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TERMS AND CONDITIONS
IQ - brand, design & production GmbH Österreich, Schlitters
The present General Terms and Conditions of gloryfy unbreakable consist of the following sections: 1. preamble; 2. use of the website; 3. conditions of purchase and 4. miscellaneous, as well as the conditions or the document, policy, which is/are linked herein (hereinafter "General Terms and Conditions").
https://www.gloryfy.com as well as numerous gloryfy subdomains (the "Website") is operated by or on behalf of IQ brand, design & production GmbH, 6262 Schlitters 90, Austria. If you place an order via this Web Site, upon confirmation of the acceptance of your order a purchase agreement shall be concluded between you and IQ brand, design & production GmbH, 6262 Schlitters 90, Austria, to which these Terms and Conditions and in particular the Terms and Conditions of Purchase set out below shall apply. (hereinafter referred to as: gloryfy / gloryfy unbreakable / we / us)
2. CONDITIONS OF PURCHASE
Please read these terms of purchase carefully before ordering products online via the gloryfy websites.
2.1 SCOPE OF APPLICATION
These Terms and Conditions of Purchase shall apply to all offers and agreements relating to the sale and delivery of products by IQ brand, design & production GmbH, 6262 Schlitters 90, Austria. Consequently, by placing an order via the "gloryfy" website, by placing an order via a website directly linked to the website or by accepting an offer from us, you agree to these terms and conditions of purchase. Deviations from these conditions of purchase require our written consent.
We carry various types of products, including products designed and manufactured entirely by us and products which, although designed by us, have been specified or customized by you through selection of colors, design and materials and other personal preferences ("customized products"), hereinafter collectively referred to as "Products". All products displayed on the Website are offered subject to availability. This means that a product displayed on the Website may no longer be available for purchase, although we make every effort to ensure that the Website reflects stock availability, there may be occasional shortages or unavailability. Minor color and print variations and other variations of the products are possible and are due to differences in image capture and display technologies and other reasons. gloryfy unbreakable is not liable for such variations and variations. No rights can be derived from product descriptions, typing or spelling mistakes or obvious errors on the website.
2.3 CONDITIONS FOR CONCLUSION OF CONTRACT WITH IQ brand, design & production GmbH
To buy products through the "gloryfy" websites, you must be at least 16 years old. Orders via the website are only available for consumers, not for resellers. You guarantee that the information you provide us with about inquiries or orders is correct and complete.
2.4 CONCLUSION OF CONTRACT
2.4.1 General Provisions
The following provisions apply to all types of products. All information on the website is exclusively an invitation to purchase gloryfy products. Consequently, this information is not to be understood as an offer or binding contract. You agree that your order is an offer to purchase the products listed in your order.
All orders placed require confirmation by IQ brand, design & production GmbH, 6262 Schlitters 90, Austria. IQ brand, design & production GmbH, 6262 Schlitters 90, Austria is entitled to confirm orders at any time in advance and/or to refuse orders without stating reasons and without assuming liability towards you or third parties. If IQ brand, design & production GmbH, 6262 Schlitters 90, Austria does not confirm your order within ten (14) working days, it will be deemed to have been rejected.
IQ brand, design & production GmbH, 6262 Schlitters 90, Austria is entitled to reject your orders at its own discretion. Orders may be rejected for the following reasons, among others:
- if we cannot obtain authorization for your payment;
- if (a) product(s) is/are displayed on the Website but is/are no longer available;
- if a product is subject to shipping restrictions;
- if product ads on the website contain an (obvious) error
In the event that we do not accept your order (in whole or in part), IQ brand, design & production GmbH, 6262 Schlitters 90, Austria is entitled to cancel your order (in whole or in part) without any liability to you or any third party. After a cancellation, we will of course refund the amount you paid to us for the cancelled order (or the cancelled part thereof).
