Terms of service

OVERVIEW
Welcome to BR4NDOM! The terms "we", "us" and "our" refer to BR4NDOM. BR4NDOM operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). BR4NDOM is powered by Shopify, which enables us to provide the Services to you.
The general terms below, together with the policies referenced herein (the "Terms of Service" or "ToS"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and you give us your consent to allow any minor dependents to use the Services on devices you own, purchase or otherwise manage.
To use the Services, including to access or browse our online stores or purchase any of our products or services, you may be asked to supply certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to communicate this information.
You are solely responsible for the security of your account credentials and for any activity associated with your account. You are not authorized to transfer, sell, assign or sublicense your account to another person.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible our products and services in our online stores. However, please note that colors or the appearance of products may differ from what is displayed on your screen, depending on the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. BR4NDOM reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not considered accepted until confirmed in writing by BR4NDOM. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as BR4NDOM may not be able to accommodate cancellation requests once an order has been confirmed. In the event of a refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of order.
Your purchases are subject to the return or exchange conditions set out in our Refund Policy. You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import fees.
Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services which may affect pricing and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) your credit card information is true, correct and complete, (ii) you are duly authorized to use such card for the purchase, (iii) charges incurred will be honored by your card issuer, and (iv) you will pay charges incurred at the posted prices, including all shipping and handling charges and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held liable for shipping or delivery delays. All delivery timeframes provided are estimates only and are not guaranteed. We disclaim any liability for delays caused by carriers, customs formalities or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, text, displays, images, graphics, product reviews, video and audio content, as well as their design, selection and arrangement, are the exclusive property of BR4NDOM, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available on the Services without our prior written consent. Except as expressly stated in these Terms, nothing shall be construed as granting you a license or any other right in or to any patent, trademark, copyright or other intellectual property of BR4NDOM, Shopify or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by BR4NDOM.
The names, logos, product and service names, designs and slogans of BR4NDOM are registered trademarks of BR4NDOM, its affiliates or its licensors. You may not use them without the prior written permission of BR4NDOM. The Shopify name, logo, product and service names, designs and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we do not monitor and over which we have no control.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered an integral part of the Services and subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damages related to your access to third-party websites, or to the purchase or use of any products, services, resources or content available on such sites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party concerned.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
BR4NDOM is powered by Shopify, which allows us to provide the Services to you. However, any sale or purchase made in our Store is made directly with BR4NDOM. By using the Services, you acknowledge and agree that Shopify shall have no responsibility for any aspect of the sales between you and BR4NDOM, including without limitation any harm, injury, or loss resulting from any products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or relating to your purchase and transaction with BR4NDOM.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties which may be located in countries other than your country of residence, in order to provide the services to you. Please see our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise control all rights to your Feedback; (ii) you have disclosed any compensation or incentive you received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We shall have no obligation whatsoever to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but are not obligated to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, or contain any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or fraudulent purpose; (b) to violate any international, federal, provincial, state or local regulation, rule or law; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, or knowingly receive, download, use or reuse any material that does not conform to these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BR4NDOM, Shopify, users of the Services, or expose them to any liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use any robot, spider, scraping tool, automated device, AI tools (including agentic AI), or any other automated or manual means to access the Services; (f) interfere with, circumvent or disable any security- or authorization-related features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any of the provisions of these Terms.

ARTICLE 14 - AGENTS
14.1 This section (the "Agent Terms") applies if you use, authorize, activate, or otherwise cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of a person or entity, or at their direction, and that may be executed on a device owned or used by that person, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself persistently and operates in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use, or interact with any service if we have requested that such Agent refrain from accessing, using, or interacting with that service.
14.3 We may limit, including through technical measures, the ability of, and manner in which, an Agent may access, use, or interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that access, use, or interactions are performed by an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or supplementing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) truthfully respond to any inquiry or prompt seeking to determine whether interactions are performed by a human or a computer; (iv) not bypass or avoid any measures we use to prevent or restrict access to, use of, or interactions of Agents with the Services.

ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy, as well as any other provisions which by their nature should survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY BR4NDOM, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BR4NDOM, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BR4NDOM, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any liability, loss, claim and expense, including reasonable attorneys' fees, related to a third party's claim arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any such claim covered by this indemnity, provided that a delay in providing such notice will not relieve you of your obligations hereunder unless (and only to the extent that) you are prejudiced as a result of such delay. We may, at our option, defend and settle any such claim at your expense, including selecting counsel; however, we will not settle any claim requiring you to undertake any non-monetary obligation without your prior consent, which consent shall not be unreasonably withheld. You agree to cooperate with the defense of any such claim covered by this indemnity, including by providing relevant documentation.

ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 - ASSIGNMENT
You may not assign, transfer or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 22 - GOVERNING LAW
These Terms of Service, together with any separate agreement under which we provide you with Services, shall be governed by and construed in accordance with the laws of Switzerland. You and BR4NDOM expressly consent to the exclusive jurisdiction of the courts of Biel/Bienne, Switzerland.

ARTICLE 23 - TITLES
The headings used in this agreement are included for convenience only and will not affect the interpretation of these Terms of Service.

ARTICLE 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION
BR4NDOM
Postfach
2500 Biel/Bienne 6
contact@brandom.ch
N/A – No public phone number
CHE-228.288.470
Not subject to VAT