Please read and agree to these Terms of Use (the "Terms") carefully before accessing and using BLK DNM Connected Fashion, or any other clients, domains, applications, products, software, platform, services and/or content (collectively, the “Platform”) provided by BLK DNM Group AB (“BLK DNM”, We”, “Us” “Our”) and its affiliates.

Your (“You” or “User”), use or access to the Platform is conditioned on Your unconditional acceptance of and compliance with these Terms. If You disagree with any part of the Terms, then You may not access or use the Platform.

If You do not unconditionally agree to these Terms, use, access, connect to or register to access Platform and the services provided and/or facilitated by the Platform and You must immediately cease doing so. If You are accepting these Terms on behalf of a company or other legal entity, You represent and warrant that You have full authority to bind the company or legal entity (and its employees) to this agreement. These Terms must be read in conjunction with Our Shipping & Returns, Terms & Conditions, and Privacy Policy, which is hereby incorporated into these Terms by reference.

By using the Platform I confirm that I have read these Terms and agree to be unconditionally bound by them, and agree to proceed. These Terms of Use do not alter the Purchase terms between BLK DNM and You.

CHANGES TO THESE TERMS

We may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of Our Platform thereafter. Any changes to these Terms will be in effect as of the “Last Revised” date referred to at the top of this page.

Your continued use of the Platform after following the posting of the revised Terms means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding for you.

DIGITAL REFLECTIONS

BLK DNM offers digital reflections of our physical garments, powered by Chromia technology. These digital representations are intricately linked to their physical counterparts. Please note that these digital reflections are not tradable on external platforms such as OpenSea or any other third-party marketplaces. They are intended to complement the physical garment and are not separate entities for trading or sale. It's important to understand that our digital reflections are directly connected to the physical garments they represent.

NFC TAG

Each connected BLK DNM garment will feature a unique NFC tag which is connected to a unique NFT/Wallet on the Chromia blockchain. By using the blockchain, neither the NFC tag nor the NFT/Wallet can be modified without the rest of the community noticing. This means an NFT can not be rewired to an NFC tag acquired by an illicit part. The decentralized nature of the blockchain also ensures a long lifespan for the system, independent of any maintenance by the garment manufacturer.

PROOF OF AUTHENTICITY

Each connected BLK DNM garment is equipped with a unique NFC tag, intricately linked to a distinctive NFT and/or Wallet on the Chromia blockchain. The NFC tag is linked to a Wallet and Your public key is an NFT. This technological fusion ensures the unalterable integrity of the NFC tag and the NFT and/or Wallet, safeguarded against unauthorized modifications, thereby preventing any illicit tampering or replication.

Piracy remains a widespread issue across industries, especially in the realm of luxury brands. Through the utilization of NFC and blockchain technology, We offer a seamless solution to combat counterfeit goods in the fashion industry. This initiative reassures BLK DNM customers, whether purchasing brand-new or second-hand items, that they are acquiring genuine BLK DNM products.

Verification Process

1. Owners of BLK DNM garments can verify the authenticity of their items by scanning the embedded NFC tag using their mobile phones.
2. This scan redirects customers to the corresponding product page on http://digital.blkdnm.com/ where users gain access to an array of features, including the Certificate of Authenticity.
3. To access the Certificate of Authenticity, users must scan their garment once more. This additional scan acts as an added layer of security to restrict access to the certificate to the rightful owner.
4. Upon successful scanning, users are presented with a digital certificate of authenticity.
5. Once the designated time period elapses, the certificate automatically closes. To revisit the certificate thereafter, users must repeat the process starting from step 3. This process ensures that BLK DNM customers can confidently verify the authenticity of their purchases.

FOREVER REFUND

BLK DNM Forever Refund is a set price buy back program (“Program”) offers customers the opportunity to sell back their garment at any time, regardless of its condition, for a predetermined price. This Program intends to encourage customers to return worn garments to BLK DNM for repair, resale, or recycling into new items instead of disposing of them. This is not to be confused with return, warranty, reclaim, complaint or regular refunds. The Program is designed exclusively for reselling garments and should not be confused with these other customer service options.

