Overview
Welcome to Brandatjo! Throughout these Terms, the words “we”, “us” and “our” refer to Brandatjo. We operate this store and website, along with all related content, features, tools, products and services, to give you, our customer, a curated shopping experience (the “Services”).
These Terms and Conditions, together with any policies referenced within them (collectively, these “Terms of Service” or “Terms”), set out your rights and responsibilities when using our Services.
We encourage you to read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with either, please refrain from accessing or using our Services.
Access and Account
By agreeing to these Terms of Service, you confirm that you have reached at least the age of majority in your state or province of residence and that you consent to allow any minor dependents in your care to use the Services on devices you own, purchase or otherwise manage.
Using the Services, whether that means browsing our online store or purchasing products, may require you to provide certain details such as your email address, billing information, payment details and shipping address. You confirm and guarantee that any information you provide is accurate, current and complete and that you hold all necessary rights to share it with us.
Keeping your account credentials secure is entirely your responsibility, as is any activity that takes place under your account. Your account may not be transferred, sold, assigned or licensed to anyone else.
Our Products
We take care to represent our products and services as accurately as possible across our online store. That said, actual colours and appearance may vary from what you see on your screen, depending on your device type, display settings and configuration.
We cannot guarantee that a product’s appearance or quality will match your expectations or exactly reflect how it was depicted in our online store once purchased.
Product descriptions may be changed at any time, at our sole discretion and without prior notice. We also reserve the right to discontinue any product or to limit the quantities available to any individual, region or jurisdiction, on a case by case basis.
Order Acceptance and Purchases
Placing an order constitutes an offer to purchase, not a guaranteed sale. Brandatjo reserves the right to accept or decline any order at its own discretion, for any reason. An order is only considered accepted once Brandatjo confirms it and payment must be received and processed beforehand. We encourage you to review your order carefully before submitting it, as cancellation requests may not always be possible once an order has been accepted. Should we decline, modify or cancel an order, we will attempt to reach you using the email, billing address or phone number provided at checkout.
Any returns or exchanges are handled solely in line with our Refund Policy.
By purchasing from us, you confirm that your order is intended for personal or household use only and not for commercial resale or export.
Pricing and Payment
Prices, discounts and promotions may change at any time without notice. Whatever price applies at the moment your order is placed is the price that governs the transaction and this will be confirmed in your order confirmation email. Unless clearly stated otherwise, listed prices exclude taxes, shipping, handling, customs or import fees.
Prices shown on our website may not match those offered in physical retail locations or through third party sellers. From time to time, we may run promotions that affect pricing and these are governed by their own specific terms. Where a conflict exists between promotional terms and these Terms of Service, the promotional terms will take priority.
You agree to keep your purchase, payment and account information accurate, complete and current at all times, including your email address, card numbers and expiry dates, so that we can process transactions smoothly and reach you when necessary.
By making a purchase, you confirm that the payment details you provide are true, accurate and complete, that you are authorised to use the payment method in question, that your card issuer will honour any resulting charges and that you agree to pay the full posted price, including any applicable shipping, handling and taxes.
Shipping and Delivery
We are not responsible for delays in shipping or delivery. All delivery timeframes provided are estimates only and are not guaranteed. Delays caused by shipping carriers, customs processing or circumstances beyond our control are outside our responsibility. Once your order has been handed over to the carrier, ownership of the product and the risk of any loss or damage transfers to you.
Intellectual Property
All content that makes up our Services, including trademarks, brand names, text, images, graphics, product reviews, video, audio and the overall design, layout and arrangement of these elements, is owned by Brandatjo, its affiliates or its licensors and is protected under applicable copyright, patent and intellectual property laws.
These Terms grant you permission to use the Services strictly for personal, non-commercial purposes. You may not copy, distribute, alter, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms should be interpreted as granting you a licence or any other right under Brandatjo’s or any third party’s patents, trademarks, copyrights or other intellectual property, except where explicitly stated. Any unauthorised use of the Services may violate applicable intellectual property laws and all rights not expressly granted here remain reserved by Brandatjo.
