Terms of Service
Sophie Bille Brahe Inc. (“Sophie Bille Brahe” or “we”), a Delaware corporation with offices located at Hovedvagtsgade 8, 2. floor, 1103 Copenhagen, Denmark, owns and operates us.sophiebillebrahe.com (the “Website”).
Terms of Service
Your use of the Website, and any purchase or sale made through the Website, are subject to the following Terms of Service (“Terms of Service”).
Please read these Terms of Service carefully before using the Website. You expressly acknowledge that you are aware of these Terms of Service and have had access to the same upon entering the Website.
By using the Website, you signify your assent and agreement to these Terms of Service. If you do not agree to these Terms of Service, then you are not authorized to and must not access the Website or purchase any products thereon.
Sophie Bille Brahe may revise these Terms of Service from time to time, and any such posted revised Terms of Service shall be effective for all users as of the “Last Modified” date set forth at the top thereof. Your continued use of the Website after a posted change to the Terms of Service will constitute your acceptance of and agreement to such changes. Consequently, you should consult the Terms of Service regularly.
Sophie Bille Brahe has created this Website to provide information about its company and products for the personal use of the users of the Website (“Users”). Users may download one computer copy or print one copy of the material on this Website for their own non-commercial, educational, private or domestic use only, provided that proprietary notices (for example, intellectual property notices such as copyright© and trademark ™/®) are preserved intact and are not modified, deleted or changed.
Unless otherwise stated, the Website and its entire features, functionality and contents, such as images, photographs (including any person represented in the photographs) illustrations, icons, texts, video clips, written materials and other materials (collectively, “Sophie Bille Brahe Materials”) are owned by Sophie Bille Brahe, or its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws.
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative works based on or use any Sophie Bille Brahe Materials in any way, for any public, commercial, or other purpose not specifically authorized under these Terms of Service or in a writing signed by an authorized representative of Sophie Bille Brahe or the applicable licensor or provider.
If you breach any of these Terms of Service, your permission to use Sophie Bille Brahe Materials will automatically terminate, and any copies that you made of Sophie Bille Brahe Materials must be immediately destroyed.
Any unauthorized use of Sophie Bille Brahe Materials may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Customs and Pricing Policy
Prices on the Website are in USD, excluding local sales tax. Customs and import fees are included in the price quoted on the Website.
All prices and offers remain valid for the period advertised from time to time. The USD price of a product displayed on the Website at the time the order is accepted will be honored, except in cases of patent and technical errors.
If you pay for a product using a credit card that is not denominated in USD, the final price of the product will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
All orders are subject to acceptance and availability.
You select the products you want to buy and add them to the “bag”. Up until the time the order is made, you may change the contents of the bag, and you may, on an ongoing basis, check the contents of the bag and the price of the products.
Please note that items in your bag are not reserved and may be purchased by other customers. Any additional payments, e.g. shipping, will not be calculated until immediately before you are ready to pay.
Once you are ready to order, click “go to checkout,” enter your name, address, email, and telephone number, select the type of delivery, and enter your payment information. You may change the contents of your bag until you confirm your purchase.
Confirm your purchase by clicking the button “Continue to Payment”. After you place your order, you will receive an email acknowledging your order’s details. Importantly, this email is NOT an acceptance of your order. Instead, it is merely a confirmation that we received your order. If we subsequently accept your order, you will receive another email confirmation, as discussed below.
Acceptance of Order
If we accept your order, we will convey our acceptance by either sending you an email stating we have accepted the order or shipping you the product. Special orders, such as non-standard-sized orders or bespoke pieces, are confirmed once payment is received and the final design/sizing is accepted by you.
Subject to applicable law, we reserve the right to not accept your order for any reason or no reason, including, but not limited to, if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set forth in these Terms of Service.
Subject to applicable law, we may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website, whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.
Payment can be made by major credit card (American Express, MasterCard, Visa, and JCB), debit card (Maestro and Visa Electron), PayPal, or any other method that may be clearly advertised on the Website from time to time. Payment will be debited and cleared from your account upon dispatch or reservation of your order by Sophie Bille Brahe.
By placing an order with a credit/debit card, you confirm that you own the credit/debit card used or that you have been specifically authorized by the owner of the credit/debit card to use it to place the order and to make the purchase. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Sophie Bille Brahe, we will not be liable for any delay or non-delivery.
All credit card transactions on this Website are processed using QuickPay, an online payment gateway that encrypts your card details.
Subject to applicable law, we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when you access or order from the Site.
Delivery & Shipment
We ship orders worldwide using a carbon neutral option offered by DHL, UPS and GLS.
Items in stock will ship within 1-2 business days after issuance of the order confirmation, unless otherwise informed that they are out of stock or that the item will take longer to ship (usually done via email).
Once your order is ready to ship, we will provide you an estimated delivery date, tracking information and the invoice for your order.
Right of Cancellation
Except as otherwise stated below, and subject to and in accordance with the terms of the “Notice of Cancellation” and “Return Shipping” sections below, you may cancel any order that you place through the Website (your “Cancellation Right”).
Your Cancellation Right does not apply to custom sized, bespoke, and other special orders. Any such orders may not be canceled once we accept the order, and all such orders are final.
Notice of Cancellation
To exercise your Cancellation Right, you must provide us with written notice of cancellation (the “Notice of Cancellation”) no more than 14 days after the date the product has been delivered to the address specified in your order (the “Cancellation Expiration Date”). For example, if the product was delivered on June 1st, the Cancellation Expiration Date would be June 15th.
