You don't need to register or open a virtual account, known as a wallet. It is an immediate and direct transfer of funds. Customers who select SOFORT Überweisung as their preferred method of payment for an online purchase will be directed straight to the secure sofort.com payment form. All transfer data is carried over automatically so that you only need to enter your bank's sort code along with your usual online banking login details and finally the confirmation code in order to authorize the transfer. All information delivered to your bank in an encrypted form. The online merchant receives confirmation of the transfer order in real time and can dispatch the goods promptly. This means there's no waiting time before the goods are sent, as is the case with payments in advance (by means of a bank transfer) for example.

Payment must be made in full at the time the order is placed. However, the order amount, will only be debited upon acceptance of your order by BMS Group Sàrl/ Brappz Inc. You will then receive a confirmation via email.  

 

  1. DELIVERY

We deliver worldwide. Due to courier restrictions and the risk of credit card fraud we cannot deliver to PO Boxes.

All orders are fulfilled within 5 business days (subject to card clearance and stock availability). We operate Monday through Friday with the exception of Swiss public holidays and US public holidays (for U.S. orders only). Once your package is dispatched, we will send you an email with final confirmation and invoice. Shipping is complimentary for deliveries in Europe and the United States. Shipping costs remain at your expense for all deliveries outside of the mentioned areas, unless a special offer is stipulated on the site. Shipping costs are then stated upon final confirmation of your order. 

European and all international orders are delivered via the Swiss/EU Priority Post.  U.S. orders are sent either via Swiss Post or with US Postal Priority Mail service. You are solely liable for ensuring that the delivery address supplied for the order is accurate and complete. We may not be held liable in the event of an incorrect or incomplete address. 

If you wish to send products to more than one address, please place one order for each address. You will be charged for each shipment separately.

  1. UNCOLLECTED ITEMS

Shipping costs will not be refunded for uncollected items.

  1. FORCE MAJEUR

Delivery time may be extended, by the appropriate period, if a force majeure event prevents delivery, in particular in the following cases: strikes, wars, natural disasters, shortages in the raw materials used to produce the jewelry, exploiting impediment and transport problems. We may not be held liable for these events nor for their impact on the delivery times for these parcels. Force majeure events may not be used as a ground for terminating the sale contract. 

  1. RETURN POLICY

Should any item not suit you, you can return it to us within 7 (seven) days from the day you received your order. Return is at your own risk. Refund is made in the form of a credit to the payment method used when placing your order.

If you return your products within Switzerland and in a timeframe of 7 days following delivery date (Swiss Post proof of delivery shall be used as evidence), we will refund return shipping costs up to CHF 5.00 provided you have followed our return procedure. Refund of return costs will then be made in the form of a credit to the payment method used when placing your order.

All returns outside of Switzerland, return shipping costs will be reimbursed up to the equivalent CHF 5.00 to your payment method.

We want to make sure that you’re completely satisfied with your purchase. In the event that, despite all our care in manufacturing and controlling the quality of our products, you noticed any defect recognized as such, please take a photo and contact us via email within 7 (seven) days of receipt.

Promotions or sales cannot be returned nor refunded. 

     10. RETURN PROCEDURE & REFUNDS

You can return your order within 7 days upon delivery to

Europe : BMS Group Sarl, Route de Lausanne 132 B, CH 1197 Prangins, Switzerland.

USA: Brappz Inc. Attn.Nitza Petrides, 707 Rio Grande Court, Mission TEXAS 78572, USA

The order must be returned to us in perfect condition accompanied by the original invoice and package. Returns will only be accepted if labels and original packaging are fully intact unless it is related to a product defect.  BMS Group Sàrl/ Brappz Inc. does not accept returns where labels have been removed. Shipping charges on returned merchandise are only covered at the equivalent of max CHF 5.00. BMS Group Sàrl/ Brappz Inc. will not charge additional shipping on exchanges. We recommend you retain proof of sending and postal reference number to comply with the 7 days return policy

11.WEBSITE USE

By using and/or registering to our website www.brappz.com , you agree to the present T&C and guarantee to comply with the following: 

  • Provide truthful and updated information for the data requested in the login and order forms; all purchases are made in a personal capacity only and as an individual (sales may not be concluded with legal entities); 
  • Not enter, store or propagate on or from the website any inappropriate information or material that is defamatory, insulting, obscene, or likely to incite violence for discrimination against BMS Group Sàrl/ Brappz Inc. nor third parties.
  • Not enter, save or propagate any program, data, virus or any other electronic or physical equipment that is likely to cause damage to our website.
  • Not engage in advertising activities or any form of commercial exploitation of our website.
  • Not use false identities or supplant identity of others including passwords or access codes belonging to third parties.

       13.WAIVER

BMS Group Sàrl/ Brappz Inc. reserves the right at any time to change the content of the site. Though BMS Group Sàrl/ Brappz Inc. ensures correct texts, images and pricing in the site and online shop, errors can occur. If you have been charged the wrong amount when shopping from the online shop, we will give you the option of placing a new order with the correct price or cancelling your order. If we are unable to get in touch with you, your order will be automatically cancelled.

