Terms of service
TERMS AND CONDITIONS
OVERVIEW
Welcome to philipzoegl! The terms "we", "us", and "our" refer to philipzoegl. philipzoegl operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the "Services"), to provide you, the customer, with a personalized shopping experience. The Services are powered by Shopify.
These Terms and Conditions, together with any policies referenced herein (the "Terms"), describe your rights and obligations when using our Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices owned, purchased, or managed by you.
To use certain Services, including browsing our online store or purchasing products or services, you may be required to provide information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, complete, and that you are authorized to provide it.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not assign, transfer, sell, or otherwise make your account available to another person.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to display our products and services as accurately as possible. However, colors and the appearance of products may vary depending on your device, display settings, and configuration.
We do not guarantee that the appearance or quality of any product or service purchased will exactly match your expectations or the representations shown in our online store.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase. philipzoegl reserves the right to accept or reject any order at its sole discretion and for any reason.
Your order is not considered accepted until it has been confirmed by philipzoegl. Acceptance is subject to successful receipt and processing of your payment.
Please review your order carefully before submitting it, as cancellation requests may no longer be possible once your order has been accepted.
If we refuse, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided with your order.
Returns and exchanges are governed exclusively by our Return & Withdrawal Policy [LINK].
You represent that purchases made through our store are intended solely for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotional offers may change without prior notice.
The price charged for a product or service is the price in effect at the time the order is placed and will be confirmed in your order confirmation email.
Unless expressly stated otherwise, prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.
Prices shown in our online store may differ from prices offered in physical stores or on third-party websites.
We may occasionally offer promotions that are subject to separate terms. In the event of any conflict, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
You further agree to promptly update your account information, including your email address and payment details, so we can complete your transactions and contact you when necessary.
You represent and warrant that:
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the payment information you provide is accurate and complete;
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you are authorized to use the selected payment method;
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all charges incurred will be honored by your payment provider; and
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you will pay all charges incurred, including shipping costs, handling fees, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays.
All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our reasonable control.
Ownership of, and risk of loss for, the products passes to you once the goods have been handed over to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, illustrations, photographs, graphics, product reviews, audio and video content, and their design, selection, and arrangement, are the property of philipzoegl, its affiliates, or its licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws.
These Terms grant you a limited, personal, non-commercial right to use our Services.
Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained within the Services.
Nothing in these Terms grants you any license or right to any patents, trademarks, copyrights, or other intellectual property belonging to philipzoegl, Shopify, or any third party.
Unauthorized use of the Services may violate intellectual property laws.
All rights not expressly granted herein are reserved by philipzoegl.
The names, logos, product names, service names, designs, and slogans of philipzoegl are trademarks of philipzoegl or its affiliates or licensors and may not be used without prior written permission.
Shopify and all related names, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other trademarks displayed on the Services remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services. These tools are provided by third parties over whom we have no control or influence.
You acknowledge and agree that such tools are provided on an "as is" and "as available" basis, without any warranties, representations, conditions, or endorsements of any kind.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Services is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms and conditions under which such tools are provided by the respective third-party providers.
We may also introduce new features, tools, or resources in the future. Such new features shall also be considered part of the Services and shall be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or hyperlinks to websites operated by third parties, including embedded third-party features.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
If you choose to leave our Services and access third-party websites, you do so entirely at your own risk.
We shall not be liable for any damage or loss arising from your use of third-party websites or from the purchase or use of products, services, resources, or content offered by third parties.
Before engaging in any transaction with a third party, you should carefully review their policies and terms.
Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Services are powered by Shopify.
However, all purchases and sales made through this online store are concluded directly between you and philipzoegl.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and philipzoegl, including any injury, damage, loss, or claims arising from products or services purchased through this store.
You expressly release Shopify and its affiliates from any liability arising out of or relating to your purchases and transactions with philipzoegl.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy, available here: [LINK].
Certain personal information may also be subject to Shopify's Privacy Policy.
By using our Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them.
Information you submit through the Services may be transferred to Shopify and third-party service providers located in countries other than your own.
