Terms of Service

1.1 Introduction

The website btomic.kr (hereinafter referred to as the “Website”) is operated by BTOMIC GROUP LIMITED (hereinafter referred to as “BTOMIC”, “it”, “its”, “we”, “us”, “our”), a legal entity registered at B53, 2/F, Phase 1, Kwai Shing Industrial Building, 36-40 Tai Lin Pai Road, Kwai Chung, New Territories, Hong Kong. Hong Kong local laws apply. By accessing and using this Website, you are deemed to agree to be bound by these Terms of Use. These Terms of Use apply to your use and sale of this Website, products, and all other services we provide to you (hereinafter collectively referred to as the “Services”).

1.2 Acceptance of Terms

Please read these Terms carefully before accessing the Website or using our Services. If you do not agree to any part of these Terms, you must immediately leave the Website and discontinue using our Services.

1.3 Changes to Terms

BTOMIC reserves the right, at its sole discretion, to modify, amend, change, or delete any part of these Terms of Use at any time. Updated Terms shall take effect immediately upon their posting on the Website, and the "Last Modified Date" shall be updated accordingly.

1.4 Registered Address and Governing Law

This company is a legal entity duly established under the laws of the Hong Kong Special Administrative Region, and its registered address is in the Hong Kong Special Administrative Region. Unless otherwise explicitly agreed, the conclusion, validity, interpretation, performance, and dispute resolution of this website and related service terms shall all be governed by the laws of the Hong Kong Special Administrative Region.

For any dispute arising from or related to these service terms or the services we provide, the parties shall first resolve it through friendly consultation. If consultation fails to resolve the dispute, each party may submit the dispute to the competent courts of the Hong Kong Special Administrative Region for resolution.

2.1 Purpose of the Website and Services

BTOMIC operates this website and services to provide customers with high-quality and sustainable luxury goods. It also aims to share information related to watchmaking, jewelry, company news, events, services, and other corporate matters with website users and the broader community.

2.2 Changes to Features, Content, and Availability

Please note that all features, content, specifications, and prices related to the website or other services may be changed at any time without prior notice. The posting of any product or service on the website does not guarantee the availability of that product or service at any given time.

2.3 Accuracy and Completeness of Information

While we strive to ensure that the services and information we provide are complete, accurate, and up-to-date, there may be instances where information is incomplete, inaccurate, or not current. We make no representations or warranties regarding the completeness, accuracy, or reliability of any services, content, advice, or recommendations provided through the website or services. Furthermore, we make no representations or warranties regarding the quality, safety, or availability of our own products or services, or of third-party products or services provided through the website.

What We Grant You

3.1 Grant of License

BTOMIC grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services. This license is for your personal non-commercial use and enjoyment of the website, in accordance with these Terms and our other policies. For more details regarding permitted uses, please refer to Section 6 "Website Usage."

What You Grant Us

3.2 License to User Content

By using our Services, you may provide or allow us to use certain content or information, such as photos or feedback about your experience with BTOMIC products. In such instances, you grant BTOMIC an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content or information. In accordance with our Privacy Policy, we may use this content for various purposes, including but not limited to facilitating your experience with BTOMIC and developing, providing, promoting, and improving our Services.

3.3 Submissions

If you provide us with questions, comments, suggestions, ideas, testimonials, endorsements, drawings, concepts, photographs, or other feedback (collectively, "Submissions"), these will be treated as non-confidential and become the sole property of BTOMIC. By providing such Submissions, you grant BTOMIC a worldwide, royalty-free, perpetual, sublicensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create derivative works from, and otherwise exploit these Submissions, without any obligation to compensate you or attribute them to you.

3.4 Content Monitoring

While not obligated to do so, BTOMIC reserves the right, at its sole discretion, to monitor and review the website and Services, and to access, review, screen, remove, or delete any content at any time and for any reason. This includes cases where we deem the content to be in violation of these Terms.

Your Conduct

3.5 Responsibility for Content and Activity

You are solely responsible for all content you provide and for all activities that occur under your account, including those performed by others who access the site and Services through your account.