Brandatjo’s brand name, logo, product and service names, designs and slogans are trademarks belonging to Brandatjo, its affiliates or licensors and may not be used without our prior written permission. Any other names, logos, product or service names, designs or slogans appearing within the Services remain the property of their respective owners.
Third Party Tools
Some of the Services may give you access to tools provided by third parties, which we do not monitor, manage or control in any way.
Any such tools are made available to you on an “as is” and “as available” basis, without any warranties, guarantees or endorsements of any kind. We accept no liability whatsoever for anything arising from or connected to your use of these optional third-party tools.
Choosing to use these tools is entirely at your own discretion and risk and it’s your responsibility to review and understand the terms set by the relevant third-party provider before using them.
We may introduce new features to the Services over time, including additional tools or resources. Any such additions will automatically be considered part of the Services and will remain subject to these Terms of Service.
Third Party Links
The Services may include content or hyperlinks pointing to websites operated by third parties, including embedded third-party features. We do not review, verify or take responsibility for the accuracy or content of any third-party materials or sites. Should you choose to navigate away from our Services to visit these external sites, you do so entirely at your own risk.
We accept no liability for any harm, loss or damage resulting from your access to third-party websites or from any products, services, resources or content you purchase or use through them. We encourage you to carefully review the policies and practices of any third party before proceeding with a transaction. Any complaints, questions or concerns relating to third-party products or services should be directed to that third party directly.
Privacy Policy
Any personal information collected through our Services is handled in accordance with our Privacy Policy, which you can review here. By using the Services, you confirm that you have read and understood this Privacy Policy.
We collect and process information about how you access and use the Services in order to provide, maintain and improve them for you. For full details on how your personal information is collected, used and shared, please refer to our Privacy Policy.
Feedback
Any ideas, suggestions, reviews, comments, plans or other content you submit, upload, post, email or otherwise share with us (referred to collectively as “Feedback”) grants us a perpetual, worldwide, royalty-free licence, with the right to sublicense, to use, reproduce, modify, publish, distribute and display that Feedback across any medium and for any purpose, including commercially. This allows us to use your Feedback to operate, improve, promote and evaluate the Services and to carry out our obligations under these Terms.
By submitting Feedback, you confirm that you own or hold all necessary rights to it, that you have disclosed any compensation or incentive tied to submitting it and that it complies fully with these Terms. We are under no obligation to keep your Feedback confidential, compensate you for it or respond to it in any way.
While we are not obligated to do so, we reserve the right to monitor, edit or remove any Feedback we consider, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise inappropriate or that infringes on someone else’s intellectual property or violates these Terms.
You agree that your Feedback will not infringe on any third party’s rights, including copyright, trademark, privacy or personal rights and that it will not be defamatory, unlawful, abusive, obscene or contain viruses or malicious code capable of affecting the Services or related systems. You must not use a false email address, impersonate someone else or otherwise mislead us or others about the origin of your Feedback. You are solely responsible for the accuracy and content of any Feedback you submit and we accept no responsibility or liability for Feedback posted by you or any third party.
Errors, Inaccuracies and Omissions
From time to time, the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times or availability. We reserve the right to correct any such errors, update or change information or cancel orders affected by inaccurate details, at any time and without prior notice, even after an order has already been submitted.
Prohibited Uses
You agree to use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to:
- engage in any unlawful or malicious activity
- breach any international, federal, provincial, state or local law, regulation or ordinance
- infringe on our intellectual property rights or those of any third party
- harass, abuse, threaten, defame, insult or otherwise harm our staff or any other individual
- share false or misleading information
- send, receive, upload, download or reuse any material that violates these Terms
- distribute unsolicited advertising, spam, chain letters or similar promotional content
- impersonate another person or entity
- engage in any conduct that limits others’ ability to use or enjoy the Services or that we determine could harm Brandatjo or its users or expose them to liability
You further agree not to:
- upload or transmit viruses or malicious code that could disrupt the functioning of the Services
- copy, reproduce, resell or otherwise exploit any part of the Services
- collect or track personal information belonging to others
- engage in spamming, phishing, pharming, scraping or crawling activity
- interfere with or attempt to bypass the security features of the Services, related websites or the internet more broadly
We reserve the right to suspend, restrict or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
Termination
We may end this agreement or restrict your access to the Services, in whole or in part, at our sole discretion and without prior notice. You remain responsible for any outstanding amounts owed up to and including the date of termination.