Use of Information

You agree that, BMS Group Sàrl/ Brappz Inc. is free to use your comments, reviews, photos, videos or ideas you send to BMS Group Sàrl/ Brappz Inc. or submit to the site without notice, compensation or acknowledgement to you for any purpose, including developing, manufacturing and marketing products, services and modifying the site, products or services. Any communication you transmit to the site will be treated as, non-confidential and non-proprietary.Therefore it can be used by BMS Group Sàrl/ Brappz Inc. for any purpose, whatsoever including advertising; promotion; entertainment; commercial purposes; and developing, manufacturing, social media content and marketing of products. Accordingly, we may use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, all without any payment to or further authorization by you.

User Submissions/ Participation Disclaimer/ Use restrictions

You are solely responsible for your own User Submissions and the consequences of their publication on our site (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate; whether they comply with our standards and whether they may be posted or removed.

You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BMS Group Sàrl/ Brappz Inc. is merely acting as a passive conduit and is not undertaking any obligation or liability relating to any user generated content or activities on the site. You may not post content to the site which, BMS Group Sàrl/ Brappz Inc. in its discretion determines to be abusive, defamatory, harassing, obscene, threatening, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, illegal or otherwise objectionable to  BMS Group Sàrl/ Brappz Inc. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. If you do not wish BMS Group Sàrl/ Brappz Inc. to use your User Submissions, please do not submit such user-generated content.

Limitation of Liability

BMS group Sàrl/ Brappz Inc. shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products purchased through the site, even if BMS Group Sàrl/ Brappz Inc. has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless, BMS Group Sàrl/ Brappz Inc., its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Any disputes, claims and legal proceedings arising out of or relating to this site (including but not limited to the purchase of BMS Group Sàrl/ Brappz Inc. products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts of Nyon in Switzerland or for USA the courts of Delaware in USA. Any cause of action you may have with respect to the site must be commenced within three months after the claim or cause of action arises. By using the site, you agree to receive electronic communications from BMS Group Sàrl/ Brappz Inc.

      14.LIMITED WARRANTY

BMS GROUP SARL/ BRAPPZ INC (“SELLER”), warrants that the straps, jewelry, shoelaces, and accessories produced by Seller (the “Product”) and sold or provided to the first end user (“BUYER”) are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of origin at the time of production and shall, subject to the limitations and exclusions set forth below, be free from defects in design, material, and workmanship.

A. INSTALLATION, PAYMENT & MAINTENANCE REQUIREMENTS

This Limited Warranty applies only if:

(1)       The Product is used properly and is operated in accordance with the SELLER’s included brochure in the package, as well as, details outlined in the online Terms & Conditions furnished to BUYER at the time of purchase;

(2)       The person filing the warranty claim is the first end user of the Product; and

(3)       BUYER complies with all other sections of this Limited Warranty.

B. PROCEDURE FOR OBTAINING WARRANTY SERVICE

 The procedure described in this Section 2 shall hereinafter be referred to as the “Warranty Claim Procedures.” For the Limited Warranty to apply, BUYER must completely fill out and deliver to the SELLER a warranty claim fully describing the alleged defects or failures of the Product and original proof of purchase within the Warranty Period (defined in Section 4) and within ten (10) (10) days of the date BUYER discovered the alleged defect. Notwithstanding the foregoing, in the event that SELLER determines, in its sole discretion, that BUYER reasonably should have discovered the alleged defect before its actual discovery, this Limited Warranty shall not apply.

In order to determine whether the Limited Warranty should apply, BUYER shall provide any information to SELLER, including pictures where applicable, via telephone, email or any other appropriate means of communication. In the event the defect is covered by the Limited Warranty, SELLER may, at its sole option, require that the defective Product be shipped to the address provided by SELLER with mailing or shipping charges prepaid. BUYER shall pay all expenses associated with returning the Product to SELLER, including, without limitation, the costs of shipment, import taxes, duties and tariffs if applicable. If SELLER determines that the returned Product is covered by the Limited Warranty, SELLER agrees to pay all of the foregoing and all expenses of returning repaired or replaced Product to BUYER.

C. WARRANTY SERVICES PROVIDED

If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either repairing or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials. Such repair or replacement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.

D. WARRANTY PERIOD 

This Limited Warranty of the Product applies for six (6) months from the date the Product is sold or donated to the first end user (the “Warranty Period”). The Warranty Period shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty without the prior written consent of SELLER.