To participate in the Program, You must own a product that is part of the Program. This includes our garments with a connected NFC tag. Once You wish to return your connected garment you must follow these instructions:

1. Scan the NFC tag in Your BLK DNM garment. This action will redirect You to the product page specific to that garment on http://digital.blkdnm.com/.
2. On the product page, locate the "Features" section and click on "Forever Refund"
3. After clicking the button, You will need to fill out a form with your personal information. This information is necessary to process your payment and provide a shipping label.
4. Once completed, click the "Submit" button.
5. Clicking "Submit" will initiate a "Scan to Verify" process. This involves scanning the NFC tag on the product once again. This action serves two purposes, it automatically populates a "hidden" form with essential product information, eliminating the need for manual data entry and it verifies the authenticity of the garment.
6. If the form is successfully submitted, You will receive a confirmation message on the website and via email.
7. Simultaneously, BLK DNM customer support will receive your request and process it manually. This process ensures a seamless experience for customers looking to utilize the Program and contributes to our commitment to sustainability and long-lasting fashion.

To be eligible to participate in the Program, the NFC tag on the garment must be in its original, intact state and remain connected to the original garment. Any tampering, removal, or damage to the NFC tag may render the garment ineligible for the program. Participation in the program is available for as long as the garment is eligible for the program, e.g as long as the NFC- tag is in its intact state.

Under this Program, participants are entitled to a buyback price equivalent to 10% of the purchase price paid by the customer when the garment was initially sold, either through us or a retailer. The precise buyback value will be prominently displayed on the product website. This price remains fixed and does not fluctuate based on the condition of the garment or other external factors, e.g inflation. It's important to note that if you choose to resell the garment to another individual, you forfeit your right to participate in the Program. In such cases, the new owner of the garment assumes the right to participate in the Program with the same terms as the initial customer. By adhering to these eligibility criteria and terms, you can utilize the Program's benefits and contribute to BLK DNM's commitment to sustainability.

PRIVACY POLICY, SECURITY AND SUPPORT

It is Your responsibility to know, understand and abide by Our Privacy Policy, which is incorporated herein by reference. Any information that You may provide during Your use of the Platform is subject to Platform’s Privacy Policy. Any information that You may provide to a third-party site during Your use of the Platform is subject to the third-party site’s privacy policy, and Your use of any third-party site included in the Platform is governed by the terms of service of the applicable third-party site.

You are solely responsible for ensuring that any process, devices and/or services You employ to access or use the Platform do not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system and/or any data contained therein.

ChromaWay AB (“ChromaWay”) is the technical provider of the Platform. If users encounter technical issues or require assistance while using the platform, users can reach out to ChromaWay via the following email address: info@chromaway.com

COMPLIANCE

You acknowledge that certain operations in respect of the Platform may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that You may not use the Platform to engage into any such activities and that We make no representation in respect of, or otherwise in connection with, the suitability of the Platform and/or any output generated by using the Platform, to engage into any regulated activity regarding the Platform or such output’s compliance with laws and regulations applicable to such activities. We neither recommend, nor otherwise advise that You engage in such activities. Your access to the Platform is always initiated on Your own accord, and You are solely responsible for ensuring compliance with applicable local laws.

The use of Our Platform is strictly prohibited and not available to individuals residing in the following countries: North Korea, Russia, Iran, Cuba, Syria, Afghanistan, Belarus, Myanmar, Central African Republic, Congo, Ethiopia, Iraq, Lebanon, Libya, Mali, Nicaragua, Somalia, South Sudan, Sudan, Venezuela, Zimbabwe, Yemen, Tunisia, Haiti, Burundi, Democratic Republic of the Congo. By accessing or attempting to use Our Platform from any of the aforementioned countries, You acknowledge and agree that You are prohibited from doing so. We reserve the right to monitor User activity and take necessary measures to enforce this restriction, including but not limited to blocking access, terminating accounts, or refusing service. Please note that this list of restricted countries may be updated periodically without prior notice. We appreciate Your cooperation and adherence to these Terms, as they are necessary to maintain compliance with legal and regulatory requirements.