IQ brand, design & production GmbH, 6262 Schlitters 90, Austria also reserves the right to cancel your order even after the conclusion of the purchase agreement for the reasons set out in this Article 2.4.1. above under letters a to d, thereby terminating the purchase agreement. After a cancellation we will of course refund the amount you paid to us for the cancelled order (or the cancelled part of it).
gloryfy unbreakable has the right, and fully reserves this right, to refuse orders that IQ brand, design & production GmbH knows or reasonably believes to have been placed with the assistance or involvement of web crawlers, software, web spiders, robots, or other automated means or devices of any other kind.
2.4.2 Special Provisions for Contracts for Non-individualized Products
After placing your order, we will send you an order confirmation by e-mail containing your details of the products, order number you have offered to purchase and delivery details. Acceptance of your order and the conclusion of a contract for the purchase of gloryfy eyewear or other products between you and IQ brand, design & production GmbH will only take place when:
- you receive confirmation from us that your products have left our warehouse; or
- you receive a confirmation from the shipping company that your order is ready for pickup (if you have selected the pickup from the shipping company option), or the shipping company has deposited your ordered products at a packing station; or
2.4.3 Special provisions for contracts for customized products
After placing an order for customized products, including OPTICS products where we perform optical glazing, we will send you an order confirmation by e-mail. Unless the provisions of Article 2.4.1 apply, your order is accepted with the receipt of the order confirmation via e-mail and a contract of sale for customized products is concluded between you and us with the receipt of this order confirmation.
2.5 RETENTION OF TITLE
All products remain the property of IQ brand, design & production GmbH, 6262 Schlitters 90, Austria, until you have made all payments owed to us under contracts in full, including costs and any subsequent, early or partial deliveries. You shall not be entitled to sell, dispose of or encumber products before the ownership of such products has passed to you in full.
2.6 CAREFUL HANDLING OF THE GLORYFY PRODUCTS
Please also note the care instructions on the extensive accompanying documents, such as warranty booklets. We are not liable for damage resulting from incorrect handling of the products, including improper handling.
2.7 CANCELLATION OF ORDERS
Notwithstanding your right of withdrawal, under a few circumstances you may cancel your order for non-customized products. You can return products within 14 days without giving any reason kostentelnos.
All prices quoted are inclusive of value added tax. All prices are indicated in Euro (€). IQ brand, design & production GmbH, 6262 Schlitters 90, Austria reserves the right to change prices prior to placing an order.
We reserve the right to limit or end special offers or discounts at any time.
IQ brand, design & production GmbH, 6262 Schlitters 90, Austria is also entitled to charge shipping costs. The shipping costs vary depending on the product and shipping method. Shipping costs will be invoiced separately and shown on the invoice.
2.9 PAYMENT METHODS
If IQ brand, design & production GmbH, 6262 Schlitters 90, Austria is required by law or issues or makes available invoices at our discretion, we reserve the right to issue or make available electronic invoices and you agree to this form of invoicing.
2.11 SPECIAL PROVISIONS FOR CUSTOMER-SPECIFIC PRODUCTS
In order to specify and personalize your customized products, you can partly be creative yourself, but stay within the bounds of decency. We reserve the right to remove indecent language and brand names.
We kindly ask you not to use, upload, transmit, copy or otherwise make public any names, words or phrases that:
- the name of a product of a company, organization, or event owned by a third party or include such name
- infringe the intellectual property rights of any third party;
- are the name of or contain the name of a famous person (living or deceased);
- pose a threat, incite violence or are defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise unlawful; and/or
- are otherwise unacceptable at the sole discretion of IQ brand, design & production GmbH, 6262 Schlitters 90, Austria.
gloryfy unbreakable reserves the right to reject specifications, names, words or phrases (or combinations thereof) if they fall into any of the above categories. This will result in the cancellation of your order. Furthermore, IQ brand, design & production GmbH is entitled to claim damages in the amount of the value of the ordered product.