 E. EXCLUSIONS FROM WARRANTY

The following is not included under this Limited Warranty

  • Scratches, marks or other visible surface wear on the Product, unless SELLER is notified as soon as the Product is received by the BUYER;
  • Normal wear and tear from everyday use;
  • Misuse or abuse by the BUYER;
  • Physical damage to the Product as a result of tampering, mishandling, neglect, modification or repair without the approval of SELLER, unreasonable use and/or negligence of the BUYER whether foreseeable by SELLER or not;
  • Items, equipment, goods, products, components, and parts not sold by SELLER;
  • Damage to Products caused by the carrier during shipping;
  • Deterioration resulting from, including, but not limited to, age, storage, weathering, or lack of use;
  • Continued Product use after an alleged defect is discovered or should reasonably have been discovered by BUYER;
  • Damage to Product caused by fire, storm or force majeur.

SELLER expressly reserves the right to inspect the Product and its components, parts, and BUYER’s use, maintenance, and any other activity or inactivity of the BUYER, when determining whether an alleged Product defect is covered by the Limited Warranty.

F. LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES

This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER. SELLER does not authorize any other person, including distributors, to give any other warranties on SELLER's behalf.

SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein.

If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court action based on that claim any later than one (1) year after BUYER’s right to file a court action accrues.  In those states which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.

G. SELLER’S LIMITATION OF LIABILITY

SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO. 

Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. THE SELLER’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER.

H. MISCELLANEOUS

Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall not be construed as an express warranty unless confirmed in writing by SELLER to be such.

      15.DATA PROTECTION

All personal information saved at our online shop will be handled with due care. The information we store will not be sold nor used for any purposes other than ensuring you get the best service possible. It will solely be used for informing you about special offers and other marketing activities if you wish so. Your personal data may be disclosed to third parties only when it is necessary to fulfill the purposes described above.

When registering to our online shop, you can choose not to receive information from BMS Group Sàrl/ Brappz Inc. If you wish to end your subscription to information you can easily do so by clicking on unsubscribe.

You have the right to know what information is kept about you in our systems. If the information is incomplete or incorrect, you have the right to request the information be corrected or deleted. All customers paying by card are subject to validation checks.  BMS Group Sàrl/ Brappz Inc. reserves the right to delay any order if we consider further security control is needed.

16.WAIVER OF LIABILITY FOR THIRD PARTY SITES

The website www.brappz.com may contain hyperlinks to other websites beyond our control. We cannot be held responsible for content or privacy policies of such other sites. BMS Group Sàrl/ Brappz Inc. hereby expressly declares that it has no influence whatsoever on the creation and/or content of the pages referred to in the links. In addition BMS Group Sàrl/ Brappz Inc. cannot be held responsible for any damaged caused from using the site or for that matter not being able to use the site.  These linked sites are only for your convenience and therefore you access them at your own risk.

      16.INTELLECTUAL PROPERTY RIGHTS

Our trademarks include the brappz and snappz name and its logo, which have been registered worldwide. All information published on the website. www.brappz.com (including domain name, trademark, text, logo, graphics, photos, design...) is protected by intellectual property rights. Use of this content in any form and for any purpose is prohibited without prior written consent of BMS Group Sàrl/ Brappz Inc.

       17. COOKIES

Cookies help us to improve our website and provide a better surfing experience for the users. Specifically, they enable us to:

  • Store information about your preferences and to personalize our website in accordance with your specific interests.
  • Remind you of the products that you have previously selected and placed in your Shopping Bag.
  • Speed up your searches.
  • Recognize the computer when the User returns to our website.
  • Collect data concerning the traffic and interaction of Users on our website so as to identify tendencies and for statistical purposes.


You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit. However, the online shop cannot be used if you do not allow cookies. 

     18.VIOLATION OF RULES

BMS Group Sàrl/ Brappz Inc reserves the right to seek legal actions for violations of our Terms and Conditions, including the right to block access to the website.
Individuals violating the restriction of password -protected areas of the site may be subject to prosecution.

     19.GOVERNING LAW

All clauses set out in these general T&C of sale, as well as the purchase and sale transactions referred to herein, shall be governed by Swiss law and US law (for the U.S. entity Brappz Inc.).  The relevant courts shall have jurisdiction.

The laws of your country may be different from the laws in Switzerland and there may be additional legal requirements for you to use this website. You must comply with all applicable local and international laws and regulations regarding your use of our www.brappz.com website.

       20.COMPANY DATA

BMS Group Sàrl, Route de Lausanne 132 B, 1197 Prangins, Switzerland

E-mail: info@brappz.com / Tel. 0041 22 575 4180

Website www.brappz.com

Registration number: CH-550-1123729-7 / IDE: CHE-162.759.407

Brappz Inc, a Delaware corporation with principal address at 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, United States

E-mail: info@brappz.com / Tel. 001 956 391 1665

Website www.brappz.com

Registration number: EIN: 81-4790074

       21. AMENDMENTS AND UPDATES TO THE TERMS AND CONDITIONS

T&C may be, unilaterally amended by BMS Group Sàrl/ Brappz Inc. The new T&C will be effective as of their date of publication on www.brappz.com

© BMS Group Sàrl/ Brappz Inc. All rights reserved.

November 28, 2017