This agreement applies as between you, the User of this Web Site operated by Bezel Brothers of Office suite 1, Stephens Place, Spencer st., Castlebar, Co Mayo, F23 FD66, the owner(s) of this Web Site and holding registration number 700369. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bezel Brothers, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Irish and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bezel Brothers.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Bezel Brothers or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.bezelbrothers.com without prior permission.
You agree that, if you have provided Bezel Brothers with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Bezel Brothers and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Bezel Brothers’ website or otherwise provided a copy of it to the third party. You agree to indemnify Bezel Brothers in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Using our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us, or our third party (Token of Trust) with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete, and kept up to date. You should note that a failure to provide true, accurate, complete, and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether you authorize it or not.
To access your Account, you will be required to provide your users name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.
Viruses, Hacking and Other Offences
You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to our Services, the servers on which they are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service or other type of attack.
Any breach of this provision constitutes a criminal offence . We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services, your downloading of any Materials on our Services or on any materials on any other website linked to it.
Using our Services
As a condition of your use of www.bezelbrothers.com you agree that you will not:
- violate any laws;
- violate the Posting Rules;
- post any threatening, abusive, defamatory, obscene or indecent material;
- post or otherwise communicate any false, inaccurate or misleading material or message of any kind;
- infringe any third-party right;
- distribute spam, chain letters, or promote pyramid schemes;
- distribute viruses or any other technologies that may harm www.bezelbrothers.com or the interests or property of www.bezelbrothers.com users;
- impose or contribute to imposing an unreasonable or disproportionately large load on our infrastructure or interfere with the proper working of www.bezelbrothers.com;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access www.bezelbrothers.com and collect content for any purpose without our express written permission;
- copy, modify or distribute rights or content from the www.bezelbrothers.com or Bezel Brothers’ copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent
- bypass measures used to prevent or restrict access to Bezel Brothers;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
You are solely responsible for all information that you submit to www.bezelbrothers.com and any consequences that may result from your post, including possible prosecution by the competent authorities.
We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the present Terms and Conditions. We also reserve the right at our discretion to restrict a user’s usage of www.bezelbrothers.com either temporarily or permanently or refuse a user’s registration. If we believe that you are breaching these Terms and Conditions in any way and/or behaving suspiciously on www.bezelbrothers.com, we may, at our discretion, inform other www.bezelbrothers.com users that have been in contact with you and recommend that they exercise caution.
Conduct on the Platform
Bezel Brothers and www.bezelbrothers.com’s users work together to keep the platform working properly and the community safe. Please report problems, offensive content and policy breaches to us.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off www.bezelbrothers.com if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the present Terms and Conditions (including, without limitation, circumventing temporary or permanent suspensions or harassing Bezel Brothers personnel or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off www.bezelbrothers.com or not, we do not have any obligation to monitor the information transmitted or stored on www.bezelbrothers.com and we do not accept any liability for unauthorized or unlawful content on www.bezelbrothers.com or use of www.bezelbrothers.com by users.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products are offered on www.bezelbrothers.com by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Bezel Brothers.
The focus of the Bezel Brothers platform is the offer of goods for sale and services for use by the respective users within the framework of a so-called online auction. Users can be all natural and legal persons and partnerships who have registered with Bezel Brothers. Transactions between the registered users on the marketplace created by the Bezel Brothers platform may be consumer-to-consumer (C2C) transactions between private individuals, business-to-consumer (B2C) transactions between Vendors and private individuals, or business-to-business (B2B) transactions between Vendors.
Bezel Brothers merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the marketplace.
Bezel Brothers does not itself become a contracting party to the contracts concluded exclusively between the users of this marketplace. The performance of contracts concluded with Bezel Brothers is also exclusively between the users.
The users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, Bezel Brothers does not guarantee
(a) the accuracy and completeness of the statements and declarations made in relation to the items offered,
(b) the items offered as such; and
(c) the conduct and performance of the offering third party.
