• Terms of Use
• Privacy Policy
• Return Policy
• Shipping
• Ordering and Payment
• Imprint

Welcome to the Bogner Online ("Bogner") Web site (the "Web site") a division of Bogner of America. This Web site is provided as a service to our customers. Please review the following terms and conditions of use ("Terms and Conditions"), which govern your use of the Web site. Your use of the Web site constitutes your agreement to follow and be bound by the Terms and Conditions. Bogner reserves the right to update or modify the Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Terms and Conditions whenever you visit and use the Web site. If you do not agree to these terms, please exit the Web site immediately.

Warranty Disclaimers and Limitations on Liability

We make no representations or warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, with respect to this Web site, its content, or the information available on or through it; they are provided "AS IS" and "AS AVAILABLE" with all faults. BOGNER DOES NOT WARRANT THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. BOGNER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ANY COMPUTER OF ANY PERSON OR ENTITY USING THE WEB SITE. BOGNER IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE WEB SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL BOGNER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEB SITE. Title to goods and merchandise is retained by Bogner until goods and merchandise are paid for by the purchaser and at that time title passes to the purchaser. Except as otherwise provided under applicable laws, Bogner and its corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Web site or any other Web site linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Indemnification

You agree to indemnify and hold Bogner, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Web site in violation of these Terms and Conditions and/or from any breach of the Terms and Conditions by you. In the event Bogner is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Bogner's reasonable costs, including attorneys’ fees and costs of suit.

Copyright, Trademarks

All components of this Web site are the property of Willy Bogner GmbH & Co KGAA of Germany or its license partners and are protected by United States and international copyright laws:

• All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations -- both individually and as they are compiled on the site.
• All software used on this site is the property of Bogner or its software suppliers and is protected by United States and international copyright laws.

The trademarks or trade dress of Bogner may not be used without our written permission. Trademarks or trade dress include the Bogner name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Bogner products, services, and programs, and those of our affiliates.

All other trademarks not owned by Bogner that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bogner.
Bogner respects the intellectual property rights of others. It is our policy not to permit materials known by Bogner to infringe another party’s copyright to remain on the Web site. If you believe that your work has been copied and is accessible on the Web site in a way that constitutes copyright infringement, or that the Web site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Bogner by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bogner to locate the material;
4. Information reasonably sufficient to permit Bogner to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:
Constantin Brandstetter

Use Restrictions

You have permission to electronically copy and print hard copies of pages from this Web site solely for personal, non-commercial purposes related to placing an order or shopping through our Web site. Unless we give you written permission in advance, any other use of this Web site, its content and its information, including linking or framing to this Web site, is strictly prohibited.
You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Web site for any commercial purpose. You also agree that in using this Web site, you will not impersonate any person or entity.

Links to other Sites

By visiting our Web site, you may link to Web sites operated by our business partners or other third parties. This does not mean that we endorse these Web sites or the content, products or services available on the Web sites. We do not make any representations or warranties about any third party Web site or the content, products or services on any Web site that you may access through this Web site. They are independent from us, and we have no control over, or responsibility for, their information or activities. In addition, our privacy practices may differ from those of these other sites.

Applicable Law

By visiting this Web site, you agree that the laws of the State of Vermont, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or any of our affiliates. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the Bogner Web site (i) any computer virus or other malware that could in any way affect the operation of the Web site; (ii) any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material; (iii) any material that infringes the intellectual property right, personal or propriety rights of any party; (iv) any other material that could give rise to any civil or criminal liability under the law; or (v) anything in contravention of these Terms and Conditions. Bogner reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Web site. However, Bogner has no obligation to take any of these actions.

Disputes, Governing Law

Any dispute relating in any way to your visit to our Web site, Bogner's Terms and Conditions, Bogner's Privacy Policy, or to products purchased here shall be submitted to confidential arbitration in Vermont. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal district court in the state of Vermont. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Waiver

No waiver by Bogner of any rights under these Terms and Conditions constitutes a waiver of any other right, or right to enforce any subsequent breach of these Terms and Conditions.

Product, Pricing and Other Descriptions

Bogner attempts to be as accurate as possible in describing products, displaying colors, providing pricing, offering promotions, and describing availability. Despite our efforts, errors may still occur, and prices are subject to change. Bogner reserves the right to change any prices, correct any errors, inaccuracies or omissions, and to change or update information or cancel orders on the Web site at any time without prior notice (including after you have submitted your order). Bogner does not warrant that product descriptions, colors, pricing, promotions, offers or availability are accurate, complete, reliable, and current or error free. If a product offered by Bogner is not as described, promoted, offered or priced your sole remedy is to return it as described in our Return Policy. Online promotions and prices are not valid in stores. These offers cannot be applied to previous purchases and cannot be combined with any other discount offer.

