Terms and Conditions
OVERVIEW
This website is operated by Christopher Bachleitner. Throughout the website, the terms ‘we’, “us” and ‘our’ refer to Christopher Peter Bachleitner. Christopher Peter Bachleitner offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms and Conditions’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the website, including, but not limited to, users who are visitors, vendors, customers, merchants, and/or contributors. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.
Any new features or tools added to the current shop shall also be subject to the terms and conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you use the service in violation of any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any other code of a destructive nature.
Violation or breach of any of these terms and conditions will result in the immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your information (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms and conditions.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content on this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. Shopify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available only online through the website. These products or services may be limited in quantity and subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor will display any colour accurately. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we may complete your transactions and contact you as necessary. For more details, please see our Returns Policy.
SECTION 7 - ADDITIONAL TOOLS
We may offer you access to third-party tools that we neither monitor nor control nor have any influence over.
You agree that we provide access to these tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of any additional third-party tools.
Any use of additional tools offered through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party websites or materials or for any other materials, products, or services of third parties.
We are not liable for any damages incurred in connection with the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit certain submissions (e.g. competition entries) at our request or, without our request, creative ideas, suggestions, proposals, plans or other materials online, by email, post or otherwise (collectively, ‘Comments’), you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any Comments you forward to us in any medium, without limitation. We are and will not be obligated to (1) treat any comments as confidential, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.
You agree that your comments will not violate any third party rights, including, but not limited to, copyright, trademark, privacy or publicity rights, or other personal or proprietary rights. You further agree that your comments will not contain any libellous, defamatory or otherwise unlawful, abusive, hateful or obscene material or any computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for comments posted by you or any third party.
SECTION 10 - PERSONAL DATA
The transmission of personal data via the Shop is subject to our Privacy Policy. Please read our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information related to the Service or on any related website is incorrect, at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information relating to the Service or on any related website, including, but not limited to, pricing information, unless required by law. Any update dates specified in relation to the Service or any related website should not be taken to indicate that all information in relation to the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following purposes:(a) for unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit any viruses or any other type of malicious code that in any way impairs the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal data of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any associated website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service indefinitely or discontinue it at any time without notice to you.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service and all products and services offered to you through the Service are provided to you (unless expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.
In no event shall Christopher Bachleitner, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, arising out of or in any way connected with the use of the Service or any products procured through the Service, or for any other claims related in any way to the use of the Service or any product, including, but not limited to, errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such countries or jurisdictions, our liability is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Christopher Peter Bachleitner and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees in connection with any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your violation of these Terms and Conditions or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If, in our sole discretion, you fail to comply with any provision of these Terms and Conditions, or we suspect that you have failed to do so, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and offers, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of Lehener Straße 10, 5020, Salzburg, Austria.
SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS
You can view the most recent version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the terms and conditions should be directed to us at ----------@eee.com.