3.6 User Conduct

By using our Services, you agree not to engage in the following conduct:

• Use this site or services for any illegal purpose or activity prohibited by these Terms.
• Access the Services or extract user information through automated means (e.g., robots, spiders).
• Copy, modify, distribute, sell, or lease any part of the site or services.
• Attempt to reverse engineer or extract the source code of any software.
• Develop third-party applications to interact with the site or services without BTOMIC's written consent.
• Interfere with, disrupt, or negatively affect the full enjoyment of the services or its features by other users.
• Engage in any activity that could damage, overburden, or impair the functionality of the services.
• Use another user's account without permission, solicit login credentials from another user, or impersonate another person.
• Provide offensive content or material (including pornography, gratuitous violence, threats, hate speech, or illegal acts).
• Use the services to harass, abuse, defame, stalk, or threaten others.
• Upload viruses or other malicious code to compromise the security of the services.
• Circumvent any content filters or security measures employed by BTOMIC.
• Attempt to access unauthorized areas or features of the system.
• Send or participate in sending unsolicited promotional emails (spam) to other users or BTOMIC.
• Violate any other part of the Terms or encourage others to violate them.

3.7 Information Sharing

BTOMIC allows users to share information about themselves, such as photos of products or testimonials. However, any content or communication transmitted to BTOMIC over the Internet is not considered confidential. BTOMIC assumes no obligation regarding such information. You understand that personal information (as defined in our Privacy Policy) or sensitive information that you share may be exposed to others. Do not share information that you do not wish to be publicly visible.

3.8 Private Information

From time to time, BTOMIC may request personal information, such as contact details, to support certain services like feedback, inquiries, or customer support. Do not share private information unless explicitly requested.

3.9 Data Security and Privacy

BTOMIC takes reasonable technical, organizational, and administrative security measures to protect all personal information we process. However, despite our efforts, no data transmission or network can be guaranteed to be completely secure. Therefore, we cannot guarantee the security of information transmitted through the website, especially if transmitted over an unsecured network. You acknowledge the inherent security and privacy limitations of the Internet and understand that we are not responsible for any breaches of security, integrity, or privacy of information exchanged between you, BTOMIC, or other users of our Services.

4.1Your personal information is important to both you and us. To learn how your information is handled when you register for and use our services, please review our Privacy Policy.

5.1 Trademarks and Service Marks

The name and mark BTOMIC, the BTOMIC logo displayed on this website, and all other marks associated with BTOMIC are trademarks or service marks of BTOMIC and its subsidiaries and affiliates, whether registered or not. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to any patent, copyright, trademark, or other intellectual property right of BTOMIC or its subsidiaries and affiliates.

5.2 Content Ownership

The information, photographs, text, graphics, videos, audio, tools, images, and all other content and materials provided or made available on this website (collectively, the “Content”) are protected by copyright, trademark, and/or other intellectual property rights. This Content is owned or licensed by BTOMIC or its subsidiaries and affiliates, or used with permission from the respective rights holders. This Content is provided for your personal, non-commercial, and informational use only. The Content includes, but is not limited to, text, graphics, photographs, interactive features, trademarks, service marks, trade dress, and logos ("Marks") related to the services. You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise exploit our Content and Marks for any purpose not permitted by these Terms. All rights are reserved worldwide.

5.3 Respect for Intellectual Property

We respect the intellectual property rights of others, including copyrights, and prohibit users from using our services in a manner that infringes upon these rights. Some content provided through our services comes from other users and third parties. All other content, trademarks, and copyrights displayed on the website are the property of their respective owners. You agree not to use the services in a manner that infringes upon the rights of others, including but not limited to rights of publicity, privacy, copyright, trademark, or any other intellectual property rights.

5.4 Unauthorized Use of Content

You may not use the Content, Marks, or services, or content owned by others, in any manner not permitted by these Terms. BTOMIC reserves the right to terminate your use or prohibit your access to our services if it determines that you are infringing the intellectual property rights of others while using our site or services.