Users are required to comply with applicable laws when using Bezel Brothers. It is each user’s own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties. Users may not use addresses, contact details and e-mail addresses obtained through the use of Bezel Brothers for any purpose other than contractual and pre-contractual communication. In particular, it is forbidden to resell this data or use it to send advertising, unless the respective users has expressly consented to this in advance.
The content published on www.bezelbrothers.com by the respective users is generally not reviewed by Bezel Brothers and does not represent the opinion of Bezel Brothers.
Bezel Brothers can only perform a limited review of the data provided during registration. Therefore, no guarantee can be given for the accuracy of the data provided by the respective users. It is therefore not impossible that incorrect contact details have been entered for a users account. Each users must therefore satisfy himself/herself of the identity of his/her contractual partner.
Insofar as offers and content are also to be displayed on mobile end devices, Bezel Brothers has the right to technically edit, prepare and adapt offers and content of users in such a way that they can also be displayed on mobile end devices or software applications of third parties. The users themselves are responsible for the offer of the offers on mobile end devices.
All natural and legal persons and partnerships may be users. Natural persons must have reached the age of 18 and thus have unlimited legal capacity.
Using Bezel Brothers requires registration as a user and agreement to these Terms and Conditions. A user account is opened. Upon registration, a contract for the use of www.bezelbrothers.com is concluded between www.bezelbrothers.com and the user. There is no entitlement to the conclusion of a user contract. The text of the contract is not stored by Bezel Brothers.
The data provided by the user must be complete and correct. The e-mail address provided must be valid and accessible in the future. Registration with only temporarily accessible e-mail addresses is not permitted. The registration of a legal entity may only be made by a natural person authorised to represent the entity, who must be named. When registering, the user chooses a user name and a password. Admission will then be granted by notifying the user accordingly by e-mail. The provision of false data entitles Bezel Brothers to immediately block the respective user and to terminate the user agreement without notice.
The user name must not infringe any third party rights – in particular name or trademark rights – and must not offend common decency.
Vendors who offer goods or services to consumers are obliged to indicate this in the registration by registering as a commercially acting user.
If the data provided changes after registration, the user himself/herself is obliged to correct the information in his/her user account immediately.
The user undertakes to ensure that no unauthorised third parties obtain knowledge of his/her password. If this nevertheless occurs, or if the user has evidence to this effect, the user is obliged to inform Bezel Brothers immediately. users are generally liable for all activities carried out using their user account.
Bezel Brothers will not disclose a user’s password to third parties and will never ask a user for his or her password by e-mail or telephone.
A www.bezelbrothers.com Account is non-transferable. Each natural or legal person may only register once with www.bezelbrothers.com. Multiple registrations are only possible with Bezel Brothers’ prior consent.
In principle, there is no entitlement to admission to Bezel Brothers.
If there is concrete evidence that a user is violating legal regulations, the rights of third parties, the Bezel Brothers Terms and Conditions or the Bezel Brothers principles, Bezel Brothers may take the following measures – taking into account the legitimate interests of the respective user – at its own discretion:
- delete offers or other content,
- limit or restrict the use of the marketplace,
- warn users,
- temporarily block the user’s account.
Facts which are suitable to justify termination of the user relationship without notice also justify a permanent blocking of the user account. Facts justifying termination without notice shall be deemed to exist in particular if
- the user has provided false information when registering,
- there is a recognisable misuse of the trading platform,
- the functioning of the trading platform is damaged or impaired by the user,
- there is a breach of other statutory provisions, third party rights or the Bezel Brothers Terms and Conditions.
In the event of termination by Bezel Brothers, the user is not entitled to re-register with www.bezelbrothers.com and may not use any other user accounts.