Right to Change Web site

Bogner reserves the right, at any time in its sole discretion, to: (i) modify, suspend or discontinue the Web site or any service, content, feature or product offered through the Web site, with or without notice; (ii) charge fees in connection with the use of the Web site; modify and/or waive any fees charged in connection with the Web site; (iii) and/or offer opportunities to some or all users of the Web site.
You agree that Bogner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site, or any service, content, feature or product offered through the Web sites.

Personal Information Submitted Through the Web site

Your submission of personal information through the Web site is governed by our Privacy Policy. The Terms and Conditions incorporates by reference the terms and conditions of the Privacy Policy.

To help Bogner achieve the goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to which limited data is given as is necessary in order to complete a shopping transaction or to maintain our relationship with you. Because we respect your privacy, we have implemented procedures to ensure that your personal information is handled in a safe, secure, and responsible manner. We have posted this Privacy Policy in order to explain our information collection practices and the choices you have about the way information is collected and used.

Cookies and how we use them

Bogner reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Web site to reflect your preferences. Cookies are small packets of information sent by our Web site through your browser to your computer. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your shopping experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data which you choose to share with us, and are not used to store any personal information such as name, address or payment information. Cookies can be deleted or modified through your internet settings. If you do not want your browser to accept cookies, you can turn off the cookie acceptance option in your browser's setting. You have a choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies you may be unable to fully utilize all of the Web site's features and information.

Children's Privacy

Bogner strictly enforces its Children's Policy. We do not knowingly solicit or collect any information from children under the age of thirteen (13). Should it come to our attention that a child under the age of thirteen (13) has submitted any personally identifiable information we will automatically delete it.

Electronic Communication

When you visit this Web site or send e-mails to us, you are submitting information to us electronically and communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing pursuant to the Privacy Policy or our Terms and Conditions. Should you elect not to receive any e-mail communication please contact info@bogner-america.com.

Security Information

Personal information provided on the Web site and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you're about to enter a secure area. You may purchase online merchandise by calling toll-free 1-800-801-0372 during our call center hours. One of our customer service associates will gladly take your order. We are committed to handling your personally identifiable information with high standards of information security. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Our Web site uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service center and stores also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information. It is important to remember that whatever you transmit or disclose online can be collected and used by others or unlawfully intercepted by third parties. No data transmission is 100% secure.

Browsing the Web Site

As you browse the Web site the Internet protocol (IP) address of your computer, “cookies” (described above) and other standard tracking data we use to evaluate Web site traffic and usage patterns are collected. Such information is aggregated with tracking data from all Web site visitors. If you only browse this Web site, you are not required to provide any personally identifiable information.

Your choices regarding the use of the Information we collect from you

You can contact us at any time at 1-800-801-0372 or e-mail us at info@bogner-america.com to request access to, update, remove your data, or cancel your online customer registration. We will carefully evaluate each request and reply in the appropriate and secure manner. The following information can be accessed, updated or removed: (i) Financial information (such as credit card account information); (ii) Unique identifier information (customer number or password); (iii) Transaction information (dates on which you made purchases, amounts and types of purchases); and (iv) Contact information (name, address, phone number). To the extent that such information is stored in other databases, we cannot always ensure that such updates or deletions will reach the other databases.

How we use the Information we collect

The aggregate information collected by and through this Web site is owned solely by us. We use the information we collect for our internal purposes, in an aggregated form, to measure the number of visits, average time spent on the site, pages viewed, and other relevant statistics. We collect this information to measure the use of our site and to improve the content and processes of our site. We use the information we collect for various purposes, including, but not limited to: (i) to complete your purchase transactions; (ii) to provide the services you request; to send you our catalogs and other offerings by mail; (iii) to keep you informed about the status of your orders; (iv) to identify your product and service preferences so we can notify you of new or additional products, services, and promotions that might be of interest to you; (v) to notify you of product recalls or provide other information concerning products you have purchased; (vi) to improve our merchandise selections, customer service, and overall shopping experience; (vii) to contact you about the Web site, e.g., to inform you of changes to this Privacy Policy or the Terms and Conditions of this Web site; (viii) to inform you of a change in ownership or control of the information collected by and through the Web site; and (ix) to monitor or improve the use of the Web site.

Others with whom we share your Information

If you purchase merchandise on our Web site, we may share your personal identifiable information with a third party company for order fulfillment processing. We will not sell, rent or transfer the personal information you transfer or submit on the Web site to third parties other than for order fulfillment. We may share aggregate information, such as general demographics and Web site usage statistics to third parties, such as third parties that advertise on the Bogner Web site. When general demographic information is shared, we do not share the personally identifiable information you provide on the Web site. We may share your personally identifiable information with employees, agents, parents, subsidiaries, and affiliates of Bogner. The Web site, Bogner and/or a subsidiary or division of Bogner may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, this information, which we have gathered, may be one of the business assets we transfer. In the event we are required to respond to subpoenas, court orders or other legal process, your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.

Third Party Links, Web Sites and Cookies

Our Web site may contain external links to third party Web sites. We have no control over, and are not responsible for-, the content of-, or information gathered by these other Web sites. Any personally identifiable information collected by such third parties is subject to such third parties’ privacy policy.