5.5 Disclosure of Identity and Content Removal

BTOMIC reserves the right to disclose your identity to any third party who claims that any content shared or uploaded by you on our site violates their intellectual property rights or their right to privacy. BTOMIC is not responsible or liable to any third party for the content or accuracy of any posts made by you or any other user on our site. We also reserve the right to remove any post you make on our site at our sole discretion. The views expressed by other users on our site do not reflect the views or values of BTOMIC.

6.1 Content Purpose

The materials, information, and content provided on the website are published for informational and promotional purposes only.

6.2 Personal Use Only

The materials, information, and content provided on the website are for your personal, non-commercial use only. You may download, display, or print the materials, information, and content posted on the website for personal use only, provided that the copyright notice is maintained on each copy and trademarks or other proprietary notices are not altered. Downloading or reproducing any document or software does not grant you any right, title, or interest in such document or software.

6.3 Prohibited Uses

Any use of the materials, information, and content on the website, in whole or in part, by any means, including reproduction, modification, distribution, publication, transmission, creation of derivative works, or broadcasting for purposes other than personal, non-commercial use, is strictly prohibited without the prior written consent of BTOMIC.

6.4 No Warranty Against Infringement

BTOMIC does not warrant or guarantee that your use of the materials, information, or content displayed on the website will not infringe the rights of third parties.

7.1 Privacy

Any personally identifiable information or personal data transmitted to the Website via the Internet is protected and processed according to BTOMIC’s Privacy Policy. BTOMIC urges you to read BTOMIC’s Privacy Policy carefully before submitting any personally identifiable information or personal data.

7.2 Non-confidential Submissions

Any communication or material you transmit to BTOMIC via the Website or otherwise will be treated as non-confidential and non-proprietary and non-personal whether it pertains to you or to third parties.

7.3 Ownership of Submissions

As stipulated in Section 3, any submission you make becomes the sole property of BTOMIC. You are responsible for any submission made by you that may infringe on any third party’s rights, including but not limited to, copyright, trademark, patent, trade secret, privacy rights or other personal or proprietary rights.

8.1 “AS IS” PROVISION

All materials, information, and content provided on the Website are provided “as is” without warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability or fitness for a particular purpose.

8.2 NO GUARANTEE OF ACCURACY OR COMPLETENESS

BTOMIC makes no warranties regarding the accuracy, completeness, or timeliness of the Website content. Furthermore, BTOMIC cannot guarantee that the Website will be free from defects or that any identified defects will be corrected. Access to and use of this Website are entirely at your own risk. You assume full responsibility for any problems, including data loss, and for the costs associated with any repairs or support that may be necessary for the hardware or software used to access the Website. BTOMIC shall not be liable for any damages, losses, or consequences arising from or related to your use of the Website.

8.3 COMMUNICATION SECURITY

While BTOMIC takes reasonable technical, organizational, and administrative measures to protect your information, please be aware that the security of internet email cannot be guaranteed. By transmitting sensitive or confidential information via email, you are deemed to acknowledge and accept the inherent risks, including the potential loss of confidentiality during transmission. Additionally, the content of the Website may contain inaccuracies or typographical errors. BTOMIC reserves the right to change, modify, or improve the Website content at any time without prior notice, but is not obligated to do so.

9.1 Use at Your Own Risk

Your access, use, browsing, and navigation of this website are entirely at your own risk.

9.2 Limitation of Liability

To the fullest extent permitted by applicable law, BTOMIC and its affiliates shall not be liable for damages of any kind, including direct, indirect, special, punitive, incidental, exemplary, or consequential damages. This includes damages arising from the use, inability to use, or performance of the information, products, documentation, or other content and services available on this website, regardless of whether BTOMIC was previously advised of the possibility of such damages, and whether based on contractual claims, tort, or other legal theories.

9.3 Risk of Content Download

Any material, information, or content that you download or otherwise obtain while using the website is done at your own discretion and risk. BTOMIC is not responsible for any damage to your computer equipment or other property, or for any viruses that may infect them, due to your access, use, or download of materials, information, or content from the website. BTOMIC is also not responsible for any illegal intrusion or interference with BTOMIC's IT systems.

9.4 Website Interruption or Termination of Service

BTOMIC reserves the right to interrupt or terminate the functionality of all or part of the website at any time. BTOMIC shall not be liable for any interruption or termination of website functionality due to acts or omissions of BTOMIC or any third party.

