APPLICATION OF TERMS & CONDITIONS OF SALE
The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by Smart Products Corp under the Brania.com® (“Brania.com” or “Seller”) of any product made available by Brania.com (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
By ordering the Product, whether by placing an order by phone, on the Brania.com website (www.brania.com), in person or by any other means, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Brania.com and the Client and supersedes any other terms and conditions that may be provided by the Client. Brania.com’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
“Client” means any person or entity ordering products from Brania.com.
These Terms and Conditions of Sale supersede any pre-printed terms on Client's orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Brania.com.
ACCOUNTS
Account Creation. In order to use certain features of the website (e.g., to use the Services), you must create an account with Brania.com (“Brania.com Account”) and provide certain information about yourself as requested on the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Brania.com Account at any time, for any reason, by following the instructions on the Site.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Brania.com Account login information and are fully responsible for all activities that occur under your Brania.com Account. You agree to immediately notify Brania.com of any unauthorized use, or suspected unauthorized use of your Brania.com Account or any other breach of security. Brania.com cannot and will not be liable for any unauthorized use of your Brania.com account or loss or damage arising from your failure to comply with the above requirements.
As a member of Brania.com, you agree to receive newsletters and promotional emails including third party offers.
BILLING, ORDERS & CREDIT CARD INFORMATION
Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to Brania.com, whether such order is made online on Brania.com’s website (www.brania.com) or by phone.
Brania.com reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Brania.com shall not otherwise be liable to the Client for cancellation of such orders.
When you place your first order, we will save your credit card information for use on all future billings. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing us at online@smart-products.co. We accept Visa and Mastercard as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us
Canadian and United States buyers will be charged in US dollars.
If you choose to cancel your service, you must notify Brania.com at least 5 days before your next billing date.
EXPEDITION
All shipping fees are included in the subscription price you see on www.brania.com. Orders will be packaged and shipped within 1-2 business day after an order is placed. Brania.co will ship to any address in Canada or the United States unless it is commercially unfeasible. Brania.com may be unable to ship to certain remote regions. Brania.com reserves the right to refuse or cancel orders where Brania.com has no commercially reasonable shipping option, and Brania.com shall not be liable to the Client for cancellation of such orders. In such a case, Brania.com will reimburse the sums already paid by the Client. If an ordered item is damaged during shipping, is incorrect, or missing, you must immediately contact Brania.com. To contact us, write to online@smart-products.co or call 800-379-8050
SECURITY
Brania.com works to protect your personal information during transactions using a secure system. Brania.com employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which Brania.com is doing business receives this encrypted information. Other personal information collected by Brania.com is used to ship your order, to contact you in case of need, or to let you know about all the opportunities Brania.com has to offer. You may, at any time, ask that your information is removed from our database.
INDEMNIFICATION
You agree to indemnify, defend, and hold Brania.com harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the “Service Providers”) against all losses, expenses, damages, and costs, including reasonable attorneys fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.
THIRD PARTY
In order to provide added value to our users, Brania.com can affiliate itself to websites operated by third parties. However, even if the third party is affiliated, Brania.com has no control over these linked sites, which have different private data collection methods unrelated to Brania.com. These linked websites are for your convenience only and are therefore accessed at your own risk.
ACT OF GOD
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller's control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller's obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.
ARBITRATION, GOVERNING LAW & JURISDICTION
These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the Florida State.
NO ASSIGNMENT
Client may not assign its rights or obligations under this Agreement without the express written consent of Brania.com.
SEVERABILITY
If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
INTELLECTUAL PROPERTY
Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the “Industrial Property”) is the exclusive property of Brania.co.
Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of Brania.com.
Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Brania.com or create any rights adverse to those of Brania.com. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.
