Terms of Service
OVERVIEW
The Christer operates this website and is referred to as “we”, “us”, and “our” throughout the site. We offer the website, including all its information, tools, and services, to you, subject to your acceptance of all terms, conditions, and notices presented.
Your visit to our site or purchase from us signifies your participation in our "Service" and your agreement to our terms and conditions ("Terms of Service"). This includes additional terms and policies referenced or accessible via hyperlink. These Terms are applicable to all site users, including browsers, vendors, customers, and content contributors.
Before using our website, please review these Terms of Service carefully. By using any part of the site, you agree to these Terms. If you disagree with this agreement's terms, you are prohibited from accessing the site or using any services. These Terms of Service constitute an offer, with acceptance strictly confined to these terms.
New features or tools added to the current store also fall under these Terms of Service. The latest version of the Terms can always be reviewed on this page. We may modify these Terms by updating or changing them on our site. You are responsible for regularly reviewing this page for any changes. Continuing to use or access the website after changes are posted means you accept those changes.
Our store is hosted by Shopify Inc., providing the online e-commerce platform that enables us to offer our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you affirm that you have reached the age of majority in your region or, if not, you have obtained consent from a legal guardian to use this site and to permit any of your minor dependents to do so.
You are prohibited from using our products for illegal activities or in ways that breach any local laws, including copyright laws.
You are also forbidden from disseminating harmful computer codes like viruses, worms, or any destructive software.
Violating any of these Terms will lead to the immediate cessation of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We maintain the discretion to deny service to anyone at any time for any reason.
Be aware that your data, excluding credit card details, may be transmitted in an unencrypted form. This process can include (a) passing through various networks and (b) being modified to meet the technical specifications of connecting networks or devices. Rest assured, credit card data is always encrypted when transmitted over networks.
You are prohibited from replicating, duplicating, copying, selling, reselling, or exploiting any part of the Service, including its use or access, as well as any content on the website through which the Service is provided, without our explicit written consent.
The section titles in this agreement are used for your convenience only and do not influence the interpretation or enforcement of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee the accuracy, completeness, or timeliness of the information presented on this site. The content provided here is for informational purposes only and should not be the sole factor in decision-making. It's advisable to consult primary and more current sources for important decisions. Using information from this site is entirely at your own risk.
The site may also include historical data, which is inherently outdated and only intended for reference. While we can change the content of this site at any moment, there is no obligation on our part to update any information. It falls under your responsibility to stay informed of any changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We maintain the right to alter the prices of our products and can do so at any time without prior notification.
At our discretion, we can modify or cease the Service, or any part of it, at any moment, and without prior notice.
In the event of any changes in pricing, modifications, suspensions, or discontinuation of the Service, we bear no responsibility to either you or any third party.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some of our products or Services are exclusively available for purchase online via our website. Availability of these items is limited, and they can only be returned or exchanged in line with our Refund Policy.
While we strive to accurately represent our product colors and images in our online store, we cannot assure that the color display on your monitor will be precise.
We hold the right, without obligation, to restrict our product and Service sales to specific individuals, regions, or jurisdictions, and may apply this right selectively. Furthermore, we retain the right to limit available quantities of our products or Services. We may alter product descriptions and pricing at any time without prior notice, at our discretion, and have the right to cease offering any product whenever we choose. Offers on our site are null and void where prohibited.
We make no guarantees regarding the quality of products, Services, information, or other materials you purchase or obtain, nor do we promise to meet your expectations or rectify any Service errors.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We hold the authority to decline any orders you place with us. At our discretion, we may limit or cancel the number of items purchased by an individual, household, or per order. This may apply to orders made under the same customer account, using the same credit card, and/or those sharing a billing or shipping address. If changes or cancellations occur, we'll try to inform you using the email, billing address, or phone number provided at the time of order. We also reserve the right to refuse orders that we believe, based on our judgment, are made by dealers, resellers, or distributors.
You commit to providing accurate, up-to-date, and complete information for all your purchases at our store. You also agree to promptly update your account and other details, such as email addresses and credit card information, to facilitate transaction completion and necessary communication.
For additional information, kindly refer to our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We might give you the opportunity to use third-party tools that we don't oversee, control, or influence.
When you access these tools, you recognize that they are offered "as is" and "as available," without any form of warranty, endorsement, or representation from us. We are not responsible for any issues or damages linked to your use of these third-party tools.
Your decision to use these tools provided on our site is solely at your risk and discretion. It's important that you familiarize yourself with and agree to the terms set by the respective third-party providers.
Additionally, we may introduce new features and/or Services on our website in the future, including new tools and resources. These new offerings will also fall under the umbrella of these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may feature content, products, and services that include third-party materials.
Links on our site may lead you to external websites operated by parties not associated with us. We don't undertake the responsibility of reviewing their content for accuracy. Consequently, we offer no guarantees and accept no responsibility or liability for any third-party materials, websites, or other products and services offered by third parties.
Any negative experiences or damage arising from your interactions, purchases, or use of services, resources, content, or any transactions on third-party websites are not our responsibility. We advise you to thoroughly understand the policies and practices of these third parties before engaging in any transactions with them. Should you have any issues, claims, queries, or concerns about third-party products, these should be addressed directly with the respective third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Should you, upon our invitation, submit specific items (like contest entries), or voluntarily offer creative ideas, suggestions, plans, or other materials through various means (collectively referred to as 'comments'), you consent to our unrestricted use of these comments. This includes the right to edit, reproduce, publish, distribute, and translate these comments at our discretion. We are not obliged to keep comments confidential, offer compensation for them, or provide responses to them.
