TERMS & CONDITIONS OF SALE

1.1 The website btomic.com (the "Website") is operated on behalf of BTOMIC Group LLC, a company located in the United States(“BTOMIC,” “we”, “us”, “our”). The following terms of sale (“Terms of Sale” or “Terms”), together with our Terms of Use and Privacy Policy, will govern your use of the Website and your purchase of BTOMIC products (the “Product(s)”) through our Website. You should carefully read these Terms of Sale before you order any Product(s) through our Website. Please understand that if you do not accept these Terms of Sale, you may not order any Product(s) from our Website.

1.2 Note that our Terms of Sale may override any rights you may have as a consumer, unless this is not permitted by law.

1.3 BTOMIC reserves the right to change these Terms of Sale from time to time. Each time you purchase Products from our Website, your purchase will be governed by the Terms posted on our Website at the time of your purchase. Please read our Terms of Sale carefully each time you purchase Products from our Website.

1.4 We only supply Products through our Website for personal use. That is, for yourself or as gifts. Therefore, BTOMIC may at its sole discretion, limit or cancel quantities of Products purchased per person, per household or per Order (as defined below). Further, you agree not to use any Products purchased through the Website for any resale purposes. BTOMIC may limit or prohibit Orders (as defined below) that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. For inquiries about commercial sales, please Contact Us.

1.5 You are responsible for obeying all applicable local, state, federal, and international laws regarding any Product(s) you purchase through our Website. You represent that any Product(s) you order through our Website will be used only in a lawful manner.

2.1 To purchase Product(s) through the Website, you must be the age of majority in your jurisdiction . Placing Orders through the checkout is reserved exclusively for individuals purchasing Products for their own personal use (“Consumers”).

By placing an Order, you represent and warrant that (i) the Order and purchase of Products thereunder is strictly and solely for your personal use, and not for resale, distribution or any other commercial activities; and (ii) you are legally capable (in terms of age and mental capability) of entering into binding contracts per the local legal requirements in the place where you reside.

3.1 The BTOMIC Website provides you with information about and access to fine luxury goods – including watches, jewelry, leather goods, accessories and more – for you to purchase. If you choose to purchase any Products or services made available to you through the Website (an “Order”), you may be asked to supply certain personal identifiable information relevant to the processing of your Order.

3.2 Use of your information

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

3.2.2 We take reasonable and appropriate technical, organizational and administrative security measures to protect any Personal Data we process from loss, misuse, unauthorized access, disclosure, alteration and destruction. Nevertheless, even if we strive to protect your Personal Data as much as possible, no transmission system or data network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of the Personal Data you transmit on the Website when transferred through the Internet on unsecured networks. You therefore acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and BTOMIC cannot be guaranteed and we cannot be held liable.

3.2.3 Personal Data is stored in accordance with the legal deadlines for data retention, applicable to the United States. BTOMIC may share your Personal Data with third-party service providers for commercial or accounting support or with other third parties when required by law. Your Personal Data will not otherwise be passed on by BTOMIC for use by third parties in any form whatsoever, unless BTOMIC obtains your consent, is legally required to do so, such as to comply with law or a legal request such as a subpoena, to protect BTOMIC’s rights, property or interests, or in the event of a sale of assets or other corporate restructuring. We expect all third parties with whom we share your Personal Data to provide necessary guarantees of confidentiality and security and to take appropriate organizational and technical measures in compliance with the applicable laws. Please be aware, however, that any third-party’s use of your Personal Data may also be governed by their respective privacy policies. Any transfer of Personal Data to a third country may only be executed with appropriate safeguards.

3.2.4 For further information regarding the BTOMIC overall privacy policy and related practices, we invite you to view our Privacy Policy.

3.2.5 Your payment card information is transferred to and processed by a third-party payment service provider. Additionally, we or third-party service providers we work with, may process the Personal Data you provide, as well as collect and process information about your computer or access device, to mitigate risk and help prevent fraud. All processing of your payment card information is performed on a server that uses industry-standard encryption technology to protect your payment card information from being read by unauthorized third parties.

