TERMS & CONDITIONS

1.1 Introduction

The website located at btomic.com (the "Website" or the "Site") is operated by BTOMIC Group LLC, a company registered in the United States ("BTOMIC", "it", "its", "we", "us", "our"). By accessing and using the Website, you agree to be bound by these Terms. These Terms govern the use and sale of our Website, products, and any other services we provide to you (collectively referred to as "Services").

1.2 Acceptance of Terms

Please read these Terms carefully before accessing the Website or using any of our Services. If you disagree with any part of these Terms, you must exit the Website immediately and refrain from using any of our Services.

1.3 Modifications to the Terms

BTOMIC reserves the right, at its sole discretion, to revise, amend, modify, or remove portions of these Terms of Use at any time. Any updated version of these Terms will be effective immediately upon publication on the Website, and the "Last Revised" date will be updated accordingly.

2.1 Purpose of the Website and Services

BTOMIC operates its Website and Services with the goal of bringing its high-quality, sustainable luxury goods to our customers. In addition, we aim to share valuable information about watchmaking, jewelry, company news, events, services, and other corporate details with both Website users and the wider community.

2.2 Changes to Features, Content, and Availability

Please be aware that all features, content, specifications, and prices associated with our Website or other Services are subject to change at any time, without prior notice. The inclusion of any product or service on our Website does not guarantee its availability at any given time.

2.3 Accuracy and Completeness of Information

While we make every effort to ensure that our Services, as well as the information we provide, are complete, accurate, and up-to-date, there may be instances where information is incomplete, inaccurate, or outdated. We make no representations or warranties regarding the completeness, accuracy, or reliability of any Services, content, advice, or recommendations provided through the Website or Services. Additionally, we do not make any representations or warranties concerning the quality, safety, or availability of our products or services, nor of third-party products or services offered through our Website.

What We Grant to You

3.1 License Grant

BTOMIC grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and limited license to access and use our Services. This license is granted solely for your personal, non-commercial use and enjoyment of the Website, in accordance with these Terms and our other policies. For more detailed information on permitted use, please refer to Section 6, "Use of the Website."

What You Grant to Us

3.2 User Content License

By using our Services, you may provide us with or otherwise allow us to use certain content or information, such as photos or feedback regarding your experience with BTOMIC products. In doing so, you grant BTOMIC an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or information you provide. Consistent with our Privacy Policy, we may use this content for various purposes, including but not limited to facilitating your experience with BTOMIC and for developing, providing, promoting, and improving our Services.

3.3 Submissions

Any questions, comments, suggestions, ideas, testimonials, endorsements, drawings, concepts, photos, or other feedback (collectively, "Submissions") you provide are not considered confidential and become the exclusive property of BTOMIC. By providing such Submissions, you grant BTOMIC a worldwide, royalty-free, perpetual, sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create derivative works from, and otherwise utilize such Submissions without any obligation to compensate or credit you.

3.4 Content Monitoring

While not required, BTOMIC reserves the right, at its sole discretion, to monitor and review the Website and Services, and to access, review, screen, remove, or delete content at any time and for any reason, including if we believe the content violates these Terms.

Your Behavior

3.5 Responsibility for Content and Activity

You are solely responsible for all content provided, as well as any activity occurring under your account, including activities conducted by others who have accessed the Site and Services through your account.

3.6 User Conduct

By using our Services, you agree not to engage in the following activities:

• Use the Site or Services for illegal purposes or those prohibited by these Terms.
  
• Utilize automated means (e.g., robots, spiders) to access the Services or extract user information.
  
• Copy, modify, distribute, sell, or lease any part of the Site or Services.
  
• Reverse engineer or attempt to extract the source code of the software.
  
• Develop third-party applications to interact with the Site or Services without written consent from BTOMIC.
  
• Interfere with, disrupt, or negatively affect other users’ ability to fully use the Services or the functionality of the Services.
  
• Engage in any activity that could damage, overburden, or impair the functioning of the Services.
  
• Use another user’s account without permission, solicit other users' login credentials, or impersonate another person.
  