While we reserve the right, we are not obligated to oversee, modify, or remove content that, in our sole judgment, may be illegal, harmful, libelous, pornographic, or otherwise inappropriate, or that infringes any intellectual property rights or breaches these Terms of Service.
You ensure that your comments won't infringe any third party's rights, including copyright, trademark, privacy, and other personal or proprietary rights. Your comments should not be unlawful, abusive, obscene, or contain viruses that could impact the Service or related websites. You must not use a false email address, impersonate others, or mislead us or third parties about the origin of your comments. The responsibility for the content and accuracy of your comments lies with you alone. We bear no responsibility and accept no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The personal information you provide via our store is managed according to our Privacy Policy, accessible here: PRIVACY POLICY.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
At times, our site or Service might have typographical mistakes, inaccuracies, or missing information related to product details, prices, promotions, offers, shipping costs, delivery timelines, and product availability. We hold the right to rectify any such errors, inaccuracies, or omissions and to alter or update information or cancel orders if the information on the Service or any associated website is found to be incorrect at any time without prior notification, even after your order has been placed.
We are not committed to regularly revising or clarifying information in the Service or on any related website, including pricing information, unless legally mandated. The absence of a recent update or refresh date in the Service or on any associated website should not be interpreted as an indication that all the information has been changed or brought up to date.
SECTION 12 - PROHIBITED USES
As outlined in our Terms of Service, you are strictly forbidden from engaging in certain activities on this site or with its content. These include: (a) any illegal activities; (b) encouraging others to partake in unlawful acts; (c) breaching any international, federal, state, provincial, or local laws and regulations; (d) violating our or others' intellectual property rights; (e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) uploading or transmitting harmful codes like viruses that might compromise the functionality of the Service, any related website, other websites, or the Internet; (h) gathering or tracking others' personal information; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) any obscene or immoral purposes; and (k) attempting to breach or circumvent the security features of the Service, any related website, other websites, or the Internet. Should you violate any of these prohibitions, we reserve the right to terminate your access to the Service or any associated website.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot assure that your use of our Service will be uninterrupted, timely, secure, or error-free. Also, we cannot confirm the accuracy or reliability of outcomes derived from using the Service.
There may be times when we need to suspend the Service for indefinite periods or terminate it without prior notice.
Your decision to use or inability to use the Service is solely at your risk. The Service, along with all products and services provided to you through it, are offered 'as is' and 'as available,' without any kind of warranty, whether express or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstance will The Christer, our directors, officers, staff, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained using the Service. This also applies to any other claims related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in content or any loss or damage of any kind incurred as a result of using the Service or any content (or product) made available through the Service, even if advised of their possibility. Where certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in these locations will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You consent to absolve and protect Smarlix, along with our parent company, subsidiaries, affiliates, partners, executives, directors, agents, contractors, licensees, service facilitators, subcontractors, suppliers, interns, and employees, against all liabilities, claims, or demands, including reasonable legal fees, that any third party may lodge due to or stemming from your violation of these Terms of Service or related documents, or your infringement of any law or third-party rights.
SECTION 15 - SEVERABILITY
Should it be found that a section of these Terms of Service is illegal, void, or unenforceable, that part shall still be upheld to the maximum extent allowed by law. The portion deemed unenforceable will be considered separate from these Terms of Service, but this will not impact the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
All obligations and liabilities of both parties incurred before the end of this agreement will continue to be valid post-termination for all purposes.
These Terms of Service remain in effect until they are terminated by either you or us. You have the option to end these Terms of Service at any moment by informing us that you no longer wish to utilize our Services, or by discontinuing your use of our site.
Should we, based on our sole judgment, determine or suspect your non-compliance with any part of these Terms of Service, we reserve the right to terminate this agreement at any time without prior notice. In such a case, you will still be responsible for all charges incurred until the termination date. Additionally, we may restrict your access to our Services, wholly or partially.
SECTION 17 - ENTIRE AGREEMENT
Our inability to act on or uphold any right or clause within these Terms of Service doesn’t imply a waiver of that right or provision.
These Terms of Service, together with any guidelines or rules we've posted on this site or regarding the Service, represent the complete agreement and mutual understanding between you and us. They govern your use of the Service and override any prior or concurrent agreements, communications, and proposals, be they spoken or written, between you and us (including earlier versions of the Terms of Service).
Should there be any uncertainties in interpreting these Terms of Service, they should not be interpreted against the party responsible for drafting them.
SECTION 18 - GOVERNING LAW
The governance and interpretation of these Terms of Service, along with any separate agreements under which we offer you Services, will be in accordance with German law.
SECTION 19 - CHANGES TO TERMS OF SERVICE
At all times, you can access the latest version of the Terms of Service on this page. We have the authority to amend, modify, or substitute elements of these Terms of Service at our discretion by updating them on our website. Regularly checking our website for any such updates is your responsibility. By continuing to use or access our website or the Service after any revisions to these Terms of Service are posted, you are agreeing to accept those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@smarlix.com.
Our contact information is posted below:
contactthechrister@gmail.com
KochMedia UG
53424 Remagen
Germany