The following sections will remain in effect even after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature is intended to survive the end of this agreement.
Disclaimer of Warranties
The content available through the Services is provided for general informational purposes only. We make no guarantee as to its accuracy, completeness or usefulness and any reliance you place on it is entirely at your own risk. We accept no liability or responsibility for any consequences arising from reliance on this content, whether by you, any other visitor to the Services or anyone informed of its contents through you.
Unless expressly stated otherwise by Brandatjo, the Services and all products offered through them are provided on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, whether express or implied. This includes, without limitation, any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or free from error. As some jurisdictions do not permit the exclusion of certain implied warranties, parts of this disclaimer may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, Brandatjo, along with our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, data loss, replacement costs or any comparable damages, regardless of whether the claim is based in contract, tort (including negligence), strict liability or any other legal theory, arising from your use of the Services, any products obtained through them or any other matter connected to your use of the Services or its products, including errors or omissions in any content or any loss or damage resulting from content or products posted, transmitted or otherwise made available through the Services, even where we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend and hold harmless Brandatjo, along with our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any losses, damages, liabilities or claims, including reasonable legal fees, owed to any third party arising from or connected to: (1) your breach of these Terms of Service or any documents referenced within them, (2) your violation of any law or infringement of a third party’s rights or (3) your access to or use of the Services.
We will notify you of any claim that may be subject to indemnification, though a delay in providing that notice will not release you from your obligations unless it materially prejudices your ability to respond. We reserve the right to manage the defense and settlement of any such claim at your expense, including selecting legal counsel, but we will not settle any claim that requires a non-monetary obligation from you without first obtaining your consent, which will not be unreasonably withheld. You agree to cooperate fully in the defense of any indemnified claim, including by providing any relevant documentation requested.
Severability
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforced to the maximum extent allowed by law and the unenforceable portion will be treated as separated from the remaining Terms. Such a finding will not affect the validity or enforceability of any of the remaining provisions.
Waiver; Entire Agreement
If we choose not to exercise or enforce any right or provision within these Terms of Service, that does not mean we are waiving that right or provision going forward.
These Terms of Service, together with any policies or operating rules we publish on this site or in relation to the Services, form the complete agreement between you and us regarding your use of the Services. This agreement replaces any earlier or existing agreements, communications or proposals, whether spoken or written, that may have existed between you and us, including any previous versions of these Terms of Service.
Should any part of these Terms be open to interpretation, that ambiguity will not automatically be held against whichever party drafted the language.
Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms, without our prior written consent. Any attempt to do so without such consent will be considered null and void. We, however, retain the right to transfer, assign or delegate this Agreement, along with our rights and obligations under it, at any time and without needing your consent or providing prior notice.
Governing Law
These Terms of Service, along with any separate agreements under which we provide the Services to you, will be governed by and interpreted in accordance with the laws applicable in the jurisdiction where Brandatjo is headquartered and any related disputes will fall under the federal and state or territorial courts of that jurisdiction. Both you and Brandatjo agree to accept the venue and personal jurisdiction of those courts.
Headings
The section headings used throughout this agreement are included purely for convenience and organisation and do not affect or limit the meaning or interpretation of these Terms.
Changes to Terms of Service
The most up to date version of these Terms of Service will always be available on this page. We reserve the right to update, modify or replace any part of these Terms at our sole discretion by publishing changes on our website. It is your responsibility to check this page periodically to stay informed of any updates. Where required by applicable law, we will notify you of any material changes and such changes will take effect on the date specified in that notice. By continuing to access or use the Services after any changes have been posted, you agree to be bound by the updated Terms.
Section 24 – Contact Information
If you have any questions regarding these Terms of Service, please reach out to us at:
Email:
