Terms of service

OVERVIEW
Welcome to BergVibes Store! The terms "we," "us," and "our" refer to BergVibes Store. BergVibes Store operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). BergVibes Store is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or control.
In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide on our stores is accurate, current, and complete, and that you have the legal right to provide such information.
You are solely responsible for maintaining the security of your account login information and for all activities under your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of the products may vary from those displayed on your screen depending on the device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match those depicted in our online stores.
All product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing an order, you are making an offer to purchase. BergVibes Store reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order will only be considered accepted upon confirmation by BergVibes Store. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as BergVibes Store may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided when placing the order.
Returns or exchanges of your purchases will only be accepted in accordance with our Right of Withdrawal [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service is the price in effect at the time of your order and will be set forth in the order confirmation email. Unless expressly stated otherwise, prices quoted do not include any taxes, shipping, handling, customs, or import fees.
The prices quoted in our online stores may differ from those in brick-and-mortar stores or from online or other stores operated by third parties. We may, from time to time, offer promotions for the Services that may affect pricing and have different terms and conditions than these Terms. In the event of any inconsistency between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and service charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and 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. Once we transfer the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade dress, text, artwork, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are owned by BergVibes Store, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants you, nor shall any such grant be construed as constituting a license or other right to any patents, trademarks, copyrights, or other intellectual property of BergVibes Store, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by BergVibes Store.
The BergVibes Store names, logos, product and service names, designs, and slogans are trademarks of BergVibes Store or its affiliates or licensors. You may not use these trademarks without BergVibes Store's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third-party providers as part of the Services, which we neither monitor nor have any control nor 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 disclaim any liability arising from or related to your use of optional third-party tools.
Your use of any optional tools offered through the Site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and accept the terms and conditions under which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall be considered part of the Services and subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services and access such materials or third-party websites, you do so entirely at your own risk.
We are not liable for any damage or loss that may arise from your access to third-party websites or from your purchase or use of any products, services, resources, or content available on third-party websites. You should carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
BergVibes Store is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make on our store are concluded directly with BergVibes Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and BergVibes Store, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with BergVibes Store.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. In addition, certain personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information you submit to the Services will be shared with Shopify, as well as with third parties who may be located in countries other than your country of residence to provide the Services to you. Please see our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms.
You also represent and warrant that: (i) you own or have full and complete control over all Feedback Content; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) maintain your Feedback confidentially, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but have no obligation, to monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or infringes any party's intellectual property or these Terms of Service.
You represent and warrant that your Feedback does not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further represent and warrant that your Feedback does not contain libelous or otherwise unlawful, abusive, or obscene statements and is free of any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third-parties as to 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 there may be information on 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. In the case of inaccuracies, we reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to violate or infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit any false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Service; (g) to transmit or procure the transmission of any advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) engage in any other conduct that restricts or inhibits the use and enjoyment of the Services, or which, in our sole discretion, may harm BergVibes Store, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) engage in any spam, phishing, pharm, pretext, spider, crawl, or scrape activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may, at our sole discretion, terminate this Agreement or your access to the Services (or any part thereof) at any time without notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which, by their nature, should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general information purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Your reliance on this information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY BergVibes Store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BergVibes Store, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BergVibes Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.
We will notify you of all indemnifiable claims, provided that failure to do so promptly will not relieve you of your obligations unless you are materially disadvantaged as a result. We may manage the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that requires you to make non-monetary commitments without your consent (which consent shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing us with relevant documentation.

SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be in effect 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 the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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. They supersede all 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – 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 federal and state or territorial courts of the country in which BergVibes Store is headquartered. You and BergVibes Store consent to the personal jurisdiction and venue of such courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THESE TERMS AND CONDITIONS
You can review the most current version of these Terms and Conditions at any time at 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 periodically check our website for changes. We will notify you of any material changes to these Terms and Conditions in accordance with applicable law. Such changes will be effective on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
For questions about the Terms and Conditions, please contact bergvibes-mail@gmx.de.

Our contact information is listed below:
Gustav Melchert
bergvibes-mail@gmx.de
Unter dem Lohberg 26, 37434 Gieboldehausen

+491608121656

Commercial Register: 0000817102
VAT ID: DE364355261