T&C’s

Terms of Use

Welcome to TheBronxLtd.com, the online website operated by TheBronxLtd.com. Various aspects of this website may be covered by Australian and U.S Patent and Trademark Office as well as other pending service and trademark applications. Our content, photos, products designs, product purchase, and product usage, are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is owned and operated by The Bronx Ltd.

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our supplier or customer. However, you are not permitted to:

  • Reproduce, duplicate, copy, download, sell or otherwise exploit the website or any product image, product design, product listing, product description, price, page layout, page design, trademark, logo or any other content (“Website Content”) for any commercial purpose, except as expressly provided without the express written consent of an officer of the company.
  • Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
  •  Use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
  •  Engage in any activity that interferes with the website or another user’s ability to use the website;
  •  Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
  •  Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
  •  Any use of the website or Website Content that is not expressly authorised herein is prohibited and immediately terminates the license granted herein.
Purchases Order Processing

You can purchase our Products by placing orders via our website. The Bronx Ltd reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, we have reached our Limited Edition quota, we have hit our completion date, there are inaccuracies or errors in Products or pricing information, or our credit and fraud avoidance department identifies problems or in other circumstances that we, in our sole discretion, deem appropriate.

Fees and Payment

Due to the nature of our business model “Limited Units" made to order nature of the vast majority of our products, you will be charged immediately upon placing an order. The Bronx Ltd will use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorise The Bronx Ltd or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased. The Bronx Ltd reserves the right to change its price list and product offerings and at any time.

Product Descriptions

At all times, we attempt to provide accurate descriptions of products and sizing on our website. However, there may be inaccuracies in the product descriptions, or the colours of the products may vary from one computer monitor or mobile device to another. Accordingly, The Bronx Ltd does not warrant that the product descriptions, colours images or videos are accurate, complete, reliable, current or error-free.

Pricing and Discount Information

We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. The Bronx Ltd reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Sites as a result of an error. If this occurs, we will notify you by email. In addition, The Bronx Ltd reserves the right, in its sole discretion, to correct any errors in the listed price on its sites, images or videos are accurate, complete, reliable, current or error-free.

Product Availability and Delivery

Our website may contain information regarding the availability of the products. Unfortunately, due to the unique, non "mass produced" nature of the vast majority of our products, The Bronx Ltd cannot guarantee that an item will ship as described, as inventory can change significantly from day-to-day. In some cases, a product which may be in stock when a customer places the order, but due to high demand may be sold out prior to our attempts to fulfil the order. The Bronx Ltd will notify you by email and offer you a product substitution or offer you a full cancellation and refund.

Due to the unique, Limited Edition and made to order nature of our products, all sales are final unless an item is mis-shipped or damaged in transit, in which case an exchange will be provided.
Promotional / Coupon Codes

The following are the The Bronx Ltd promo code terms and conditions:

  • Cannot be applied to previously or past placed orders.
  •  Promo codes may not be combined with other promo codes.
  •  Not transferable or redeemable for cash or credit.
  •  Not valid on Sale items.
  •  Only valid on orders over $60 or more unless documented.
  • Certain products are excluded from promo codes.
  •  A promo code is not able to be applied when there is no or discounted delivery charge.
  •  To apply a promo code, you must enter it prior to completing the order without exception.
Electronic Communications 

You agree to receive communications from The Bronx Ltd electronically. The Bronx Ltd will communicate with you by e-mail or SMS text message using the email address or phone number provided during the checkout process or an email address you have provided during a promotion, newsletter signup, special offer, or an event. You agree that all agreements, notices, disclosures, and other communications that The Bronx Ltd provides to you electronically satisfy any legal requirements that such communications be in writing.

Should you choose to no longer receive our communication, please email us using the registered email address you are wanting to unsubscribe you from further communication. 
Indemnification

You agree to defend, indemnify, and hold harmless TheBronxLtd.com and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of TheBronxLtd.com.

Limitation of Liability

in addition to other limitations and exclusions in TheBronxLtd.com (the "site") terms of use, in no event will we our company, directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to use of the site. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the purchase value of items transacted through the site.

Disclaimer of Warranties                                                                                     You expressly understand and agree that: the products on our site are intended for personal, not commercial use, unless otherwise indicated. as such, you assume the risk when purchasing products for a commercial or business use or application. Your use of the products on the site is at your sole risk. Unless otherwise expressly specified in writing, the products sold on the site are provided on an "as is" and "as available" basis. unless otherwise expressly specified in writing. The Bronx Ltd and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non infringement.

Unless otherwise expressly specified in writing, The Bronx Ltd  and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors make no warranty that (i) the materials or products purchased or obtained by you from the site will meet your requirements, will be uninterrupted, timely, secure, error free, or will be accurate or reliable; and (ii) the quality of materials or products purchased or obtained by you from the services will meet your expectations.

Any material or products purchased from the site are used at your own discretion and risk; and The Bronx Ltd and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors expressly disclaim any and all liability for any damages, injury, or harm. no advice or information, whether oral or written, obtained by you from The Bronx Ltd or through or from the purchasing process shall create any warranty not expressly stated in this agreement.

By using TheBronxLtd.com, you acknowledge you accept these terms of use. We may change the terms of use from time to time. By continuing to use TheBronxLtd.com after we post any such changes, you acknowledge your acceptance of the modified terms of use.

Fair Use Act Disclaimer

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. 

Non-profit, educational or personal use tips the balance in favor of fair use. 

Fair Use Definition:

Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship.  It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.  The term “fair use” originated in the United States.  A similar principle, fair dealing, exists in some other common law jurisdictions.  Civil law jurisdictions have other limitations and exceptions to copyright. 

U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION

(Source: http://www.copyright.gov/fls/fl102.html)

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords.  This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code).  One of the more important limitations is the doctrine of “fair use”.  The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. 

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.  Section 107 also sets out in four factors to be considered in determining whether or not a particular use is fair: 

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

By submitting artwork, designs or any other material with the aim of it being evaluated for use on a garment, you are responsible for making sure that the works are yours and or are not in any way infringing on copyright or breaching the trust or trademark of another party.