• Provide offensive content or material, including pornography, graphic violence, threats, hate speech, or any unlawful activity.
  
• Use the Services for harassment, abuse, defamation, stalking, or threatening others.
  
• Compromise the security of the Services by uploading viruses or other malicious code.
  
• Circumvent any content filters or security measures used by BTOMIC.
  
• Attempt to access unauthorized areas or features of the Services.
  
• Engage in unsolicited or spam emails to other users or to BTOMIC.
  
• Violate any other part of these Terms or encourage others to do so.
  

3.7 Sharing Information

BTOMIC allows users to share information about themselves, including photos or experiences with our products. However, any content or communication you send to BTOMIC via the internet will be deemed non-confidential. BTOMIC has no obligation regarding such information. You understand that any Personal Information (as defined in our Privacy Policy) or sensitive information you share may be accessible to others. Please avoid sharing information that you would not want to be publicly viewable.

3.8 Personal Information

On occasion, BTOMIC may request Personal Information (such as your contact details) to facilitate specific Services, such as feedback, questions, or customer support. Please refrain from sharing Personal Information unless explicitly requested.

3.9 Data Security and Privacy

BTOMIC takes reasonable technical, organizational, and administrative security measures to protect any Personal Information we process. However, despite our efforts, no data transmission or network is fully secure. As a result, we cannot guarantee the security of information transmitted via the Website, especially when transferred through unsecured networks. You acknowledge the inherent security and privacy limitations of the internet and understand that we cannot be held liable for any breaches in the security, integrity, or privacy of information exchanged between you, BTOMIC, or other users of our Services.

4.1 Your privacy is important – both to you and to us. Please view our Privacy Policy to learn how your information is handled when you register for and use our Services.

5.1 Trademarks and Service Marks

The name and mark BTOMIC, the BTOMIC logos, and all other marks related to BTOMIC depicted on this Website, whether registered or unregistered, are trademarks or service marks of BTOMIC and its subsidiaries and affiliates. Nothing contained on this Website shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property of BTOMIC or any of its subsidiaries or affiliates.

5.2 Content Ownership

The information, photos, text, graphics, videos, audio, tools, images, and all other content and materials provided by or made available on this Website (the "Content"), as well as the Website itself, are protected by copyrights, trademarks, and/or other intellectual property rights. This Content is owned or licensed by BTOMIC or its subsidiaries and affiliates, or used with the permission of its respective owners. The Content is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to, the text, graphics, photos, interactive features, trademarks, service marks, trade dress, and logos associated with our Services ("Marks"). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose not permitted by these Terms. All rights are reserved, worldwide.

5.3 Respect for Intellectual Property

We respect the intellectual property rights of others, including copyrights, and prohibit our users from using our Services in ways that violate these rights. Some of the content available through our Services comes from other users and third parties. All other content, trademarks, and copyrights that appear on the Website are the property of their respective owners. You agree not to use the Services in a manner that infringes upon the rights of others, including but not limited to rights of publicity, privacy, copyright, trademark, or any other intellectual property rights.

5.4 Unauthorized Use of Content

You may not use the Content, Marks, or Services, or any content belonging to others, in ways that are not authorized by these Terms. BTOMIC reserves the right to terminate your use or prohibit your access to our Services if we believe you are infringing upon the intellectual property rights of others while using our Site or Services.

5.5 Identity Disclosure and Content Removal

BTOMIC reserves the right to disclose your identity to any third party who claims that content you shared or uploaded to our Site infringes upon their intellectual property rights or violates their right to privacy. BTOMIC is not responsible or liable to any third party for the content or accuracy of any content posted by you or any other user on our Site. We also retain the right to remove any posting you make on our Site at our sole discretion. The views expressed by other users on our Site do not reflect the views or values of BTOMIC.

6.1 Purpose of Content

The materials, information, and Content available on the Website are presented solely for informational and promotional purposes.

