Terms of service
Terms of Service
Overview
This website is operated by By Enoksen. Throughout these Terms, “Enoksen”, “we”, “us” and “our” refer to By Enoksen.
These Terms of Service apply to your use of this website and to purchases made through our online store. By using the website or placing an order, you agree to these Terms together with any policies referred to on the website, including our Returns & Refunds, Shipping & Delivery, Warranty and Privacy policies.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform used to offer our products and services.
1. Use of the website
You may use this website only for lawful purposes.
You must not use the website in a way that could damage, disable or interfere with the website, its security or the experience of other users. You must not introduce viruses, malicious code or attempt to gain unauthorised access to the website or its systems.
You must have the legal capacity to enter into a purchase agreement or, where applicable, have the required permission from a parent or guardian.
2. Product information
We take reasonable care to ensure that product descriptions, specifications, images, prices and other information on this website are accurate and up to date.
Minor differences in colour or appearance may occur depending on photography, lighting and the screen or device used to view the website.
If we discover an error or omission, we may correct the information. Where an error affects an order you have already placed, we will contact you and deal with the order in accordance with applicable law.
Product specifications and information stated on the relevant product page at the time of purchase form part of the information provided in connection with your order.
3. Prices, currencies and taxes
Product prices may vary between markets and currencies.
Where prices are converted dynamically, they may change as exchange rates change. Where a fixed market price applies, the relevant fixed price will be shown for that market.
The price shown to you at checkout is the price applicable to your order, subject to correction of any obvious error in accordance with applicable law.
VAT, sales tax, customs duties and import charges may be treated differently depending on your delivery destination. Current information is provided in our Shipping & Delivery Policy and, where relevant, at checkout.
We may change prices for future purchases without notice. A later price change does not alter the agreed price of an existing order.
4. Orders and availability
All orders are subject to product availability.
If we are unable to fulfil an order, we will contact you as soon as reasonably possible. Any payment received for an order that cannot be fulfilled will be refunded in accordance with applicable law.
We may refuse or cancel an order where there is a legitimate reason to do so, including suspected fraud, unlawful activity, legal or regulatory restrictions or an obvious pricing or product-information error. Nothing in this section gives us an unrestricted right to cancel an order that is otherwise binding.
We may also limit quantities where reasonably necessary, including where an order appears to be intended for unauthorised resale.
5. Payment and customer information
You agree to provide accurate and complete billing, delivery and contact information when placing an order.
You are responsible for ensuring that your email address, delivery address and other order information are correct.
Payments are processed through the payment methods made available at checkout. Payment information is handled by the relevant payment provider and/or Shopify in accordance with their security and privacy requirements.
If we need to contact you about an order, we will normally use the email address or telephone number supplied when the order was placed.
6. Shipping and delivery
Orders are shipped in accordance with our Shipping & Delivery Policy.
Delivery dates and times are estimates unless expressly stated otherwise. Some watches are assembled, adjusted or prepared individually before dispatch and may therefore require additional preparation time.
We are not responsible for delays caused by events outside our reasonable control, but we will assist where possible and keep you informed where a material delay affects your order.
Tracking information is provided when available.
7. Pre-orders
Some watches may be offered for pre-order while production is still underway.
The individual product page will state the expected shipping date and, where applicable, the full purchase price, deposit payable at the time of pre-order and any remaining balance due before shipment.
Where a balance remains payable, we will contact you by email with the relevant payment information before the watch is shipped.
Updates relating to a pre-order, including material changes to the expected shipping date, will be communicated by email.
Any product-specific pre-order terms stated on the product page form part of the terms applicable to that pre-order. Your statutory consumer rights remain unaffected.
8. Returns and exchanges
Our current return and exchange arrangements are set out in our Returns & Refunds Policy.
Enoksen offers a 30-day return period subject to the conditions stated in that policy.
Nothing in our voluntary return policy restricts any mandatory rights available to consumers under applicable law.
Personalised products, including engraved or certain custom- or configurator-built watches, may be excluded from voluntary returns and may also fall within statutory exceptions where applicable.
