This website www.gotchaeurope.com is operated by Gotcha Europe  
TVmania GMBH
Rheinpromenade 6
40789 Monheim
Germany
VatDE 812 842 242
(we/us).

The GOTCHA trade marks and the domain name url http;//www.gotchaeurope.com are owned by Perry Ellis International, Inc. and/or its related affiliates including but not limited to Perry Ellis International Group Holdings Limited  (collectively "PEI") and are used and reproduced under licence from PEI. 

The terms and conditions set out below (Terms of Use) are the terms on which we give you access to the Site.  Please read these Terms of Use carefully, because your use of the Site constitutes and confirms your agreement to be legally bound by these Terms of Use.

If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site.

We reserve the right to revise these Terms of Use from time to time. When we make changes, we will post them here. You should check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications. If aged under 18, you confirm that you are accessing the Site with full parental/guardian consent.

In consideration of us giving you access to the Site you agree as follows:

Site Usage Policy

(A) Security
You agree that you will  not breach or attempt to breach the security measures on the Site. In particular you will not:

  1. Use a false password or one belonging to another user or access data not intended for the user or log into a server or account which such user is not authorised to access;
  2. Disclose a password or permit a third party to use a password or fail to notify us if a password is compromised
  3. Attempt to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  4. Attempt to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
  5. Send unsolicited e-mail, including promotions and/or advertise products or services;
  6. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
  7. Hijack all or any part of the Site content, delete or change any Site content, deploy pop-up messages or advertising, run or display this Site or any Site content in frames or through similar means on another site, or link to the Site or any page within the Site, without our specific written permission.

(B) General Rules
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful or might tend to bring us or PEI into disrepute.

(C) Breach
We have absolute discretion to determine if any use breaches these rules, and to act as we deem appropriate in the event of any breach. You should be aware that a breach of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such breaches and we may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such activity.

Site Content
Unless otherwise specifically stated, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Content") are property owned, controlled, licensed by us or PEI or used with permission of PEI or a third party The Site as a whole and its Content are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Content are owned by or used with permission. The "Gotchaeurope.com" domain name, the Gotcha trade marks and all other trademarks appearing on this Site are trade marks of PEI or are licensed or used with permission of the owner.

If you believe that any Content infringes the intellectual property or other rights of any third party, please send us an email at arthur@gotchaeurope.com.

The Content of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any Content or downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify, create databases or any derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without our prior written consent or that of the owner of such material.

Product Information
Gotcha products displayed on the Site are generally available in most cases in select department or company owned stores in the UK and/or European markets while supplies last. While efforts are made to ensure that we have sufficient products to meet anticipated demand, in some cases, products displayed on the Site may not be available in stores (or available in all sizes) and we cannot warrant that any of the products or services displayed on the Site will be available at any time or location.  Prices displayed on the Site are displayed in Euros and are those for which the products are offered for sale at chains stores,surf shops and sports shops. The prices of the products in other stores and other countries may vary.

Colours
We have made every effort to display as accurately as possible the colours of the products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, Comments) shall be and remain our property.   By disclosing, submitting or offering any Comments to the Site or to us you assign to us with full title guarantee all right, title and interest to all intellectual property rights (including but not limited to copyright) in the Comments for the full duration of such rights.  We you are not able to assign these rights to us you grant to us an irrevocable, exclusive royalty free licence in the Comments for us to exploit such rights as if we were the owner. We are not obliged (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; (3) to display; or (4) to respond to any Comments.

You warrant and undertake that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material or material likely to bring us or PEI into disrepute. You are and shall remain solely responsible for the content of any Comments you make.  If we receive a complaint from a third party that your Comments infringe their rights in any way, we reserve the rights to provide your contact details to those third parties.

You agree that we may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of PEI's products or services, or for such other purpose(s) as we deem appropriate. You agree that we may use and/or disclose information consistent with our Privacy Policy.

Indemnity
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Links to Other Websites
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which we do not own, operate or control.  Any such links are provided solely as a convenience to you. If you click on these links, you do so at your own risk and will leave this Site. We make no representations or warranties concerning them and we are not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by us and we are not liable for any loss or damage which you may suffer as a consequence. We recommend that you review the terms of use and privacy policies of those sites.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website.

Exclusion and Limitation of Liability
We do not exclude any liability for death or personal injury caused by our negligence, breach of statutory duty or other willful act.  We also do not exclude liability as a result of our personal repudiatory breach of these terms.   

Otherwise, to the fullest extent permitted by any relevant law:

  • all warranties (express or implied) in respect of the Site and the Content of it and your use of the Site and the Content are excluded;
  • neither we nor PEI or any of its or our subsidiaries officers employees or agents shall be liable for any: indirect; economic; punitive; or consequential loss arising from the use of this Site or these terms of use (and for these purposes consequential loss shall include without limitation all loss of profit, opportunity, anticipated profit, anticipated revenue, business and/or goodwill); and
  • we will only be responsible for losses, claims or damages that are reasonably foreseeable to both you and us at the time of your accessing this site and only we have agreed to be responsible for such losses.

While effort has been taken to ensure the Site is free from viruses, no warranties are given and you should ensure you have installed adequate virus-checking software.We shall not be liable for any damage to, interruption of service or viruses that may infect your computer or telecommunications equipment arising from your access to or use of this Site and its Content.

Inaccuracy Disclaimer
While effort has been taken to ensure the Site and Content are reasonably accurate, from time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. The information on the Site has been included for general information and should not be relied on for any specific purpose and no representation or warranty is given to its accuracy or completeness save where subject to a separate specific contract with you. We cannot guarantee that you will have uninterrupted access to the Site due to technical matters which may be beyond our control.

If you are aware of any errors please contact us by email arthur@gotchaeurope.com

Miscellaneous
This Site and the Content thereof are displayed solely for the purpose of promoting Gotcha products and services available in Europe. This Site is controlled and operated by us from our offices in Germany.

This Agreement shall be governed by, construed and enforced in accordance with English law, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be subject to the non-exclusive jurisdiction of the High Court of England and Wales.

Third-Party Trademarks

Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

TVMania  GMBH, Inc.
European Headquarter Office
Rheinpromenade 6
40789 Monheim
Germany
VIA EMAIL: Arthur@gotchaeurope.com

Please send any concerns regarding our products or services to Arthur@gotchaeurope.com

Termination

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole judgement you fail to comply with any term or provision of this Agreement. Any such termination shall be without prejudice to any existing rights or claims at the time of termination