3.3 The Online Store of our Website will guide you through the steps you need to take to place an Order with us.

3.4 For each Product selected for purchase on the Website, an Order summary page will automatically generate, featuring a photo of the selected Product, a short description and the reference number. It will also show all Products selected for purchase, each Product’s unit price and the total price of the Order (subject to applicable sales tax). It is your responsibility to check that this information accurately reflects your selection before submission of the Order.

3.5 Upon submission, your Order will be forwarded to BTOMIC for review and processing. Once your payment is authorized by your payment card company, you will receive an e-mail confirming your Order (the “Order Confirmation”). In the unlikely event that BTOMIC is unable to fulfill your Order (for example, if the Product is unavailable), BTOMIC will contact you by email and/or phone informing you and offering you the possibility to cancel or amend your Order. BTOMIC reserves the right to accept or refuse your Order in its sole discretion. For example, BTOMIC may refuse your Order if there is an ongoing dispute concerning the payment of a prior Order or if BTOMIC suspects, in its sole discretion, that you have engaged in fraudulent activities or have otherwise violated these Terms of Sale.

3.6 Each Order Confirmation will indicate the total price of your Order, including applicable taxes and delivery fees, in accordance with your chosen delivery option.

3.7 Please check the Order Confirmation very carefully. If there are any discrepancies or you believe it does not accurately show what you ordered, please contact us via email at “Contact Us” or by phone at +1 (347) 459-1491 (Mon-Fri, 9.00 a.m. to 5.00 p.m. PST).

Pre-Sale Orders

3.8 When the shipping date of our pre-sale Product(s) approaches, BTOMIC will send you an email at the email address you provided with your pre-sale Order and request that you verify and confirm your shipping address. Please note that if you do not confirm your information within 10 days of BTOMIC’s request, BTOMIC may, at its sole discretion, attempt to contact you again or cancel your Order and provide you with a full refund of the amount you had paid. Once you confirm your shipping information, we will proceed with the shipping of your Order. Confirmation of your Order will imply a tacit acceptance to these Terms of Sale.

Gift message service

3.9 You agree that the gift message option is provided for your own personal and non-commercial use only. If you opt to include a gift message in your Order, you are sole responsible for the text and other content of your gift message and BTOMIC accepts no responsibility or liability for any such content. We reserve the right to refuse to print a gift message that contains offensive language and/or to terminate your access to the gift message service at any time and without liability to BTOMIC.

Areas of Delivery

4.1 Products purchased through this website will be shipped from any of our warehouses around the world. The actual origin location of package depends on the comprehensive consideration of our warehouse department. We will determine it based on the storage quantity, distance, freight and customs clearance method.

Shipping and Handling

4.2 We provide free shipping service for orders over $50, which has standard logistics timeliness. If you require a specific delivery service provider or delivery time, please contact our customer service team to confirm costs and other details.

4.3 All shipments require a signature by an adult (18 years old or older) on delivery. Upon signature by an adult confirming acceptance of the delivered Product(s), responsibility for the purchased Product(s) pass(es) on to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or by an adult at that delivery address) is evidence of delivery and fulfillment of the sales contract by BTOMIC and transfer of responsibility to the recipient in the same way as if the Product(s) had been delivered to you. We recommend you to inspect your package for damage or tampering before signing and accepting it.

Delivery Problems

4.4 If the delivery of your Order is delayed, please contact us via email at “Contact Us" or by phone at +1 (347) 459-1491 (Mon-Fri, 9.00 a.m. to 5.00 p.m. PST).

Damaged or defective Products

4.5 Upon receiving your Order, please carefully inspect the contents of the package. If there are any discrepancies between what you ordered and what you received, kindly proceed according to our Exchange and Return section.