6.2 Personal Use Only

The materials, information, and Content provided on the Website are for your personal, non-commercial use only. You may download, display, or print the materials, information, and Content appearing on the Website exclusively for personal use, provided that the copyright notice is retained on each copy, and you do not alter any trademark or other notice of ownership. Downloading or reproducing any document or software does not grant you any right, title, or interest in said document or software.

6.3 Prohibited Uses

Any other use of the materials, information, and Content on the Website, including reproduction for purposes other than personal, non-commercial use, modification, dissemination, publication, distribution, transmission, creation of derivative works, or broadcast, whether in whole or in part and by any means, is strictly prohibited without prior written consent from BTOMIC.

6.4 No Warranty Against Infringement

BTOMIC makes no warranty or guarantee that the use of any materials, information, or Content displayed on the Website will not infringe upon third-party rights.

7.1 Protection of Personal Information

Any personal identification or information transmitted via the Internet to the Website is protected and handled in accordance with BTOMIC’s Privacy Policy. BTOMIC encourages you to carefully review the Privacy Policy before submitting any personal identification or information.

7.2 Non-Confidential Submissions

By using the Website, you acknowledge and agree that all submissions, communications, or documents sent to BTOMIC via the Website, or through any other means, will be considered non-confidential, non-proprietary, and not personal, whether pertaining to you or any other individual.

7.3 Ownership of Submissions

As outlined in Section 3, any submission made by you becomes the sole property of BTOMIC. You are responsible for any submission you make that may infringe upon the rights of any third party, including but not limited to copyright, registered trademarks, patents, trade secrets, privacy rights, or any other personal or property rights.

8.1 "As Is" Basis

All materials, information, and content provided on the Website are supplied "as is" and made available without any form of guarantee, express or implied. This includes, but is not limited to, any implied warranties of merchantability or suitability for a particular purpose.

8.2 No Guarantee of Accuracy or Completeness

BTOMIC makes no warranties regarding the accuracy, completeness, or currency of the content on the Website. Additionally, BTOMIC cannot guarantee that the Website is free from defects, or that any identified defects will be corrected. By accessing and using this Website, you do so at your own risk. You accept full responsibility for any issues, including loss of data or costs related to any repairs or assistance required for hardware or software used to connect to the Website. BTOMIC will not be held liable for any damages, losses, or consequences arising from or related to your use of the Website.

8.3 Security of Communications

While BTOMIC takes reasonable technical, organizational, and administrative measures to protect your information, please note that the security of internet email is not guaranteed. By sending sensitive or confidential information via email, you acknowledge and accept the inherent risks, including the possibility of a lack of confidentiality during transmission over the Internet. Additionally, the content on the Website may contain inaccuracies or typographical errors. BTOMIC reserves the right to make changes, corrections, or improvements to the Website’s content at any time without prior notice, but does not commit to doing so.

9.1 Use at Your Own Risk

Your access, use, browsing, and navigation of the Website are undertaken at your own risk.

9.2 Limitation of Liability

To the fullest extent permitted by applicable law, neither BTOMIC nor any of its affiliates shall be held liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any other type of damage, regardless of its nature. This includes damages resulting from the use, inability to use, or performance of information, products, documents, or other content and services provided on this Website. This applies even if BTOMIC had been previously informed of the possibility of such damages, whether arising under a contractual action, tort, or any other legal theory.

9.3 Risk of Downloading Content

Any materials, information, or content that you download or obtain through any other means while using the Website are done at your own risk. BTOMIC takes no responsibility for any damage or viruses that may affect your computer equipment or other property as a result of accessing, using, or downloading materials, information, or content from the Website, nor for any illegal intrusion or interference with its IT systems.

9.4 Website Interruptions or Discontinuation

BTOMIC reserves the right to interrupt or discontinue any or all functionality of the Website at any time. BTOMIC accepts no responsibility or liability for any interruptions or discontinuation of Website functionality caused by actions or omissions on the part of BTOMIC or any third party.

10.1 Content Inaccuracies

The content on the Website may contain inaccuracies or typographical errors. BTOMIC reserves the right to make changes, corrections, and improvements to such content at any time without prior notice but does not assume any responsibility for doing so.