10.1 Content Inaccuracies

Content on the website may contain inaccuracies or typographical errors. BTOMIC reserves the right to change, modify, and improve such content at any time without prior notice, and is not obligated to do so.

10.2 Product Styles, Prices, and Availability

The style, design, and color of BTOMIC products displayed on the website may change without prior notice. The prices of jewelry setting models may vary depending on market fluctuations. BTOMIC reserves the right to change prices and product offerings on the website at any time.

11.1 Product Representation

The products featured on the website are part of BTOMIC’s collection, but not all BTOMIC products are displayed on the website.

11.2 Regional Availability

The website may contain information about BTOMIC products and services, but not all products and services are available in all locations. A reference to a particular product or service does not imply that it is available at all times or in all locations.

11.3 Product and Service Availability

The products and services described on the website are available while stocks last. Product images are representative and may not exactly match the actual product you receive. BTOMIC reserves the right to discontinue the production of certain products or the provision/sale of such products or services at any time without prior notice. Even if indicated as available, availability in specific regions is not guaranteed.

11.4 Product Variations and Accuracy

Every effort is made to ensure that product details, including color, design, style, reference number, description, size, and price, are accurate and representative. However, variations may occur. Product descriptions are subject to change, and differences in price or other details may arise due to typographical errors. BTOMIC is not responsible for errors or inaccuracies in product descriptions, references, prices, or photographs on the website, and is not obligated to fulfill orders or provide compensation. For inquiries about products, please contact BTOMIC Customer Service Department via the “Contact Us” page.

12.1 BTOMIC reserves the right to change the prices of products and services posted on this website at any time without prior notice.

13.1 Third-Party Links

This website may contain links to third-party internet websites not operated or controlled by BTOMIC. These links are provided solely for convenience and to help you find other websites that may be of interest to you. BTOMIC does not endorse or take responsibility for the owners, operators, or content of such linked websites, including websites of companies affiliated with, controlled by, or under common control with BTOMIC.

13.2 Disclaimer Regarding Third-Party Websites

BTOMIC has not reviewed external websites linked to this website. We are not responsible for the availability or content of such external websites, or for any articles or materials found on them. Accessing third-party websites is entirely at your own risk.

14.1 ELIGIBILITY AND PURCHASE RESTRICTIONTo purchase products through the Website, you must be of legal age in your jurisdiction. Orders placed through the checkout process are strictly limited to individuals purchasing products for personal use ("Consumers"). By placing an order, you represent and warrant that:

(i) the order and purchase of products are exclusively for your personal use and not for resale, distribution or other commercial purposes;

(ii) you are of both the age and mental capacity to enter into a legally binding contract under the applicable local laws of your place of residence.

15.1 Product Purchases and Use of Personal Data

The BTOMIC website provides access to purchase a selected assortment of high-end luxury goods, including watches, jewelry, leather goods, and accessories. If you choose to purchase an item or service through the website (an “Order”), you may be asked to provide certain personally identifiable information related to the processing of your Order.

15.2 Use of Your Information

15.2.1 BTOMIC may need to collect and process personally identifiable information, including your name (first and last names), email, payment card information, billing and shipping address, and/or the name and address of a gift recipient (collectively, your “Personal Data”) for Order fulfillment purposes (e.g., invoicing, shipping) in accordance with contractual or legal requirements (in particular, accounting requirements).

15.2.2 We take reasonable and appropriate technical, organizational, and administrative security measures to protect your Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no transmission system or data network can be guaranteed to be 100% secure. Therefore, while we strive to protect your Personal Data, you acknowledge that the security, integrity, and privacy of any and all information exchanged between you and the website cannot be guaranteed, and BTOMIC cannot be held responsible for any breach of security.

15.2.3 Personal Data will be kept for the applicable legal data retention period in the United States. BTOMIC may share your Personal Data with third-party service providers for commercial or accounting purposes, or as required by law. We will not share your Personal Data with third parties for other purposes without your consent, except to comply with a legal obligation, to protect our rights, or in the event of a corporate restructuring. Third parties receiving your Personal Data shall provide adequate confidentiality and security measures in compliance with applicable laws.