Please note that by placing an order for customized products:
you agree to hold gloryfy unbreakable permanently harmless against all costs, expenses, losses and liabilities incurred or suffered by gloryfy unbreakable as a result of names, words or phrases you use, upload, transmit, copy or otherwise make public (including through use on your customized product);
IQ brand, design & production GmbH, 6262 Schlitters 90, Austria delivers to the address you have specified. We can only deliver to residential or business addresses or to packing stations of the shipping service provider. We will inform you by e-mail as soon as your products are ready for collection. In the event of an unsuccessful delivery attempt, you agree that the shipping service provider commissioned by us to make the delivery can also deliver the products to a neighboring address or an address in the vicinity or to a packing station of the shipping service provider and that glorfy unbreakable has thus fulfilled its delivery obligations for the products. The shipping service provider will notify you of the delivery to a neighboring address/address in the vicinity or to a packing station.
Shipment will be made on business days, except on public holidays, at the location of our warehouse. Please note the public holidays, including all national and/or regional holidays, in your country of residence.
Please note that public holidays may vary depending on the country and year and therefore different delivery times may occur.
All delivery times are approximate and therefore not to be considered as final deadlines or dates. The fact that the delivery time has been exceeded does not entitle you to compensation. Notwithstanding this, in the unlikely event of a delay in an express delivery, we may, at our sole discretion, refund the full cost of that express delivery. Please note that different delivery times apply for customized products. If your order contains standard products and customized products, extended delivery times apply.
As far as reasonably possible, gloryfy unbreakable is entitled to make partial deliveries to ensure that you receive your products as quickly as possible and to provide you with the best possible service. There are no additional costs for partial deliveries. However, if you expressly request a partial delivery, we can charge you for any additional shipping costs. Each partial delivery is considered a separate purchase contract.
If gloryfy unbreakable exceeds the delivery time for a part of a partial delivery or if a partial delivery has defects, this does not entitle you to cancel other parts of the partial delivery.
2.13 RETURN AND CANCELLATION POLICY
In the event that you are entitled to revoke a sales contract with us and therefore return your product(s), the following terms and conditions apply.
Declaration of revocation and return of products: In order to exercise your right of revocation, you must send us IQ brand, design & production GmbH, 6262 Schlitters 90, Austria (e.g. by post, fax or e-mail) a clear statement of your revocation of your purchase contract. Please return the non-customized product to the following address:
gloryfy unbreakable, IQ brand, design & production GmbH, Schlitters 90, AUSTRIA
We will notify you by e-mail as soon as we have received and processed your return.
Please note that special conditions apply to customized products, which also include optical lenses / glasses specially made for you, as these products were manufactured according to your wishes / visual values. Therefore, we cannot (without prejudice to your legal rights) accept the return of customized products under the voluntary return guarantee, unless the products have manufacturing defects.
2.14 LEGAL RIGHT OF REVOCATION
You are entitled to revoke this contract within fourteen (14) days without giving reasons. The fourteen (14) day revocation period shall commence on the date on which you or a third party designated by you, other than the shipping service provider, took possession of the Products or, if your order consists of several separately delivered Products, on the date of delivery of the last Product(s) of your order (hereinafter "Revocation Period"). To comply with the cancellation period, you must notify us before the end of the cancellation period that you are exercising your right of cancellation.
You must then return your Product(s) to us immediately, but no later than fourteen (14) days after the date on which you have notified us of your cancellation, in accordance with the provisions of the Return and Cancellation Policy in Article 2.13, in suitable packaging. This deadline will be deemed met if you return the gloryfy unbreakable products before the deadline.
If you enter into a purchase agreement during the cancellation period in accordance with our return and cancellation policy (Article 2.13) and this Article 2. 14, we will reimburse you within fourteen (14) days at the latest from the date on which we have received your notice of withdrawal, for all payments already made by you, including shipping costs (provided that the returned gloryfy unbreakable standard product(s) represent(s) the entire order, and excluding additional costs caused by the fact that you have chosen a shipping method other than the cheapest standard shipping offered by us, if available). For this refund, we will use the same payment method you used for the original transaction, unless we agree otherwise with you; in no event will we charge you for refunds. IQ brand, design & production GmbH has the right to withhold the refund until we have received the returned products or until you have submitted proof of return of the products, whichever occurs earlier.
