Terms of service

OVERVIEW

Welcome to Kwrak Online Shop! The terms ‘we’, “us” and ‘our’ refer to Kwrak Online Shop. Kwrak Online Shop operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a customised shopping experience (the ‘Services’). Kwrak Online Shop is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies mentioned 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 cover 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 and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor family members to use the Services on devices that you own, have purchased or manage.

In order to use the Services, including accessing or navigating our online shops 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 in our shops is accurate, current and complete, and that you have full authority to provide such information.

You are solely responsible for the security of your account login details and for all activity on your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online shops as accurately as possible. However, we would like to point out that the colours or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any person, geographical region or jurisdiction on a case-by-case basis.

Section 3 – ORDERS

By placing an order, you are making an offer to purchase. Kwrak Online Shop reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until it has been confirmed by Kwrak Online Shop. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as Kwrak-Online-Shop may not be able to consider 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 telephone number provided when the order was placed.

The return or exchange of your purchases is only possible in accordance with our right of withdrawal [LINK].

You warrant and represent that your purchases are for your personal use or the use of your household and not for commercial resale or export.

SECTION 4 – PRICES AND INVOICING

Prices, discounts and special offers are subject to change without notice. The price charged for a product or service is the price valid at the time of the order and will be specified in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs or import duties.

The prices stated in our online shops may differ from the prices in brick-and-mortar shops or in online shops or other shops operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions other than these Terms and Conditions. In the event of any discrepancy between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorised to use this credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company, and (iv) you will pay the costs incurred by you at the prices stated, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible 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 control. Once we have delivered the products to the shipping carrier, the title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, logos, text, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are the property of Kwrak-Online-Shop, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit the material contained in the Services. Unless expressly provided herein, nothing in these Terms and Conditions grants you any licence or other rights to patents, trademarks, copyrights or other intellectual property of Kwrak-Online-Shop, Shopify or third parties, nor can any such grant be inferred from these provisions. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws.

All rights not expressly granted herein are reserved by Kwrak-Online-Shop. The names, logos, product and service names, designs and slogans of Kwrak-Online-Shop are trademarks of Kwrak-Online-Shop or its affiliates or licensors. You may not use these trademarks without the prior written permission of Kwrak-Online-Shop.

The name, logo, product and service names, designs and slogans of Shopify 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 be able to access customer tools offered by third parties as part of the Services, which we do not monitor, control or influence.

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 the use of optional third-party tools.

The use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be 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 reviewing 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 to access these third-party materials or websites, you do so at your own risk.

We are not liable for any damage or loss caused by your access to third-party websites or by your purchase or use of any products, services, resources or content on third-party websites. You should carefully review the third-party's policies and procedures and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This section accurately characterises Shopify's relationship with your shop and should not be removed or modified].

Kwrak-Online-Shop is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make on our store are directly with Kwrak-Online-Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Kwrak-Online-Shop, including any violations, damages or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Kwrak-Online-Shop.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services to you. Data that you submit to the Services will be shared with Shopify and third-party service providers, which may be located in countries other than your country of residence, in order 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 provide us with ideas, suggestions, feedback, ratings, suggestions, plans or other content (collectively, ‘Feedback’), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms and Conditions.

You further represent and warrant that: (i) you are the owner of all Feedback Content or have full and unlimited rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay you for your feedback, or (3) respond to your feedback.

We reserve the right, but are not obligated, to monitor, edit or remove any feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.

You represent that your feedback does not violate any third party rights, including copyrights, trademark rights, privacy rights, personality rights or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive or obscene statements and is free from computer viruses or other malware that could in any way impair the operation of the Services or any associated website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We take no responsibility or liability for feedback posted by you or any third-party provider.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, product delivery times and availability. If any information is inaccurate, 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 access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (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 our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that is not in accordance with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including ‘junk mail’, ‘chain letters’, ‘spam’ or other similar promotional material; (h) to impersonate or attempt to impersonate another person or entity, or (i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our sole discretion, may harm or expose Kwrak-Online-Shop, Shopify or users of the Services to liability.

In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping 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, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP

We may terminate this Agreement or your access to the Services (or any part thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due as of the date of termination.

The following sections will survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that, by their nature, should survive termination.

SECTION 15 – DISCLAIMER

The information presented in or through the Services is for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk.

We disclaim all liability and responsibility arising from your reliance on such materials by you or other visitors to the Services or other persons who are informed of their contents.

UNLESS EXPRESSLY STATED BY Kwrak-Online-Shop, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS 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 EXTENT PERMITTED BY LAW, Kwrak-Online-Shop, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS 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, RECOVERY COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, AN UNLAWFUL ACT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR THE PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY 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 ARISING FROM THE USE OF THE SERVICES OR THE CONTENT, PRODUCTS OR SERVICES PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES (OR PRODUCTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kwrak Online Shop, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties and arising out of (1) your breach of these Terms and Conditions or the documents they refer to, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claims, provided that failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by such failure. We may control the defense and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.