15.2.4 Your payment card information is processed by third-party payment service providers. We, or our affiliated third-party providers, may process your Personal Data, including device information, to mitigate fraud and risk. All payment card information is processed on secured servers using industry-standard encryption technology.

15.3 The website’s online store will guide you through the steps needed to place an Order.

15.4 For each item selected for purchase, an order summary page will automatically be created. This will include a photograph of the item, its brief description and reference number, as well as the unit price and total amount of your Order (with applicable sales taxes). It is your responsibility to ensure that this information accurately reflects your selection before submitting your Order.

15.5 Once your Order is placed, your Order will be processed by BTOMIC. You will receive an Order confirmation email (“Order Confirmation”) once your payment has been approved. Should we be unable to fulfill your Order (e.g., product out of stock), BTOMIC will contact you by email or telephone and offer you the option to cancel or modify your Order. BTOMIC reserves the right, at its sole discretion, to accept or refuse your Order, including in cases where there is an ongoing dispute concerning a previous Order or where BTOMIC suspects fraudulent activity.

15.6 The Order Confirmation will include the total amount of your Order, including any applicable taxes and shipping fees based on your selected shipping option.

15.7 Please review your Order Confirmation carefully. If there are any discrepancies or anything that does not correspond to what you ordered, please contact us by email through our “Contact Us” page.

15.8 Pre-Sale Orders

For pre-order items, BTOMIC will send an email for delivery address confirmation before shipment. If you do not confirm the information within 10 days of the request, BTOMIC may, at its sole discretion, cancel your order and refund the amount you paid. Once you confirm the shipping information, we will proceed with the delivery of your order. By confirming your order, you implicitly agree to these terms and conditions of sale.

15.9 Gift Message Service

The gift message option is available for personal and non-commercial use only. You are solely responsible for the content of any gift message you include in your Order. BTOMIC reserves the right to refuse any gift message that contains offensive language, and we may discontinue your access to the gift message service without liability.

16.1 BTOMIC reserves the right to change the prices of products and services posted on the Website at any time without prior notice. If you place an order online, payment will be processed at the price displayed in the online store at the time of your order. All prices displayed in the online store are in Korean Won (KRW) and do not include shipping fees. For more information on shipping fees, please refer to the "Shipping and Delivery" section. Order payments are due at the time of order placement. BTOMIC accepts all major credit cards; however, checks, cash, or money orders cannot be used for online purchases unless expressly requested by BTOMIC. Orders will only be processed and goods shipped after all information has been verified and approved by the card issuer.

16.2 Existing gift voucher balances or gift certificates from BTOMIC or its affiliates (excluding BTOMIC online gift certificates) cannot be used for online purchases.

17.1 Use of Information and Content

The materials, information, and content contained on the Website are provided for informational and promotional purposes.

17.2 Personal Use Only

The materials, information, and content provided are for your personal use. You may download, display, or print the materials, information, and content published on the Website for personal, non-commercial purposes only, provided that the copyright notice remains on each copy and you do not alter any trademark or other proprietary notices.

Downloading or reproducing documents or software does not grant you any right, title, or interest in such documents or software.

17.3 Prohibited Uses

Unless with the prior written consent of BTOMIC, any other use of the materials, information, and content on the Website, whether in whole or in part, for purposes other than personal non-commercial use, including but not limited to reproduction, modification, dissemination, publication, distribution, transmission, creation of derivative works, or broadcasting, is strictly prohibited.

17.4 No Warranties or Guarantees

BTOMIC does not warrant or guarantee that your use of the materials, information, and content published on its Website will not infringe the rights of third parties.

18.1 Transfer of Ownership and Risk

• Transfer of Ownership: Ownership of the ordered goods transfers to you prior to import, provided that we consider full payment for the order has been or will be made.
  
• Transfer of Risk: The risk of damage or loss transfers to you upon delivery to the shipping address specified in the order (if you choose not to pre-pay duties and taxes, this location is considered the port of entry at the import destination).
  
