When you visit our website and/or purchase something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms", "Terms"), including additional terms and conditions and policies , which are mentioned herein and/or available via hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are visitors, vendors, customers, merchants, and/ or contributors of content.
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 store will 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 any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store 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 website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any other code of a destructive nature.
A breach or violation of any of these 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 information (other than credit card information), may be transferred unencrypted and 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 when transmitted over networks.
You agree not to reproduce, duplicate, copy or distribute any portion of the Service, use of the Service, or access to the Service or any contacts on the website through which the service is provided, without express written permission by us sell, resell or exploit.
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 information made available on this site is not accurate, complete or current. The material on this site 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 entirely at your own risk.
This site may contain certain historical information. Historical information may not necessarily be current and is provided for your convenience only. We reserve the right to change the contents of this website at any time, but we have 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 SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Shopify will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products or services may be available only online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor will display every color 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 descriptions of products or product pricing are subject to change at any time without notice, 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 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, at 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, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, 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 store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please read our returns policy .
SECTION 7 - ADDITIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You agree that we provide access to such 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 relating to your use of 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 the terms and conditions on which the tools are provided by the relevant third party provider(s). are familiar and agree with them.
We may also, in the future, offer new services and/or features through the website (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 website 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 we do not warrant and will not have any liability or responsibility for any materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any 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, at our request, you send certain submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments") you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will have no obligation to (1) maintain any comments confidential, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service obligated.
You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, 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 any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally our website or our Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 at any time without prior notice (including after you have submitted your order) relating to the service or is incorrect on any related website.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any update dates provided in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (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 interfere with 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) submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your 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 from time to time we may remove the service for indefinite periods of time or discontinue the service at any time, without notice to you.
You expressly agree that your use of, 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 (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, neither express nor 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 avenida SANTIAGO GmbH, 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, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) or strict liability or otherwise arising from the use of the Service or any products obtained through the Service, or for any other claim relating in any way to the use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage whatsoever Nature arising from the use of the Service or any content (or products) posted, transmitted or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless avenida SANTIAGO GmbH and our parent, subsidiaries, affiliates, partners, officers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees in connection with any claim or demand, including reasonable attorneys' fees, which indemnify, defend and hold harmless any claim brought by any third party due to your breach of these Terms and Conditions or the documents they incorporate by reference, 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 determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect its validity and enforceability of the 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 when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, 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 will deny you access to our services (or parts thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure by us 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 and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or in writing, between you and us (including without limitation any previous versions of the Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions should not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Haagstrasse 40, Eckental, Bavaria, 90542, Germany.
SECTION 19 – CHANGES TO 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, 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 regularly for possible 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 General Terms and Conditions should be directed to us at email@example.com.