Use of stored data and data protection
As part of the services on www.bezelbrothers.com, Bezel Brothers has access to various information about users, including personal data. This includes, in particular, information that users provide to Bezel Brothers as part of the services used on www.bezelbrothers.com (including contact details and product data) as well as data generated by the transactions carried out on Bezel Brothers (including communication between users and rating awards, sales statistics).
Bezel Brothers will only disclose information about users to third parties if this is necessary to provide the services on www.bezelbrothers.com or Bezel Brothers is legally or contractually entitled to do so.
After termination of the user agreement, Bezel Brothers retains information only to the extent that Bezel Brothers is legally obliged to do so or has a legitimate interest in doing so. Any further data provided by the user or generated by his use will be deleted from his account. Aggregated data or data relating to the user’s actions on the platform may be made available by Bezel Brothers to all visitors, even after termination of the user account or blocking. This data will in principle continue to be kept after the end of the contract.
Bezel Brothers is not liable for damages, except in the case of breach of material contractual obligations, only if and to the extent that Bezel Brothers, its legal representatives, officers or other vicarious agents are guilty of intent or gross negligence. In the event of a breach of material contractual obligations, Bezel Brothers is liable for any culpable conduct of its legal representatives, officers or other vicarious agents. However, the claim for damages for breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. Liability for compensation for indirect damage, in particular for loss of profit, exists only in the event of intent or gross negligence on the part of Bezel Brothers’ legal representatives, executives or other vicarious agents. Bezel Brothers’ liability is otherwise excluded.
The aforementioned exclusions and limitations of liability vis-à-vis Vendors or consumers do not apply in the event of Bezel Brothers’ assumption of express warranties and for damages arising from injury to life, limb or health and in the event of mandatory statutory provisions.
Liability for the consequences of technical defects of whatever nature and for whatever reason is excluded.
Also, we will have no liability whatsoever for goods not sent or goods in transit. The buyer bares the responsibility of the cost of returning the goods to the seller in order to get a refund. This does not affect a purchasers right to request a refund if the goods are not as described.
Bezel Brothers merely provides the technical and organisational infrastructure to ensure the proper conduct of business on the marketplace. Bezel Brothers is not involved in the contracts concluded on this platform. Bezel Brothers does not assume any warranty and/or guarantee for the description, properties, prices, availability, legal admissibility of the offers as well as the conduct of the contracting parties.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. It is not possible to develop and operate computer programs (software) and data processing equipment (hardware) completely free of errors and to exclude all imponderables in connection with the medium of the Internet (hereinafter referred to as “technical defects”). Therefore, Bezel Brothers does not guarantee and cannot guarantee the constant and uninterrupted availability of its websites and technical systems.
Bezel Brothers does not guarantee that technical services offered by www.bezelbrothers.com (e.g. the automatic creation of invoices and delivery notes within the framework of the www.bezelbrothers.com shop systems) will be available at all times without errors and/or will be available at all times.
If Bezel Brothers` websites are technically or actually unavailable due to maintenance or for other reasons for which Bezel Brothers is responsible, Bezel Brothers reserves the right to change or extend the duration of current articles at its own discretion.
The user indemnifies Bezel Brothers against all claims asserted by other users or other third parties against Bezel Brothers for infringement of their rights by offers and content posted by the user in Bezel Brothers or by the user’s other use of the marketplace (including the ratings submitted by the user). In particular, this applies to all images, image sequences, texts, videos, trademarks which sellers use in the context of their offer. In this regard, the user also assumes the costs of Bezel Brothers’ necessary legal defence, including all court costs and lawyers’ fees. This does not apply if the user is not responsible for the infringement.
In the event of a claim by a third party, the user is obliged to provide Bezel Brothers immediately, truthfully and completely with all information required for the examination of the claims and a defence.
Users may not use any mechanism, software or other routine in connection with the use of www.bezelbrothers.com that is likely to interfere with the operation of www.bezelbrothers.com or that imposes an unreasonable or excessive load on www.bezelbrothers.com’s infrastructure.