10.2 Product Style, Price, and Availability

The style, design, and colors of BTOMIC products featured on the Website may be modified without prior notice. Prices for gem-set models are subject to market fluctuations and may vary accordingly. BTOMIC reserves the right to modify prices and product offerings on the Website at any time.

11.1 Product Representation

The products featured on the Website are part of BTOMIC’s collection, but not all BTOMIC products are represented on the Website.

11.2 Availability by Location

The Website may contain information on BTOMIC products and services, but not all of them are available in every location. A reference to a product or service does not imply its availability at any given time or location.

11.3 Product and Service Availability

Products and services described on the Website are available while supplies last. Product images are representative and may not reflect the exact product you will receive. BTOMIC reserves the right to discontinue any product’s production or the offering/sale of any product or service at any time, without notice. Availability is not guaranteed for any specific location, even if it’s listed as a source.

11.4 Product Variations and Accuracy

Every effort is made to ensure that product details such as color, design, style, reference number, description, size, and pricing are accurate and representative. However, variations may occur. Product descriptions may change, and typographical errors may happen, leading to discrepancies in pricing or other details. BTOMIC is not liable for any errors or inaccuracies in the descriptions, references, pricing, or photographs of products on the Website and is under no obligation to fulfill any orders or provide compensation. For questions about products, please contact the BTOMIC Customer Service Department through the “Contact Us” page.

12.1 BTOMIC reserves the right to change the prices of products and services featured on this Website at any time, without notice.

13.1 Third-Party Links

The Website may contain links to third-party Internet websites that are not operated or controlled by BTOMIC. These links are provided solely as a convenience to help you locate other websites that may be of interest. BTOMIC does not endorse or take responsibility for the owners, operators, or content of any linked websites, including those of companies related to, controlled by, or under common control with BTOMIC.

13.2 Disclaimer on Third-Party Websites

BTOMIC has not reviewed the websites that link to this Website. We are not liable for the availability or content of such external websites or for any articles or materials found on them. Accessing any third-party website is at your own risk.

14.1 Eligibility and Purchase Restrictions

To purchase Product(s) through the Website, you must be of legal age in your jurisdiction. Placing Orders via the checkout process is strictly reserved for individuals purchasing Products for personal use ("Consumers"). By placing an Order, you represent and warrant that:

(i) the Order and purchase of Products are solely for your personal use and not for resale, distribution, or any commercial purpose;

(ii) you are legally capable, both in terms of age and mental capacity, of entering into binding contracts in accordance with the applicable local laws in your place of residence.

15.1 Purchasing Products and Use of Personal Data

The BTOMIC Website provides you with access to a curated selection of fine luxury goods, including watches, jewelry, leather goods, accessories, and more, for purchase. If you choose to purchase any Products or services through the Website (an "Order"), you may be asked to provide certain personal identifiable information relevant to processing your Order.

15.2 Use of Your Information

15.2.1 BTOMIC may need to collect and process your personal identifiable data, such as your first and last name, email, payment card information, billing and shipping addresses, and/or any gift recipient’s name and address (collectively, "Personal Data") when processing your Order (e.g., invoicing, shipping) in accordance with our contractual or legal requirements (especially accounting requirements).

15.2.2 We take reasonable and appropriate technical, organizational, and administrative security measures to protect your Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no transmission system or data network can be guaranteed to be 100% secure. Therefore, while we strive to protect your Personal Data, you acknowledge that the security, integrity, and privacy of any information exchanged on the Website cannot be guaranteed, and BTOMIC cannot be held liable for any security breaches.

15.2.3 Personal Data is stored in accordance with the applicable legal data retention periods for the United States. BTOMIC may share your Personal Data with third-party service providers for commercial or accounting purposes, or when required by law. We will not share your Personal Data with third parties for any other purposes without your consent, except when required to comply with legal obligations, protect our rights, or in the event of a corporate restructuring. Third parties receiving your Personal Data are expected to provide appropriate confidentiality and security measures, in compliance with applicable laws.

