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BOGNER Online-Shop

General Terms of Use


§ 1 Scope of application, operator

  1. The following General Terms of Use (“TOU”) govern the use of the website www.bogner.com (hereinafter referred to as the “website”) and all associated services. These TOU do not apply to third-party services to which we may refer on our website or which we may advertise. By using the website, you declare your agreement with these Terms of Use.
  2. The operator of the website is Bogner Commerce GmbH, Neumarkter Str. 75, 81673 Munich, Germany, registered in the Commercial Register of the Local Court of Munich under HRB 78160, represented by the Managing Director Gerrit Schneider, VAT identification no.: DE129304550, telephone: 00800 - 412 828 29, e-mail: service@bogner.com.



§ 2 Rights and obligations of the user

  1. You may not use the website or any service on the website in any way that is likely to disrupt, damage or otherwise impair the services or access to them. In such cases, we reserve the right to claim damages and to take legal action.
  2. Furthermore, you may not use the content and services of the website for commercial purposes, in connection with a criminal offense, illegal activities or harassment. In particular, it is prohibited to send or otherwise make available illegal, defamatory, racist, violence-glorifying, harassing, pornographic, obscene, hate speech or otherwise immoral content when using this website. 
  3. You are liable for ensuring that the data and information you send does not infringe the rights of third parties and indemnify the operator of the website against all claims by third parties in this respect. Third-party rights are in particular personal rights of persons and companies as well as name, trademark, patent, label and copyright rights which you do not hold.

§ 3 Liability, links to other websites

  1. In the event of breaches of duty - irrespective of the legal grounds - we are responsable for intent and gross negligence. In the event of simple negligence, we shall only be liable in deviation from mandatory statutory provisions:
    • for damages arising from the breach of an essential contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and should rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage,
    • or damages resulting from injury to life, body or health.

    The above limitations of liability also apply in favor of our legal representatives and vicarious agents, should they be directly liable to you.

  2. Although the contents of the website are created and maintained with the utmost care, we assume no liability for the topicality, correctness, completeness or quality of the information provided or the permanent/uninterrupted availability of the website and are entitled to discontinue the operation of the website in whole or in part, to change and/or delete content at any time.
  3. We always endeavor to keep the website free of viruses; however, we cannot guarantee that the website is virus-free. Before and when downloading information or data, you must take appropriate security precautions yourself, e.g. by using a virus scanner, for your own protection and to prevent virus attacks on the website.
  4. The content of external websites operated by third parties that refer to this website or to which this website refers is third-party content over which we have no influence and for which we assume no warranty, responsibility and/or liability. Their use is at your own risk.

§ 4 Newsletter, competitions

  1. In order to be kept up to date about the BOGNER offer, you have the option of registering for our newsletter. In this case, we will regularly send you our newsletter by e-mail. You can unsubscribe from the newsletter at any time and without notice. There is a corresponding unsubscribe link in every newsletter. You can also unsubscribe via the other contact options provided on the website. 
  2. For competitions, the conditions of participation published there apply.



§ 5 Trademark, copyright and industrial property rights

  1. The "BOGNER" and "FIRE+ICE" trademarks as well as all other trademarks that are on our products, accessories and/or packaging are and remain the sole property of BOGNER, regardless of whether they are word or pictorial trademarks, illustrations, pictures or logo types, and regardless of whether they are registered or not. 
  2. Any complete or partial reproduction, modification or use of these trademarks, illustrations, images and/or logotypes, for whatever reason and on whatever basis, made without the prior written consent of BOGNER is prohibited and may be prosecuted legally. The same applies to any combination or connection with other trademarks, symbols, logo types and generally any distinguishing sign intended to form a composite logo, as well as to all copyrights, drawings, models and/or patents owned by BOGNER. This applies in particular to commercial, business or public purposes.



§ 6 Amendment of the Terms of Use

  1. We reserve the right to change or amend these TOU at any time.
  2. In addition we reserve the right to change or discontinue the content or services of the website at any time or to charge for them.



§ 7 Choice of law and place of jurisdiction

  1. The law of the Federal Republic of Germany shall apply to these Terms of Use. Notwithstanding this, you may invoke the law of the country in which you as a consumer have your habitual residence and which is a member state of the European Union, if this is more favorable for you as a consumer. 
  2. Place of jurisdiction is Munich, as far as legally permissible.



§ 8 Written form, severability clause

  1. A reference to a written form requirement within these TOU is to be understood as "text form" within the meaning of § 126b BGB, i.e. in particular that transmission by e-mail is sufficient. 
  2. Should one or more provisions of these TOU be or become invalid or unenforceable in whole or in part, or should they contain a loophole, the validity of the remaining provisions of these TOU shall remain unaffected. The statutory provisions shall replace the invalid or unenforceable provision, if applicable.



§ 9 Service

We value your satisfaction and strive to check your request as quickly as possible. After receipt of the documents or your submission or complaint, we will get in touch with you as soon as possible. Please do not hesitate to contact us if you have any service queries or complaints:  


Bogner Commerce GmbH- Servicecenter

Frankenstr. 152

90461 Nuremberg

Nuremberg

Germany


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As of: July 2024