The content stored on www.bezelbrothers.com may not be copied or distributed, used or reproduced in any other way without the prior consent of the rights holder. This also applies to copying by means of “robot/crawler” search engine technologies or by other automatic mechanisms.
The Vendor sets a starting price when setting up his/her offer.
The Vendor also determines the duration of his offers. Bezel Brothers` system time clock alone shall be authoritative in determining the end of the offer period.
An offer by a user expires only after a subsequent, higher offer by another user. Offers received after the expiry of the offer period or which do not reach the fixed starting price are invalid.
The Vendor undertakes to provide truthful information in the offer within the framework of the product or service description about ownership, power of disposal, delivery period, as well as payment processing of the goods or services offered. This information is binding. Defects which reduce the value of the goods or services more than insignificantly must not be concealed. In addition, full information must be provided on the details of payment and delivery.
The price of the respective offers is understood to be the final price including any TAX and other price components. The sales price does not include delivery and shipping costs or any costs that may arise through duty and local taxes.
The description of an item may not contain any advertising for other items and no reference (link) to other sources of information (e.g. websites) that do not exclusively describe the item offered. Product photos may not contain any watermarks, logos or text components of the user and may only show the product itself. It is forbidden to manipulate the search functions, for example by improperly inserting brand names or search terms into the item name or description.
Multiple listings of identical or similar articles are to be refrained from. This applies to multiple listings in the same or different categories. Each article may only be posted once. Should there be a large number of identical or similar articles, this is to be shown by stating the number of items in the respective offer.
Users are required to comply with applicable laws and other rules governing conduct on www.bezelbrothers.com when using www.bezelbrothers.com. It is each user’s own responsibility to ensure that their offers and content are lawful and do not infringe the rights of third parties. This also applies to the item description as well as the images used in it. Bezel Brothers has a claim against the user for indemnification against claims made by third parties due to the infringement of a right by the user. The Vendor warrants to both Bezel Brothers and all users who submit an offer during the offer period that
(a) he may transfer title to the goods immediately after the conclusion of the contract,
(b) in the case of goods, he may freely dispose of them,
(c) in the case of Goods, he will not otherwise dispose of them until the end of the next but one working day after the end of the Offer Period; and
(d) the item is not encumbered with the rights of third parties, and
(e) no copyrights, patents, trademarks, trade secrets or other industrial property rights, personal rights or data protection rights of third parties are infringed.
In order to ensure that the offers are carried out properly, Bezel Brothers is entitled, without giving reasons, to give offers to
(a) to assign a product category other than that selected by the Vendor; or
(b) not to include them in the offers or to remove them from the list of items offered at a later date at any time.
Vendors offering goods or services to consumers are obliged to provide them with the consumer protection information required by law and to inform them of the statutory right of withdrawal, if such a right exists.
Relatives or related persons of a Vendor are not entitled to submit offers for the Vendor’s items. Bid rigging among users is also not permitted. In the event of infringements, the persons concerned will be excluded from the Bezel Brothers trading platform without prior warning.
Bezel Brothers makes no warranty or offer that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Bezel Brothers accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
We reserve the right, but not the obligation, to:
- monitor the Site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Advertising and Sponsorship
Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
Unauthorised commercial or bulk use may slow down the speed of the service we can provide for our customers. We will monitor the use of our services. If we detect commercial or bulk usage before we have sent the results of our search, we may abort the search. In any event, we reserve the right to take action against those using our service in an unauthorised way, to prevent disruption of our service to genuine customers, and to recover any losses we suffer.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Limitation of Liability
To the maximum extent permitted by law, Bezel Brothers accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Bezel Brothers’ liability for death or personal injury resulting from any negligence or fraud on the part of Bezel Brothers.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Ireland Consumer Protection Act. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by email. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Bezel Brothers shall be governed by and construed in accordance with the Law of Ireland and Bezel Brothers and you agree to submit to the exclusive jurisdiction of the Courts of Province of Ireland.