Terms and Conditions – KissBerlin

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Terms and Conditions

This website is operated by an online store. Throughout the site, the terms “we”, “our”, and “us” refer to the operator of the site.

The operator provides this website, including all information, tools, and services available to you as the user, subject to the acceptance of all the terms, conditions, policies, and notices stated here.

By visiting this site or purchasing a product, you engage in our “Service” and agree to be bound by the following “Terms and Conditions” (hereinafter, “Terms”), including any additional terms and policies referenced herein and/or available via hyperlinks.

These Terms apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the 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.

This website is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

Section 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you have given us consent to allow your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service (including but not limited to copyright laws).
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an 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 understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, as well as changes to conform and adapt to technical requirements.
Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is not accurate, complete, or current.
The material provided is for general information only and should not be relied upon as the sole basis for decision-making.
This site may contain historical information, which is not necessarily current.
We reserve the right to modify the contents of this site at any time but have no obligation to update any information.
You agree that it is your responsibility to monitor changes to our site.

Section 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part of it) without notice.
We shall not be liable to you or 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 exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products.
We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis.
All product descriptions or pricing are subject to change at any time without notice.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site 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.

Section 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.
We may limit or cancel quantities purchased per person, household, or order.
In the event that we make a change or cancel an order, we may attempt to notify you via the email or phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

Section 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
You are solely responsible for ensuring that you are familiar with and approve of the terms provided by the relevant third-party provider.

Section 8 - THIRD-PARTY LINKS

The Service may include content, products, or services from third parties.
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 and do not warrant and will not have any liability or responsibility for third-party materials or websites.

Section 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request or without a request, you send certain submissions (e.g., creative ideas, suggestions, proposals, plans, or other materials), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium.

We are and shall be under no obligation:

  • to maintain any comments in confidence;

  • to pay compensation for any comments;

  • or to respond to any comments.

Section 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders without prior notice.

Section 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content:

  • (a) for any unlawful purpose;

  • (b) to solicit others to perform unlawful acts;

  • (c) to violate any international, federal, provincial, or state regulations, rules, laws, or ordinances;

  • (d) to infringe upon intellectual property rights;

  • (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;

  • (f) to submit false or misleading information;

  • (g) to upload or transmit viruses or any malicious code;

  • (h) to collect or track personal information of others;

  • (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.

Section 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
You agree that your use of, or inability to use, the service is at your sole risk.

Section 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the operator and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand due to your breach of these Terms or your violation of any law or the rights of a third party.

Section 15 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting 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.

Section 17 - ENTIRE AGREEMENT

These Terms, along with any policies or operating rules posted by us, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.

Section 18 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the relevant jurisdiction, and you agree to submit to the exclusive jurisdiction of its courts.