We accept Notices of Cancellation sent by regular mail that we receive after the Cancellation Expiration Date, provided they are postmarked on or before the Cancellation Expiration Date.
If the Cancellation Expiration Date occurs on a holiday (e.g., December 25th or January 1st or other federal holiday), the Cancellation Expiration Date is deemed extended to the next business day.
You may provide us with the Notice of Cancellation by email at email@example.com or by regular mail sent to:
Hovedvagtsgade 8, 2. Floor, 1103 Copenhagen, Denmark
Your Notice of Cancelation does not need to include the reason you are canceling the order.
If we shipped you the product, to exercise your Cancellation Right, you must also:
- Package the product in a responsible manner;
- Use the pre-paid shipping label and any additional documentation that we provide to you (we do not accept delivery of products returned COD or sent without the pre-paid shipping label);
- Follow any additional shipping instructions that we provide to you to return the product to us;
- Ensure that we receive the product without undue delay, but in no event later than 14 days after you provide us with the Notice of Cancellation for the product (“Product Return Deadline”);
- Except for normal usage to establish the nature, characteristics, and functioning of the product, return the product in an unused and undamaged condition; and
- Upon our request, provide documentation that reasonably demonstrates when the product was shipped.
When you return the product, you are responsible for ensuring that the package/product arrives undamaged, and you bear the risk of loss until we receive the product.
If returned products show signs of damage or use (other than what is required to establish the nature, characteristics and functioning of the product), we will assess the returned product and estimate the loss in its value due to such damage or use.
You will be liable for any such loss in value, and we may reduce any refund to which you otherwise would be entitled, in whole or in part, by the loss in value.
Subject to and in accordance with the above, we will refund you the purchase price of the returned product, less any loss of value, as soon as reasonably practical following our inspection of the returned product, but in no event more than 10 business days after our receipt of the returned product.
Any refund will be issued to the method of payment that you used to make the purchase (e.g. if you paid for the product using a payment or credit card, any refund would be applied to the card you used to make the purchase).
We encourage you to return the product in its original packaging, enclose a copy of the order confirmation or other documentation of your purchase, and save postal receipts and any track and trace number associated with the return.
Instead of exercising the Cancellation Right and returning the product for a refund, for standard orders placed through the Website, you may return the product to us within 14 days from the date the product was delivered to the address set forth on the order (the “Delivery Date”) and exchange it for another product on our Website. We will cover the shipping costs related to the exchange, and we will refund or charge you (as applicable) any difference in the cost of the products.
If you wish to exchange your order, please send your inquiry to firstname.lastname@example.org, and we will take care of your request as soon as possible.
Please note that custom sizes and special orders are not eligible for return but can be exchanged for other sizes. Bespoke pieces are not eligible for return but can be amended in sizing.
Although we endeavor to ensure that the items, terms, and other content on the Website are accurate, from time to time, the Website may include typographical errors and other inaccurate images, information, or both.
For example, the style, color, or text descriptions of, on, or associated with the products depicted on the Website may be marginally different than those of the product delivered to you. Since the actual colors you see depend on your monitor, we cannot promise or guarantee that your monitor’s display of any color will actually reflect the color of the product delivered to you.
To the extent permitted by law, we shall not be liable for any claims, either direct or in terms of consequential loss, relating to the color of, or other immaterial information pertaining to, the products contained in any of the sections of the Website, whether arising out of or related to breach of duty, breach of contract, tort (including negligence) or any other way.
For the avoidance of doubt, the foregoing does not in any way limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
In addition, the products contain small parts and are not suitable for children under three years old.
Limited Warranty on the Products Purchased Through the Website
THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS PURCHASED FROM OUR SITE ARE DETAILED IN OUR LIMITED CONSUMER WARRANTY, AT US.SOPHIEBILLEBRAHE.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH OUR PRODUCTS.
The Website uses security measures (e.g., passwords and firewalls) intended to prevent the loss, misuse and alteration of information under our control.
We take data security seriously, but given the nature of the Internet, we cannot guarantee that these measures are, or will remain, adequate.
Applicable laws require that some of the information or communication we send to you should be in writing.
When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communication that we provide to you electronically comply with any legal requirement that such communication be in writing.
This condition does not affect your statutory rights.
Transfer of Rights and Obligations
These Terms of Service are between you and us is binding on you and us and on our respective successors and permitted assigns. You may not assign these Terms of Service or any of your rights hereunder, nor may you delegate any of your obligations under these Terms of Service, without our prior written consent. Any purported assignment or delegation of the foregoing is null and void.
We may assign these Terms of Service or any of our rights hereunder, and we may delegate any of our obligations under these Terms of Service, at any time, in our sole discretion.
By placing an order through our Website, you warrant:
(a) That you are legally capable of entering into a binding contract; and
(b) That you are at least 18 years old.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by any act, event, omission, non-happening, or accident outside our reasonable control, including (without limitation) industrial action, civil commotion, war, riot, terrorist act, fire, explosion, storm, flood, any natural disaster, impossibility of use of appropriate modes of transport, or technological or communication problems (each, a “Force Majeure Event”).
Our performance hereunder shall be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period.
We will use our reasonable endeavors to bring the Force Majeure Event to an end or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations under these Terms of Service, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder or under applicable law, such failure shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you, in writing, by Sophie Bille Brahe.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently), and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.