Terms of service
OVERVIEW
This website is operated by Ekopel2k.de. Throughout the site, the terms “we,” “us,” and “our” refer to Ekopel2k.de. Ekopel2k.de provides this website, including all information, tools, and services available from this site, to you, the user, under the condition of your agreement to all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you agree to use our “Service” and to be bound by the following Terms of Service (“Terms”), including any additional terms, policies, or guidelines referenced herein or linked to on this site. 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 and conditions, you may not access the website or use our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current shop are also subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace parts of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the website after changes are posted constitutes acceptance of those changes.
Our business is hosted by Shopify Inc. They provide us with the online e-commerce platform through which we sell our products and services to you.
SECTION 1 - ONLINE SHOP TERMS
By agreeing to these Terms, you represent that you are at least the legal age in your state or province, or that you are the legal age in your state or province and have given us your consent to allow any minors under your supervision to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms, viruses, or any code of a destructive nature.
Any breach or violation of any of the Terms will result in immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service at any time for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and (a) may involve transmissions over various networks; and (b) may involve changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during network transmission.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, your use of the Service, or access to the Service or any contact on the site through which the Service is provided, without express written permission from us.
The headings used in this agreement are for convenience only and do not affect the Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information 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 as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Your use of the material on this site 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 contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We 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 exclusively online through the website. These products or services may be available in limited quantities and are subject to our return policy.
We have made every effort to accurately display the colours and images of our products appearing in the store. However, 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 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 products or services that we offer. All product descriptions or product pricing are subject to change at our sole discretion without notice.
We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not guarantee 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, 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.
If we make a change or cancel an order, we may attempt to notify you by contacting the email 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 judgment, 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 further details, please review our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.
You acknowledge and 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 related to your use of optional third-party tools.
Your use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party.
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.
SECTION 8 - LINKS TO THIRD-PARTY SITES
Certain content, products and services available via our Service may include materials from third parties.
Links to third-party sites 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 third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any damage or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please carefully review the third party’s policies and practices and make sure you understand them before participating 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 specific 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, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any comments that you forward to us. We are not required to treat comments as confidential, to pay compensation for comments, or to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your comments will not contain defamatory, libellous, offensive, illegal, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the functionality or operation of the Service or related websites.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We do not endorse any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of your 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 or in the Service that contains 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 if information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
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.
It should not be assumed that all information in the Service or on any related website has been updated or current.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as 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 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 submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will 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) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 for violating any of the prohibited uses.
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.
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 or cancel 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 delivered 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, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties arising by course of dealing or usage of trade or performance.
In no case shall Ekopel2k.de, our directors, employees, partners, 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ekopel2k.de and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, interns, suppliers, service providers, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined 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 severable from these Terms, such determination shall not affect the validity and enforceability of any other 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 are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole discretion you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you remain liable for all amounts due up to and including the date of termination; and/or accordingly 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 shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable.
SECTION 19 - CHANGES TO TERMS
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info [at] ekopel2k [dot] com.