For more information on how we, Shopify, and our partners process personal information, please refer to our Privacy Policy.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews, comments, proposals, plans, or any other content ("Feedback") by any means, including email or through the Services, you grant us a perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Feedback in any medium and for any purpose, including commercial purposes.
You represent and warrant that:
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you own or otherwise control all rights to the Feedback you submit;
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you have disclosed any compensation or incentives received in connection with the Feedback; and
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your Feedback complies with these Terms.
We are under no obligation to:
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keep any Feedback confidential;
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pay compensation for any Feedback; or
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respond to any Feedback.
We reserve the right, but have no obligation, to monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or violates these Terms.
You further represent that your Feedback does not infringe any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other proprietary rights.
Your Feedback must not contain defamatory, unlawful, abusive, obscene, or malicious content, including computer viruses or other malware that could interfere with the operation of the Services.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for your Feedback and its accuracy.
We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability.
We reserve the right to correct any such errors, inaccuracies, or omissions, to update or change information, or to cancel orders where information is inaccurate, at any time and without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not directly or indirectly use the Services:
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for any unlawful or fraudulent purpose;
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to violate any applicable international, national, regional, or local laws or regulations;
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to infringe our intellectual property rights or those of others;
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to harass, abuse, insult, intimidate, threaten, or discriminate against any person;
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to submit false or misleading information;
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to upload, transmit, or distribute material that violates these Terms;
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to distribute spam, chain letters, unsolicited advertising, or similar communications;
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to impersonate another person or entity; or
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to engage in any conduct that interferes with or restricts another person's use of the Services or that may expose philipzoegl, Shopify, or other users to harm or liability.
In addition, you agree not to:
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upload or transmit viruses or other malicious code;
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reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
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collect or track the personal information of others;
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engage in spam, phishing, scraping, crawling, or similar activities; or
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interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend, disable, or terminate your account without prior notice if we determine that you have violated any provision of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to all or part of the Services at any time and at our sole discretion, without prior notice.
You remain responsible for all amounts due up to the date of termination.
The following provisions shall survive termination:
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Intellectual Property
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Feedback
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Termination
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Disclaimer of Warranties
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Limitation of Liability
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Indemnification
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Severability
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Waiver
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Entire Agreement
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Assignment
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Governing Law
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Privacy Policy
and any other provisions that by their nature are intended to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information made available through the Services is provided for general informational purposes only.
We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is entirely at your own risk.
EXCEPT AS EXPRESSLY STATED BY philipzoegl, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion of certain implied warranties. Therefore, some of the above exclusions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, philipzoegl, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
This limitation also applies to any claims arising from errors or omissions in any content, or from any loss or damage resulting from the use of content or products made available through the Services, even if advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless philipzoegl, Shopify, and our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, and expenses, including reasonable legal fees, arising out of or relating to:
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your breach of these Terms or any documents incorporated by reference;
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your violation of any applicable law; or
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your infringement of the rights of any third party.
We will notify you of any claim for which indemnification is sought. Failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced as a result.
We reserve the right to control the defense and settlement of any such claim at your expense. You agree to cooperate with us by providing relevant information and documentation where reasonably required.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted on this website, constitute the entire agreement between you and philipzoegl regarding your use of the Services.
They supersede all prior or contemporaneous agreements, communications, negotiations, and proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms shall not be construed against the party responsible for drafting them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or otherwise delegate your rights or obligations under these Terms without our prior written consent.
Any attempted assignment in violation of this provision shall be null and void.
We may assign, transfer, or delegate our rights and obligations under these Terms without restriction and without prior notice to you.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide the Services shall be governed by and construed in accordance with the laws applicable in the country where philipzoegl has its principal place of business.
You and philipzoegl agree to submit to the exclusive jurisdiction of the competent courts of that jurisdiction.
SECTION 22 – HEADINGS
The headings used in these Terms are provided solely for convenience and shall not affect the interpretation of any provision.
SECTION 23 – CHANGES TO THESE TERMS
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by publishing changes on our website.
It is your responsibility to review this page periodically for updates.
Where required by applicable law, we will notify you of material changes to these Terms.
Such changes shall become effective on the date specified in the notice.
Your continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms.
SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms and Conditions, please contact us at: