Conditions of Use

Last updated: June 13, 2020

Welcome to Brollymart.com Brollymart.com Services LLC and/or its affiliates ("Brollymart") provide website features and other products and services to you when you visit or shop at Brollymart.com, use Brollymart products or services, use Brollymart applications for mobile, or use software provided by Brollymart in connection with any of the foregoing (collectively, "Brollymart Services"). Brollymart provides the Brollymart Services subject to the following conditions.

By using Brollymart Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Brollymart Services, and sometimes additional terms may apply. When you use an Brollymart Service (for example, Your Profile, Gift Cards, Brollymart Video, Your Media Library, Brollymart devices, or Brollymart applications) you also will be subject to the guidelines, terms and agreements applicable to that Brollymart Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Brollymart Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Brollymart Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Brollymart Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any Brollymart Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Brollymart or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Brollymart Service is the exclusive property of Brollymart and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Brollymart trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Brollymart Service are trademarks or trade dress of Brollymart in the U.S. and other countries. Brollymart's trademarks and trade dress may not be used in connection with any product or service that is not Brollymart's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brollymart. All other trademarks not owned by Brollymart that appear in any Brollymart Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brollymart.

PATENTS

One or more patents owned by Brollymart apply to the Brollymart Services and to the features and services accessible via the Brollymart Services. Portions of the Brollymart Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Brollymart patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Brollymart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Brollymart Services. This license does not include any resale or commercial use of any Brollymart Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Brollymart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Brollymart or its licensors, suppliers, publishers, rightsholders, or other content providers. No Brollymart Service, nor any part of any Brollymart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brollymart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brollymart without express written consent. You may not use any meta tags or any other "hidden text" utilizing Brollymart's name or trademarks without the express written consent of Brollymart. You may not misuse the Brollymart Services. You may use the Brollymart Services only as permitted by law. The licenses granted by Brollymart terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Brollymart account to use certain Brollymart Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.brollymart.com/mpm to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Brollymart does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Brollymart Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Brollymart Household. Alcohol listings on Brollymart are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Brollymart reserves the right to refuse service, terminate accounts, terminate your rights to use Brollymart Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Brollymart reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Brollymart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Brollymart and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brollymart for all claims resulting from content you supply. Brollymart has the right but not the obligation to monitor and edit or remove any activity or content. Brollymart takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Brollymart respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All purchases of physical items from Brollymart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Brollymart does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Brollymart does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .

PRODUCT DESCRIPTIONS

Brollymart attempts to be as accurate as possible. However, Brollymart does not warrant that product descriptions or other content of any Brollymart Service is accurate, complete, reliable, current, or error-free. If a product offered by Brollymart itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Brollymart and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Brollymart.

With respect to items sold by Brollymart, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Brollymart is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Brollymart, such as the Brollymart App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Brollymart Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Brollymart Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Brollymart Software), technology, and services.

OTHER BUSINESSES

Parties other than Brollymart operate stores, provide services or software, or sell product lines through the Brollymart Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Brollymart. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Brollymart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BROLLYMART SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BROLLYMART SERVICES ARE PROVIDED BY BROLLYMART ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BROLLYMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BROLLYMART SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BROLLYMART SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BROLLYMART SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BROLLYMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BROLLYMART DOES NOT WARRANT THAT THE BROLLYMART SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BROLLYMART SERVICES, BROLLYMART'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BROLLYMART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BROLLYMART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BROLLYMART SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BROLLYMART SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.