Restrictions of cancellation:
You have no right of withdrawal, neither in accordance with article 2.14 nor 2.15 for contracts about: The delivery of products that have been manufactured according to your own specifications, wishes and visual values or that are clearly tailored to your personal needs (customized products).
2.15 RETURN OF "CUSTOMIZED" PRODUCTS
As explained in article 2.13, customer-specific products as an example optically manufactured lenses / glasses cannot be returned except in case of manufacturing defects, as these products have been manufactured especially for you. If your customized product has a defect, please contact our customer service by mail: firstname.lastname@example.org
2.16 EXCHANGE POLICY
gloryfy unbreakable products are generally excluded from exchange. If you wish to exchange a product, you must return your order for a refund and place a new order. Refunds for returns will only be made if the return is in accordance with our return and cancellation policy of IQ brand, deisgn & production GmbH as set out in article 2.13.
2.17 DAMAGED OR DEFECTIVE PRODUCTS
Quality is a top priority for gloryfy unbreakable. gloryfy unbreakable products are tested under extreme conditions to ensure that they offer optimum performance for every application. It is extremely rare for gloryfy unbreakable products to show damage or defects. IQ brand, design & production GmbH is legally obligated to ensure that all our gloryfy unbreakable products comply with the sales contract.
Returned products will be subjected to quality assurance and inspection, and refunds will be made if the defect is due to a production error. Gloryfy unbreakable undertakes to refund the price of defective products in full.
If the defect is due to a cause other than material quality or the production process, we will return the original product to you. We do not make refunds for products that:
- have been damaged by misuse or negligent use (e.g. because they have been exposed to chemicals, corrosive substances, including in some cases sun creams, hair gels, etc., open flames, high heat, sharp objects, etc.); and/or
- were not obtained via the gloryfy websites;
- have been damaged by misuse or activities that do not correspond or do not correspond to the intended purpose (e.g. when sports glasses are used as safety glasses)
Products whose damage is due to normal wear and tear or exceeding the reasonable product life are excluded from replacement.
3. USE OF THE WEBSITE
3.1 WEBSITE CONTENTS
All content made available or displayed on the gloryfy website, including but not limited to trademarks, logos, texts, graphics, photos, illustrations, moving images, symbols, audio content, illustrations and software (hereinafter "Content"), is the property of IQ brand, design & production GmbH, 6262 Schlitters 90, Austria. All stylistic elements on the gloryfy websites, including but not limited to the general design and content, may be protected by personal rights, copyrights, database rights, trademark rights or other rights relating to intellectual property rights. Except as expressly permitted under these terms and conditions or other agreement with IQ brand, design & production GmbH, no part or element of the website or its contents may be copied or otherwise distributed. Unless expressly agreed otherwise, the Website, its contents and all rights associated therewith shall remain the exclusive property of IQ brand, design & production GmbH AG. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright to all content is and remains the property of IQ brand, design & production GmbH. Except as may otherwise be stated in certain documents on the Website, you may view, play, download and print content from the Website solely for personal, informative and non-commercial purposes. You may not modify the material provided or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. You may not reuse any content without the prior consent of IQ brand, design & production GmbH. For the purposes of these Terms, the use of the Content on other websites or in networked computer environments is prohibited. You may not remove any trademark, copyright or other proprietary notices from any Content on the Site.
In the event that you download software (including but not limited to smartphone applications, icons, videos and desktop backgrounds) from the website, the software, including files, images contained in or generated by the software and data belonging to the software (hereinafter jointly referred to as "software") is granted to you by gloryfy under license. IQ brand, design & production GmbH does not transfer any rights to the Software to you. Even if the medium on which the Software is stored is your property, the ownership of the Software and all associated property rights remain completely and comprehensively with gloryfy unbreakable. You are not permitted to pass on, sell or in any way process the software.