5.1 BTOMIC reserves the right to change the prices of Products and services featured on the Website at any time, without notice. If you place an Order online, you will be charged the price indicated on the Online Store of the Website at the time of your Order. All prices shown on the Online Store are in U.S. Dollars. Prices do not include the cost of delivery. Details of our delivery charges can be found at the Shipping and Delivery section. Payment for Orders is processed at the time of ordering. BTOMIC accepts all major credit cards. No checks, cash or money-order payments will be accepted for online purchases, except if requested by BTOMIC. An Order placed will only be processed and shipped after all the information supplied is deemed verified and approval from the payment card company has been received.

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

6.1 The materials, information and Content contained on the Website is presented for information and promotion purposes only.

6.2 The materials, information and Content provided is 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.

6.3 Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, 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.

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

7.1 The title to the Products ordered is transferred from us to you prior to import, provided we are satisfied that a full payment of the Order amount was made or can be made.

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).

YOU WILL BE CONSIDERED AS 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, AND MAY, IN CERTAIN CASES, ACT AS THE ‘DECLARANT’ FOR THE SOLE PURPOSE OF FACILITATING THE CUSTOMS CLEARANCE (HOWEVER THIS WILL NOT CHANGE YOUR STATUS AS THE IMPORTER FOR PERSONAL USE PURPOSES).

YOU ARE RESPONSIBLE FOR ASSURING THAT THE PRODUCT CAN BE LAWFULLY IMPORTED INTO THE DESTINATION, AND YOU THEREFORE NEED TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CERTIFICATIONS AND RULES OF THE DESTINATION INTO WHICH YOU IMPORT THE PRODUCT. PLEASE NOTE THE STANDARD FOR USING THE PRODUCT IN THE IMPORT DESTINATION BEFORE ORDERING. PRODUCT ORDERED TO A DESTINATION WITH DIFFERENT STANDARDS CANNOT BE RETURNED FOR THIS REASON AND NO LIABILITY WILL BE ASSUMED IN ANY CIRCUMSTANCES WHICH MAY ARISE FROM PURCHASING PRODUCT WITHOUT THE CORRECT STANDARDS FOR YOUR DESTINATION.

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 available 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, specifications of the destination to which you import or labelled in accordance with the requirements applicable in your destination, or in yours or the destination’s language; if the Product is powered, it may not conform to the destination power parameters such as voltage or other electrical standards (for example you may need to use an adapter to charge your Product).

Any transaction for the purchase of Products under a tax exemption (i.e. by submitting your VAT number) will still be classified by us as a personal import transaction and you hereby agree and acknowledge that items purchased by you under such exemption are purchased for your own use and not for resale.

8.1 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. 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. 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.

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

9.2 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. BTOMIC will not be liable for any error or inaccuracy in the description, reference, pricing and in the photos or graphical representations of Products displayed on the Website, and is under no obligation to deliver the Products and/or pay any damages whatsoever. If you have any questions about the Products. please contact us by email at “Contact Us” or by phone at +1 (347) 459-1491 (Mon-Fri, 9.00 a.m. to 5.00 p.m. PST).

9.3 All measuring guides found in the Website are provided for reference only. BTOMIC takes no responsibility for any errors that occur as a result of their use.

10.1 If for any reason you decide not to keep your online purchase, BTOMIC will accept the Product(s) in its original condition for exchange or full refund within 30 days from the date of delivery.

10.2 Before returning the Product(s), you will need to contact our representatives via email at “Contact Us” or by phone at +1 (347) 459-1491 (Mon-Fri, 9.00 a.m. to 5.00 p.m. PST) to discuss the specific details regarding the exchange, return or refund.

10.3 You will be responsible for paying the cost of returning Products to us (except where you return a Product that is faulty, in which case we will refund to you the cost of return). We recommend shipping returned Product(s) via insured parcel post for tracking purposes. We also recommend that customers request adequate insurance to cover the purchase price of the Product(s). BTOMIC will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.