15.2.4 Your payment card information is processed by a third-party payment service provider. We, or third-party providers we partner with, may process your Personal Data, including information about your device, to help mitigate fraud and risk. All payment card information is processed on secure servers using industry-standard encryption technology.

15.3 The Website's Online Store will guide you through the necessary steps to place an Order.

15.4 For each Product you select for purchase, an Order summary page will automatically generate. This will include a photo of the selected Product, a short description, and reference number, as well as the unit price and the total price of the Order (subject to applicable sales tax). It is your responsibility to verify that this information accurately reflects your selection before submitting the Order.

15.5 Once submitted, your Order will be processed by BTOMIC. Upon authorization of your payment, you will receive an email confirming your Order ("Order Confirmation"). If we are unable to fulfill your Order (e.g., the product is unavailable), BTOMIC will contact you by email or phone, offering you the option to cancel or amend your Order. BTOMIC reserves the right to accept or refuse your Order at its sole discretion, including if there is an ongoing dispute regarding a prior Order or if we suspect fraudulent activity.

15.6 The Order Confirmation will include the total price of your Order, including applicable taxes and delivery fees, based on your selected delivery option.

15.7 Please review the Order Confirmation carefully. If there are discrepancies or if it does not reflect what you ordered, please contact us via email at our “Contact Us” page.

15.8 Pre-Sale Orders

For pre-sale Products, BTOMIC will email you prior to shipping to confirm your shipping address. If you do not confirm your information within 10 days of our request, BTOMIC may, at its sole discretion, cancel your Order and refund the amount you paid. Once you confirm your shipping information, we will proceed with shipping your Order. Confirming your Order implies tacit acceptance of these Terms of Sale.

15.9 Gift Message Service

The gift message option is for personal, non-commercial use only. You are solely responsible for the content of any gift message you include in your Order. BTOMIC reserves the right to refuse any gift message containing offensive language, and we may terminate your access to the gift message service without liability.

16.1 BTOMIC reserves the right to change the prices of products and services featured on the Website at any time, without prior notice. When you place an Order online, you will be charged the price indicated on the Online Store at the time of your Order. All prices displayed on the Online Store are in U.S. Dollars and do not include the cost of delivery. You can find the details of our delivery charges in the Shipping and Delivery section. Payment for Orders is processed at the time of ordering. BTOMIC accepts all major credit cards, but does not accept checks, cash, or money orders for online purchases unless explicitly requested by BTOMIC. An Order will only be processed and shipped once all information is verified and approval from the payment card company has been received.

16.2 Existing merchandise credits or gift certificates from BTOMIC or any of its affiliated entities (except for BTOMIC online merchandise credits) may not be used for online purchases.

17.1 Information and Content Usage

The materials, information, and content contained on the Website are presented for informational and promotional purposes only.

17.2 Personal Use Only

The materials, information, and content provided are for your personal use only. You may download, display, or print the materials, information, and content appearing on the Website exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title, or interest with respect to said document or software.

17.3 Prohibited Uses

Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation of derivative works, or broadcast of the materials, information, and content of the Website, in whole or in part and by any means, is strictly prohibited, except with BTOMIC's prior written consent.

17.4 No Warranty or Guarantee

BTOMIC neither warrants nor guarantees that use of any materials, information, and content displayed on its Website will not infringe on third-party rights.

18.1 Transfer of Title and Risk

• Transfer of Title: The title to the Products ordered is transferred from us to you prior to import, provided we are satisfied that the full payment of the Order amount was made or can be made.
  
• Transfer of Risk: Risk of damage or loss is transferred to you upon delivery to the delivery address specified in the Order (in case you have selected not to pre-pay Duties and Taxes, such location will be deemed to be the port of entrance to the import destination).
  
• Importer of Record: You will be considered the "Importer of Record" of the Product, and we (or someone on our behalf) will only be facilitating the importation on your behalf, as your agent. In certain cases, we may act as the "Declarant" solely for the purpose of facilitating customs clearance (however, this will not change your status as the importer for personal use purposes).
  