Without the prior written consent of gloryfy unbreakable, you may not use, copy, reproduce, publish, upload, post, transmit, distribute or modify the trademarks in any form, including in advertisements, screen designs or advertising for the marketing of material on the gloryfy websites. Without the prior express written consent of gloryfy, the use of the trademarks on other websites or in networked computer environments, for example, the storage or reproduction (even partial) of the website on an external Internet website or the creation of links, hypertext, links or deep links between the website and other Internet websites, is prohibited.
3.3 EXCLUSION OF WARRANTY
The gloryfy websites and the contents are provided free of charge and as they look and are presented, without any guarantees of any kind. gloryfy unbreakable does not represent or warrant that the information and/or facilities on the website are correct, complete or up-to-date or that the website or the server via which the website is made available is free of viruses or other harmful components. Consequently, gloryfy cannot represent or warrant that the website will be uninterrupted or error-free. gloryfy does not make any warranties or representations as to the accuracy, correctness, adequacy, timeliness, usefulness, reliability or other qualities of the content of the website, to the fullest extent permitted by law.
3.4 LIMITATION OF LIABILITY
3.5 LINKS TO THIRD PARTY WEBSITES
3.6 MISUSE OF THE WEBSITE
You may not use any software, web crawlers, web spiders, robots, page scrapers or other automated means or devices of any kind to access, copy, interfere with or monitor the website or any part of the website or its contents. You are also prohibited from circumventing the structure or presentation of the website or its contents or from disrupting the operation of the website or transactions via the gloryfy websites or from disrupting or interfering with the use of the website, by whomsoever, or to assist third parties in purchasing products of any kind via the website.
You may not attempt to gain unauthorized access to any part or feature of the website or systems connected to the website by password mining, hacking or any other unlawful, unauthorized means.
3.7 USER-GENERATED CONTENT
Alle Informationen, Videos und sämtliches sonstiges Material, die Sie oder andere Nutzer der Website auf der Website posten oder über die Website übermitteln (nachfolgend „nutzergenerierte Inhalte“), werden nicht vertraulich und als nicht eigentumsrechtlich geschützt behandelt. Dementsprechend hat gloryfy unbreakable das nicht-ausschließliche, gebührenfreie Recht, nutzergenerierte Inhalte zu jedem Zweck, in jedem Medium und weltweit zu nutzen, zu kopieren, weiterzugeben und Dritten gegenüber offenzulegen (Lizenzgewährung). Sie erkennen an und Sie erklären sich einverstanden damit, dass gloryfy lediglich als passiver Kanal für die Weitergabe von nutzergenerierten Inhalten agiert und gegenüber Ihnen oder Dritten nicht verantwortlich oder haftbar für den Inhalt oder die Richtigkeit der nutzergenerierten Inhalte ist. gloryfy unbreakable überwacht nicht kontinuierlich die von Ihnen veröffentlichten nutzergenerierten Inhalte und moderiert auch nicht zwischen Nutzern, und gloryfy hat diesbezüglich auch keinerlei Pflichten. Unbeschadet der allgemeinen Gültigkeit des Voranstehenden erkennen Sie an und erklären Sie sich einverstanden damit, dass sämtliche Anmerkungen, Vorschläge und sonstigen Informationen, die in nutzergenerierten Inhalten ausgedrückt werden oder enthalten sind, nicht notwendigerweise mit denen von gloryfy unbreakable übereinstimmen. Ihre Nutzung von nutzergenerierten Inhalten erfolgt vollständig auf Ihre eigene Gefahr. Sie sichern zu und garantieren, dass Sie der Urheber von sämtlichen von Ihnen geposteten oder übermittelten nutzergenerierten Inhalten sind und dass diese Inhalte keine Kopie der Werke Dritter darstellen, nicht in anderer Weise die Rechte an geistigem Eigentum, Datenschutz- oder Persönlichkeitsrechte Dritter verletzten und keine diffamierenden Äußerungen enthalten. Ferner sichern Sie zu und garantieren Sie, dass Sie in der Lage sind, die in diesem Absatz genannte Lizenz zu gewähren. Sie erklären sich einverstanden damit, gloryfy unbreakable jetzt und zukünftig schadlos zu halten gegen sämtliche Kosten, Verluste, Ausgaben, Schäden und Haftungen, die gloryfy mit von Ihnen geposteten oder übermittelten nutzergenerierten Inhalten oder ihrer anderweitigen Nutzung der Website entstehen oder die gegen gloryfy Unternehmen in diesem Zusammenhang geltend gemacht werden.