10.4 Refunds will be issued in the payment method of your original payment.

10.5 Should a Product be returned for exchange to our After-sale Service Station, the following shall apply: if the returned Product is lower in value than the exchanged Product, a credit card must be provided to charge the difference in value. If the returned Product is higher in value than the exchanged Product, online refund equivalent to the price difference will be issued.

All Returns

10.6 Any Product(s) you return must be presented in its original, saleable condition with all original packaging, certificates and other enclosures. Please note that all returns and exchanges are subject to a quality control inspection before they are accepted. You must return any certificates that accompanied the Product(s), as neglecting to do so will render you liable for a $200 replacement cost. We may also charge you for any loss of or damage to the Product’s presentation box.

10.7 We cannot accept returned Products that have been worn, used, altered or damaged. We reserve the right to refuse the return of any Product(s) that do(es) not meet the above return requirements as determined by BTOMIC.

10.8 Engraved or custom ordered Products cannot be returned for exchange, store credit or refund.

10.9 Products purchased through the Website may not be returned (whether for refund, or exchange) to a third-party authorized reseller of BTOMIC Products.

11.1 Products purchased online pursuant to these Terms of Sale shall benefit from the same warranty as BTOMIC Products purchased from BTOMIC boutiques or authorized resellers.

11.2 BTOMIC offers repair services for Products purchased online. To process a repair, please contact us via email at “Contact Us” or phone at +1 (347) 459-1491 (Mon-Fri, 9.00 a.m. to 5.00 p.m. PST) for complete instructions. You will have to enclose a detailed repair request, your contact information, a copy of the Order Confirmation as proof of purchase of the Product and the warranty.

11.3 BTOMIC recommends that you package the Product securely and ship it via insured mail, as BTOMIC will not be responsible for problems with delivery or if damage or loss (including but not limited to theft) occurs during shipping.

11.4 You may also bring in Products purchased online for repair to third-party authorized resellers.

11.5 Please allow 48-72 hours for a repair assessment. Detailed repair information and a repair charge estimate will be sent to you once the assessment has been completed.

12.1 These Terms of Sale will also govern any purchases of BTOMIC Products through our customer telephone line (“Customer Line”) or by email. 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.

12.2 Our BTOMIC associates will take you through the purchasing process over the telephone or by email. This will include taking some Personal Data about you and/or any gift recipient for whom you are buying Products (e.g. name, address, telephone number, email address/credit card information). 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.

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

12.4 Your Order is an offer to purchase Products from BTOMIC. 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.

13.1 These Terms of Sale shall be governed by and construed in accordance with the laws of Wyoming, United States of America, without giving effect of conflicts of law principles. Any dispute, controversy or claim arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the United States District Court for Wyoming, and you agree and submit to the personal and exclusive jurisdiction and venue of this court.

14.1 Depending on your location, payment may be made to an intra-group affiliate, and such payment will constitute a payment to us and will discharge you from your payment obligations in connection with the Order and purchase of the underlying Products.

We may not be able to control additional charges, fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your own bank, card issuer or the payment method you selected. We may not have any knowledge in advance of the applicability of such fees or surcharges nor does Shopify Payments have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank, card issuer or payment method and their own policies. Shopify Payments’ sole commitment in this respect is to acquire the amount specified on checkout in your selected currency.

Shopify Payments takes the safeguarding of your payment details seriously, but we may not be able to prevent, and cannot be held liable for loss you may suffer if a third party procures unauthorized access to your payment details when accessing or ordering from the Store.

The transaction statement (of your chosen payment method) regarding the Order you placed with us will look substantially like this: **Shopify Payments//Brand name**.

Payment by Invoice with Klarna: In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase the Product using Klarna as a payment method. The terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting that German (not English) is the governing and binding language of such terms and conditions. Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and Shopify Payments accept no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your Product using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna privacy policy shall apply to their use of your personal information. Shopify Payments shall have no responsibility for their use of your personal data.