• Importer of Record: You are considered the "Importer of Record" for the goods, and we (or anyone acting on our behalf) are only assisting you with the import process. In certain circumstances, we may act solely as the "Declarant" to facilitate customs clearance (even in this case, your status as the importer for personal use remains unchanged).
  
• Your Responsibility for Compliance: It is your responsibility to ensure that the goods can be lawfully imported into the destination and that you comply with all applicable laws, regulations, certifications, and rules of the destination to which you are importing the goods. Please familiarize yourself with the general requirements for using the goods at the import destination before placing your order.
  
• No Returns Due to Compliance Issues: Goods ordered for a destination with different standards cannot be returned for this reason, and we are not liable for any situations that may arise from purchasing goods without appropriate standards for the destination.
  
• Documentation and Product Standards: Please be aware that documentation such as packaging, user manuals, product care labels, handling instructions, or safety warnings may not be available in your language. You may not have access to manufacturer or other service options. The goods (and accompanying materials) may not be designed to the standards, product regulations, or specifications of the destination to which you are importing them, or they may not be labeled in accordance with the requirements applicable to that destination, or in your language. Furthermore, if the goods are power-operated, they may not conform to the power parameters or other electrical specifications of that destination, such as voltage (e.g., you may need an adapter to charge the goods).
  
• Tax-Free Purchase: Transactions where goods are purchased tax-free, such as by submitting a VAT number, are still classified by us as personal import transactions. You acknowledge and agree that these tax-free purchased items are for your personal use and not for resale.

19.1 Product and Service Availability

• Offer while supplies last: Products and services described on the website are offered only while supplies last. BTOMIC reserves the right to discontinue the manufacture of any product and to discontinue the offering or sale of any product or service at any time without notice.
  
• No guarantee of availability: BTOMIC does not guarantee that a specific product or service will always be available at a particular location, even if that location is indicated as the source of that product or service.
  
• Unavailable products: In the rare event that a product becomes unavailable after an order has been confirmed, BTOMIC will contact you to offer you the opportunity to order a different product or to cancel your existing order.

20.1 Product Images

• Representative Images: Product images displayed on the website are for representative purposes only and may not be photographs of the actual product you receive.
  

20.2 Product and Service Descriptions

• Descriptive Discrepancies: Product and service descriptions on the website may change from time to time, and typographical errors may occur, leading to inaccurate, incomplete, or outdated product and service descriptions, including but not limited to pricing.
  
• No Liability for Errors: BTOMIC is not responsible for any errors or inaccuracies in the description, references, prices, or photographic or graphic representations of products displayed on the website. BTOMIC is not obligated to deliver products or pay any damages.
  
• Product Inquiries: If you have questions about a product, please contact us via email at "Contact Us."
  

20.3 Sizing Guide

• For Reference Only: All sizing guides provided on the website are for reference purposes only. BTOMIC is not responsible for any errors resulting from the use of such guides.

21.1 APPLICATION OF THE CONDITIONS OF SALE

• Governing Terms: These Conditions of Sale also apply to purchases of BTOMIC products made via telephone consultation ("Customer Line") or email.
  
• Requirement for Agreement to Terms: Before placing an order via Customer Line or email, you must confirm that you have read and agreed to these Conditions of Sale. If you do not agree to these Conditions of Sale, you must not place product orders via Customer Line or email.
  

21.2 COLLECTION OF PERSONAL DATA

• Data Collection Procedure: A BTOMIC representative will guide you through the purchase process via phone or email. During this process, some personal data (e.g., name, address, phone number, email address, credit card information) about you and/or the recipient for whom you are purchasing the goods will be collected.
  
• Compliance with Privacy Policy: All personal data you provide to us will be used strictly in accordance with the Conditions of Sale and Privacy Policy posted on our website.
  

21.3 PRODUCT INFORMATION AND CHARGES

• Prices and Charges: Before proceeding with your order, you will be informed of the product prices and all associated charges, including shipping and packaging costs.
  

21.4 ORDER CONFIRMATION

• Purchase Offer: Your order constitutes an offer to BTOMIC to purchase products.
  
• Acceptance of Order: Acceptance of orders placed via Customer Line or email is formally made by sending an order confirmation or invoice via email.