USER RESTRICTIONS

You are solely responsible for Your actions, content and behavior. You agree that You will not under any circumstances:

• access the Platform for any reason other than Your non-commercial use solely as permitted by the normal functionality of the Platform,
• collect or harvest any personal data of any User of the Platform, including their private information, IP address, or other network profile data,
• distribute any part or parts of the Platform without Our explicit written permission (except for the operators of public search engines (e.g. Google) who is granted permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis),
• use the Platform for any unlawful purpose or for the promotion of illegal activities,
• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer,
• develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of Our Platform,
• circumvent, disable or otherwise interfere with any security-related features of the Platform or features that prevent or restrict use or copying of content, or enforce limitations on use of the Platform or the content accessible via the Platform,
• use the Platform in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes,
• use the Platform in a manner that is inconsistent with applicable law and these Terms.

The above mentioned restrictions are not an exhaustive list. You agree not to allow or encourage any third party to use Our Platform to commit any of the above-mentioned or similar acts. We handle each instance of violation or alleged violation of these Terms on a case-by-case basis. We reserve the right to act or refrain from acting on any violations in any way We deem appropriate.

Any form of violation of theses Terms may result in any of the following:

• We may delete content or data that You have added to Our system,
• We may take legal action against users who violate these Terms.

OWNERSHIP OF INTELLECTUAL PROPERTY

All intellectual property rights associated with any BLK DNM product or element, including BLK DNM items and the overall visual and functional aspects of the Platform ("look and feel"), whether registered or not, are and will remain the exclusive property of BLK DNM. This encompasses trademarks, illustrations, photographs, images, models, designs, and logos. Without the express prior written consent of BLK DNM, any form of complete or partial reproduction, downloading, modification, or utilization of BLK DNM’s trademarks, illustrations, images, photographs, logos, and designs, whether for direct or indirect commercial purposes and through any medium, is strictly prohibited. These Terms do not grant, and nothing within them should be interpreted as granting, any license or right to use, either wholly or partially, any trademark, design, or copyright belonging to BLK DNM or any third party.

LIMITATION OF LIABILITY AND INDEMNITY

Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this license or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law. To the greatest extent permitted by law and without limiting the generality of this Section, We exclude any liability for any interference or damage to Your devices, computer system and/or any data contained therein in connection with Your access or use of the Platform.

Under no circumstances, except as required by law or agreed upon in writing, will We or any associated parties be responsible for any form of damages to You. This includes various types of damages such as compensatory, direct, indirect, incidental, special, consequential, or exemplary damages. These damages encompass factors like loss of profits, cover costs, goodwill, usage, data, inaccuracies in data, losses to You or third parties, or other intangible losses. This applies even if the possibility of such damages has been communicated, and the damages could arise from or be connected to these Terms or Your use, or inability to use, the Platform.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than (including third party application developers) and received by You through or advertised on the services or received by You on any third party sites.

To the fullest extent permitted by law, We shall not be liable to You for any costs, expenses, loss, or damage (whether direct, indirect, or consequential and whether economic or other) arising from the Your exercise of the rights granted to it under this agreement. This indemnity shall not apply to any liabilities, costs, expenses, damages, or losses incurred by directly or as result of any material breach by of any term of this agreement, or any act of gross negligence or wilful misconduct by Us.

TERMINATION

BLK DNM may, at Our sole discretion at any time, and for any reason or no reason, and without notice or liability, immediately terminate the Platform.

GOVERNING LAW AND DISPUTE RESOLUTION

To the maximum extent allowed under applicable laws, these Terms are governed by the substantive laws of Sweden.

ENTIRE AGREEMENT

These Terms, Shipping & Returns, Terms & Conditions, and Our Privacy Policy, constitute the sole and entire agreement between You and regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. The failure of BLK DNM to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.