gloryfy unbreakable behält sich das Recht vor, nach eigenem Ermessen von Ihnen gepostete oder übermittelte nutzergenerierte Inhalte, die gloryfy unbreakable als nicht im Einklang mit diesen Website-Nutzungsbedingungen erachtet (darin eingeschlossen Material, das die Rechte an geistigem Eigentum, Datenschutz- oder Persönlichkeitsrechte Dritter verletzt oder verletzten könnte) oder die in anderer Weise aus Sicht von IQ brand, design & production GmbH nicht akzeptabel sind, (ganz oder teilweise) zu sperren oder zu löschen.
4.1 YOUR CONTACT TO US
If you have any questions or comments about the website or the terms and conditions of gloryfy unbreakable or if you want to make a complaint, you can contact our customer service.
Instead, you can also write to us at the following address:
Customer Service, gloryfy unbreakable, IQ brand, design & production GmbH, 6262 Schlitters 90, Austria
4.2 CONTRADICTORY PROVISIONS
In case of contradictions between the terms and conditions of gloryfy unbreakable and content in other parts of the website or in links, the terms and conditions of gloryfy unbreakable contained in this document shall prevail.
4.3 CHANGES TO THE GLORYFY TERMS AND CONDITIONS
We reserve the right to change these terms and conditions at any time. The use of this website and all sales contracts between you and us are subject to the current version of gloryfy unbreakable's terms and conditions at the time of your order via the website or on the day you visit this website. Please check the terms and conditions of us periodically for changes.
4.4 DATA PROTECTION
4.5 SEVERABILITY CLAUSE
Each provision of the terms and conditions of gloryfy unbreakable is to be interpreted individually and independently of the other provisions. In the event that any provision is found to be invalid, void or otherwise unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the enforceability of the remaining provisions of these Terms and Conditions of gloryfy.
4.6 TRANSFER & SUBCONTRACTING
gloryfy reserves the right to subcontract, transfer, assign, assign our rights and obligations under these Terms and Conditions of Business of gloryfy in whole or in part, provided that your rights under these Terms and Conditions of Business of gloryfy are not affected thereby. You may not subcontract, assign or otherwise transfer your rights or obligations under these Terms and Conditions of Business of gloryfy unbreakable without our written consent.
4.7 FORCE MAJEURE
gloryfy unbreakable shall not be liable for delays in performance or compliance or for failure to perform or comply with our obligations under the terms and conditions of gloryfy, if such delay or failure to perform or comply is due to causes beyond the reasonable control of IQ brand, design & production GmbH.
4.8 APPLICABLE LAW AND JURISDICTION
The present terms and conditions of gloryfy unbreakable are subject to the law of Austria. Austrian law applies to sales contracts; the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This does not affect the validity of the mandatory applicable laws according to the law of the country in which you have your (residence) domicile.
Any disputes arising under these Terms and Conditions may - at your option - either be submitted to the competent court in Austria or to the competent court in the country in which you have your habitual residence, provided that this country is an EU member state; these courts - to the exclusion of other courts - shall have jurisdiction to settle such disputes under these Terms and Conditions.