WEBSITE TERMS OF USE

UPDATED: SEPTEMBER 2014

INTRODUCTION

Welcome to the EMIAN BÖHE website - EMIANBOHE.com, microsite, or mobile site (this "Website") or mobile application ("App"). This Website/App is operated by EMIAN BÖHE Sunglasses Spain, S.L. (referred to in these terms of use as "EMIAN BÖHE", "we", "us" or "our"). Please review these website terms of use ("Terms of Use") before continuing to access or using this Website/App. These Terms of Use apply to all visitors to, or users of, this Website/App.

YOUR USE GENERALLY

Your accessing and use of this Website/App confirms your acceptance of these Terms of Use and your agreement to be bound by them. If you do not accept these Terms of Use, do not use this Website/App. We may terminate or suspend your accessing or use of this Website/App if either: (a) we reasonably consider that you have breached these Terms of Use, or (b) we consider it necessary to do so for security purposes.

VARYING THESE TERMS OF USE

We may, from time to time, revise these Terms of Use by updating this posting. If we make any change to these Terms of Use we will inform you of the change by placing a notice on this Website/App. If you do not agree to any such change, you must not continue to access or to use this Website/App. If you continue to access and/or to use this Website/App after we have informed you of any change, we will assume that you have accepted the change.

OWNERSHIP OF CONTENT

All right, title, and interest in and to this Website/App and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, "Content" ), and all intellectual rights (including copyright, trade marks, and rights in designs and patents) in and to this Website/App and all of its Content, is owned by EMIAN BÖHE and/or its licensors. All Content is provided to you by EMIAN BÖHE only for your personal and non-commercial use. This means that you may not and may not permit, assist or enable another person to do any of the following: (a) copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App or any of the Content, including, but not limited to, framing or linking the Website/App or the Content or any part of the Website/App or Content; or (b) access or use the Website/App or any of the Content for any commercial purpose or for any purpose which competes with our business.

TRADE MARKS

EMIAN BÖHE (and its licensors) retain all rights in and to our trade marks, trade names, logos, brand names, and our goodwill in all of these (collectively, our "Trade marks"). These Terms of Use do not allow you to use our Trade Marks and we remind you that the use of our Trade Marks in any manner is strictly prohibited.

OUR PRODUCTS

From time to time, we may need to modify, vary or withdraw (on either a permanent or temporary basis) some of the products and services and/or the features and specifications of those products and services, that are displayed on or made available to you through this Website/App. We reserve the right to do so without any liability to you. Our sale terms also address the circumstances in which we may make changes to and/or withdraw products sold by us through this Website/App. We will use reasonable endeavours to ensure, but cannot guarantee and do not represent or warrant, that there are no typographical errors, inaccuracies or omissions that relate to product descriptions, pricing and/or availability on this Website/App. We make no representation nor give any warranty as to the completeness, accuracy or currency of any information on this Website/App. The inclusion of any products or services on this Website/App does not imply, warrant or guarantee that these products or services will be available through this Website/App if you wish to place an order for such products and/or use such services at any particular time. We have made every effort to display, as accurately as possible, the colours of our products that appear on this Website/App. However, the actual colour you will see will depend on your device settings and we cannot guarantee that your device will accurately display our colours.

COMMENTS AND OTHER COMMUNICATIONS

If you send us any comments, feedback, suggestions, ideas and/or other communications (collectively, "Communications") through or in connection to this Website/App, or through email, postal mail or any contact with us, we will assume that you have granted to EMIAN BÖHE the unlimited right to copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from or otherwise use or exploit (collectively "Use") such Communications. EMIAN BÖHE shall have the unlimited right to Use any ideas, concepts, know-how or techniques contained in any Communications you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

PRIVACY POLICY

When you buy merchandise from us, or otherwise use this Website/App, we may ask you to provide us with personal information about yourself. Personal information that you provide to EMIAN BÖHE through this Website/App shall be subject to our privacy policy.

YOUR ACCOUNT

You may choose to create an account ("Account") on this Website/App. You may not be able to access or use certain features of or services offered on this Website/App if you do not have an Account. If you would like to create an Account, you will need to input an email address and password to access your Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your device. You will be responsible for all activities that occur under your Account (including, but not limited to, any purchases of our merchandise made through your Account) unless you notify us that your Account is being used by a third party without your consent. We may terminate your Account, at any time, and without prior notice to you if: (a) we reasonably believe that you are using your Account in breach of these Terms of Use, (b) we reasonably believe that a third party is using your Account without your consent, or (c) we need to terminate or suspend your Account for security or maintenance purposes.

LINKING

From time to time, this Website/App may contain links which will direct you to external websites or webpages operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this Website/App. EMIAN BÖHE does not control and is not responsible or liable for the accuracy, security or reliability of any Third Party Sites or for any content, advertising, products or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and EMIAN BÖHE will have no liability to you for any loss or damage that you suffer (including, but not limited to, any loss or damage to your device, equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Sites and/or their content, or caused by or in connection with any purchase of goods or services available on or through any such Third Party Sites.

DISCLAIMER

EMIAN BÖHE takes all reasonable measures necessary to try to ensure that this Website/App and the Content are free from viruses and defects but cannot guarantee that your device, equipment, hardware or software or any data stored or created by your device, equipment, hardware or software (collectively, "Equipment") will not be damaged, corrupted, lost or otherwise affected if you access or use this Website/App or any Content. EMIAN BÖHE recommends that you take all steps necessary to protect your Equipment when using this Website/App or any Content, such as installing reputable anti-virus software.

OUR LIABILITY

We will not be liable to you for (a) any loss of or corruption to data, (b) loss of or damage to your device and/or equipment, (c) any loss or damage which was not foreseeable by both you and by us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. Nothing in these Terms of Use excludes or limits our liability to you for fraud or for death or personal injury caused by our negligence or for any other liability which may not be excluded or limited under any applicable law.

GENERAL TERMS

These Terms of Use are governed by the laws of Spain.