• Your Responsibility for Compliance: You are responsible for ensuring that the Product can be lawfully imported into the destination, and you must comply with all applicable laws, regulations, certifications, and rules of the destination to which you import the product. Please be aware of the standard requirements for using the product in the import destination before ordering.
  
• No Returns for Compliance Issues: Products ordered to a destination with different standards cannot be returned for this reason, and no liability will be assumed in any circumstances that may arise from purchasing a product without the correct standards for your destination.
  
• Documentation and Product Standards: Please note that documentation such as packaging, user manuals, product care labels, handling instructions, or safety warnings may not be in your language. You may not have access to the manufacturer’s or other service options for the Product or parts thereof. The Product (and accompanying materials) may not be designed in accordance with the standards, product regulations, or specifications of the destination to which you import, or labeled in accordance with the requirements applicable in your destination, or in your language. Additionally, if the Product is powered, it may not conform to the destination’s power parameters such as voltage or other electrical standards (for example, you may need an adapter to charge your Product).
  
• Tax Exemption Purchases: Any transaction for the purchase of Products under a tax exemption (e.g., by submitting your VAT number) will still be classified by us as a personal import transaction. You agree and acknowledge that items purchased under such exemption are for your own use and not for resale.

19.1 Availability of Products and Services

• Availability While Supplies Last: Products and services described on the Website are available while supplies last. BTOMIC reserves the right to discontinue the production of any Product, and to discontinue the offering or sale of any Product or service at any time, without notice.
  
• No Guarantee of Availability: BTOMIC will not guarantee that any particular Product or service displayed on the Website will be available at any particular location, even if that location has been indicated as a source for that Product or service.
  
• Unavailable Products: In the rare case in which a Product may become unavailable after you have received an Order Confirmation for it, BTOMIC will contact you, offering you the opportunity to order another Product or to cancel your existing Order.

20.1 Product Images

• Representative Images: The images of Product(s) on the Website are representative and are not necessarily photos of the actual Product you will receive.
  

20.2 Product and Service Descriptions

• Variations in Descriptions: Product and service descriptions on the Website may vary from time to time, and typographical errors may occur, resulting in inaccurate, incomplete, or outdated Product and service descriptions, including but not limited to pricing.
  
• No Liability for Errors: BTOMIC will not be liable for any error or inaccuracy in the description, reference, pricing, or in the photos or graphical representations of Products displayed on the Website. BTOMIC is under no obligation to deliver the Products and/or pay any damages whatsoever.
  
• Questions About Products: If you have any questions about the Products, please contact us by email at "Contact Us."
  

20.3 Measuring Guides

• Reference Only: All measuring guides found on the Website are provided for reference only. BTOMIC takes no responsibility for any errors that occur as a result of their use.

21.1 Applicability of Terms of Sale

• Governing Terms: These Terms of Sale will also govern any purchases of BTOMIC Products through our customer telephone line (“Customer Line”) or by email.
  
• Agreement Requirement: Before you place an Order with our Customer Line or by email, you must ensure you have read and agreed to these Terms of Sale. If you do not agree with these Terms of Sale, you must not place an Order for Products over the Customer Line or by email.
  

21.2 Personal Data Collection

• Data Collection Process: Our BTOMIC associates will guide you through the purchasing process over the telephone or by email. This will include collecting some Personal Data about you and/or any gift recipient for whom you are purchasing Products (e.g. name, address, telephone number, email address, credit card information).
  
• Privacy Policy Compliance: All Personal Data that you disclose to us will be used strictly in accordance with our Terms of Sale and Privacy Policy, which are published on our Website.
  

21.3 Product Details and Charges

• Pricing and Charges: You will be provided with details of Products’ prices and all relevant delivery and packing charges before you proceed with your Order.
  

21.4 Order Confirmation

• Offer to Purchase: Your Order is an offer to purchase Products from BTOMIC.
  
• Acceptance of Order: Acceptance of an Order placed by you over the Customer Line or by email will be formalized only with an Order Confirmation or by an invoice, which shall be sent to you via email.