Returns and Exchanges

All unworn, unwashed merchandise may be returned to Bogner Online within 14 days of the date of receipt for exchange or refund. Defective merchandise does not include that which is damaged due to natural wear, improper usage, or improper care. The returned merchandise must be accompanied by the return and exchange form indicating the reason for your return.

The value of the merchandise returned will be credited to the exact form of payment used for the original purchase. Shipping and processing charges are not refundable.
Please allow 10 to 12 business days for us to receive and process your return or exchange.

Cost of Returns

All shipment costs for returns are the responsibility of the customer. However, for your convenience and cost savings, we recommend using our UPS return label to send it back to:

Bogner Online
172 Bogner Drive
Newport, VT 05855

Using a Prepaid Return Label

From contiguous 48 states only: place the label on your package and ship it via UPS. Please note that your refund will be reduced by $8.00.

To trace your shipment, go to www.ups.com and follow the “Trace and Track” option.

Price adjustments

Prices are subject to change. Previous purchases are not eligible for adjustments.

Exchanges

Exchanges for like items are possible. The exchanged item (s) will be shipped via standard delivery 5 – 7 business days for no extra charge.

Online Purchase Returns

Bogner Web site purchases may only be returned/ exchanged to the prior listed return address. No returns / exchanges for Bogner Web site purchases will be accepted at any of our Bogner Franchise Stores or business affiliates.

Store Purchase Returns

Purchases made at any Bogner franchise store or business partners cannot be returned to the listed return address for Bogner Web site purchases.

Order Cancellation

If you want to change or cancel your order once it's been placed and not shipped yet, please contact our Customer Service Department at info@bogner-america.com or call us at 1-800-801-0372.

Shipping options within the US:

Standard Delivery

Delivery within 5 – 7 business days if ordered Monday through Friday by 2pm Eastern Standard Time (EST).

Second Day Delivery

Delivery within 2 business days if ordered Monday through Friday by 2pm EST. Order (s) placed after Friday 2pm EST will be processed on the following Monday. If requested, add $12.00 to S&P charges.

Next Day Delivery

Delivery on the next business day if ordered Monday through Friday by 2pm EST. Order (s) placed after Friday 2pm EST will be processed on the following Monday. If requested add $22.00 to S&P charges.

Next Day Saturday Delivery

Delivery on Saturday if ordered on Friday by 2pm EST. Order (s) placed after Friday 2pm EST will be processed on the following Monday. If requested add $35.00 to S&P charges.

Additional Charges

For shipments to Hawaii, Alaska, Puerto Rico and Virgin Islands add $15.00 to S&P charges.

Shipping and Processing (S&P) Charges

Shipping and processing charges are not refundable and are subject to change without notice.

Multiple Items Order

Merchandise may be shipped separately due to availability. S&P charges will be assessed on the total order value.

Additional Ship-to Addresses

Multiple ship-to-addresses cannot be serviced within one order at this time. This is subject to change without notice.

Gift Packaging

Gift Packaging Options are not available at this time. This is subject to change without notice.

Canada Shipments

Shipments outside of the United States are not possible at this time. This is subject to change without notice.

International Shipments

Shipments outside of the United States are not possible at this time. This is subject to change without notice. Please visit www.bogner.com for further information on international shipments.

Shipment Information

After your order is processed you will receive a shipping confirmation containing the UPS tracking number. To track your shipment, go to www.ups.com and follow the “Trace and Track” option.

Accepted Form of Payments

Accepted Form of Payments:

• Master Card
• Visa Card
• American Express
• Discover Card

Credit and Debit Cards

Only Credit Cards listed above are accepted. Only debit cards with Master Card or Visa logos are accepted. The total dollar amount of your order is pre-authorized at the time the order is placed. Your credit or debit card is not charged until the order has been shipped.

Gift Card terms of use

Gift card options are not available at this time. This is subject to change without notice.

Shipment Information

Bogner is required by law to charge state and local (if applicable) sales tax for product shipped to CA, MN, NY, TX, CO, VT and WA. Sales tax is also applicable to shipping and processing charges. Your checkout page will show estimated sales tax on your total order amount even though some items may be tax exempt. The correct sales tax will be shown on your sales confirmation. Your credit card will be charged with the correct sales tax when product is shipped.

For Content Management, Fulfillment and Corporate Information contact:

Bogner Online
Division of Bogner of America
172 Bogner Drive
Newport, VT 05855
USA
info(at)bogner-america.com
Phone: 800-801-0372

For Design and Online management contact:

dmc digital media center GmbH
Rommelstraße 11
70376 Stuttgart, Germany
E-Mail: info(at)dmc.de
www.dmc.de

For Fulfillment software contact:

Fortuneglobe, Munich – Germany
Fortuneglobe GmbH * Augustenstrasse 54 * 80333 Munich
th(at)fortuneglobe.com
www.fortuneglobe.com