9. Warranty and consumer rights
Enoksen watches are supplied with the warranty stated on the relevant product page and in our Warranty Policy.
A commercial Enoksen warranty is provided in addition to, and does not replace or restrict, any statutory rights you may have as a consumer.
Where mandatory consumer law gives you rights in relation to products that are defective, damaged, not as described or otherwise non-conforming, those rights remain unaffected by these Terms.
10. Intellectual property
Unless otherwise stated, the content of this website - including text, photography, graphics, logos, designs, product imagery and other material - is owned by Enoksen or used with permission.
The content is protected by applicable copyright, trademark and intellectual property laws.
You may use the website and its content for personal, non-commercial purposes. Content may not be reproduced, distributed, commercially exploited or used without permission except where permitted by law.
11. Third-party services and links
The website may use or provide access to services, tools or websites operated by third parties, including payment providers, shipping carriers, social media platforms and other service providers.
Third-party services are governed by their own terms and policies.
Where we provide links to external websites for convenience or additional information, we do not control those websites and are not responsible for their content, availability or practices.
This does not affect any responsibility we may have for third parties we use to perform our own obligations to you.
12. Reviews, feedback and submissions
If you voluntarily provide a review, photograph, comment or other material for publication or use by Enoksen, you confirm that you have the right to provide that material and that it does not infringe the rights of another person.
Unless otherwise agreed, you grant Enoksen permission to use, reproduce and display material that you have expressly submitted for publication or promotional use.
We may remove material from our website where we reasonably believe it is unlawful, misleading, abusive or infringes another person's rights.
We will handle personal information associated with submissions in accordance with our Privacy Policy.
13. Prohibited uses
You must not use this website or its content:
for any unlawful or fraudulent purpose; to infringe our intellectual property rights or those of another person; to submit false or misleading information; to transmit malicious software or code; to collect personal information about others unlawfully; to interfere with website security or operation; or to use automated methods to access or extract website content in a way that is unlawful or materially disrupts the service.
We may restrict or terminate access to the website where reasonably necessary to prevent unlawful use, fraud, security risks or material breaches of these Terms.
14. Privacy
Our collection and use of personal information is governed by our Privacy Policy.
The Privacy Policy explains how personal information is collected, used, stored and shared and describes the rights available to you under applicable data-protection law.
15. Website availability and liability
We take reasonable steps to keep the website available, secure and functioning correctly, but cannot guarantee uninterrupted or error-free access at all times.
The website may occasionally be unavailable due to maintenance, updates, technical problems or circumstances outside our reasonable control.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, or excludes or limits any mandatory rights available to consumers.
To the extent permitted by applicable law, Enoksen is not responsible for losses caused solely by events outside our reasonable control or for losses that were not reasonably foreseeable as a consequence of our breach.
Nothing in these Terms limits liability for fraud, deliberate misconduct or any other liability that cannot lawfully be limited.
16. Changes to these Terms
We may update these Terms from time to time, for example to reflect changes to our website, services, business practices or applicable law.
The current version will be published on this page.
Changes apply to future use of the website and future transactions from the date they take effect. Changes to these Terms do not retrospectively alter rights and obligations relating to an existing purchase unless permitted by law or agreed with you.
17. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will apply only to the extent that it can lawfully be enforced.
The remaining provisions will continue to apply.
18. Governing law and consumer rights
These Terms are governed by Danish law.
If you are a consumer, this choice of law does not deprive you of any mandatory consumer protections that apply to you under the law of your country of residence.
Any dispute will be dealt with by the courts or other competent dispute-resolution bodies determined under applicable law.
If you have a complaint, we encourage you to contact us first so that we can try to resolve the matter directly.
Where applicable, consumers may also have access to the Danish consumer complaints system through Mæglingsteamet for Forbrugerklager / Nævnenes Hus.
19. Contact information
Questions about these Terms of Service can be sent to:
By Enoksen
Nørregade 31
6270 Tønder
Denmark
Email: enoksen@byenoksen.com
Phone: +45 3666 0223