Terms and Conditions

OVERVIEW

This website is operated by EveryGift. Throughout the site, the terms "we," "us," and "our" refer to EveryGift. EveryGift offers this website, including all information, tools, and services available to you, the user, on this site, on the condition that you accept all the terms, conditions, policies, and notices listed here.

By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms ("Terms of Use," "Conditions"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to these terms of use. If you do not agree with all the provisions and conditions of this agreement, you may not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.

All new features or tools added to the current shop are also subject to the terms of use. You can view the most current version of the terms of use at any time on this page.We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website or access to the website following the posting of changes constitutes your acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.

1.TERMS AND CONDITIONS FOR THE ONLINE STORE

By agreeing to these terms of use, you declare that you are at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and that you have given us your consent to allow all your minor dependents to use this website.

You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction while using the service (including, but not limited to, copyright laws).

You may not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in the immediate termination of your services.

2.GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You acknowledge that your content (except for credit card information) may be transmitted unencrypted and that (a) transmissions over various networks and (b) changes to conform to the technical requirements of connecting networks or devices may occur. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, or access to the service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and shall not limit or otherwise affect these terms.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this website is not accurate, complete, or current. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only.We reserve the right to change the content of this website at any time, but we are not obligated to update the information on our website. You agree that it is your responsibility to monitor changes on our website.

4. CHANGES TO THE SERVICE AND PRICES

The prices for our products may change without prior notice.

We reserve the right to modify or discontinue the service (or any part or content thereof) at any time and without prior notice.

We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.

5. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website.These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.

We have made every effort to display colors and images as accurately as possible.

We cannot guarantee that the representation of colors on your computer screen is correct.

We reserve the right, but are not obligated, to limit the sale 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 we offer. All product descriptions or product prices may be changed at any time and without notice at our sole discretion. We reserve the right to discontinue a product at any time.Every offer for a product or service made on this website is invalid where prohibited.

We do not guarantee that the quality of products, services, information, or other materials that you have purchased or received meets your expectations or that errors in the service will be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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 using the same billing and/or shipping address.In the event that we need to 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 of the order. 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 in our shop. 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 return policy.

7. OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor or control or input.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability that arises from or in connection with your use of optional third-party tools.

Any use of optional tools offered through the website is solely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).

It is also possible that we will offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these terms of use.

8. THIRD-PARTY LINKS

Certain content, products, and services available through our service may contain 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 or assume any liability or responsibility for materials or websites of third parties or for any other materials, products, or services of third parties.

We are not liable for damages or impairments related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party websites. Please read the policies and practices of third parties carefully and ensure that you understand them before conducting a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you respond to our request for specific submissions (z.B.If you submit creative ideas, suggestions, proposals, plans, or other materials online, via email, by mail, or otherwise (collectively referred to as "Comments") without our request, you agree that we may edit, copy, publish, distribute, translate, and otherwise use the Comments you submit to us at any time and without limitation in any medium. We are not and will not be obligated to (1) treat Comments as confidential, (2) pay compensation for Comments, or (3) respond to Comments.

We have the right, but not the obligation, to monitor, edit, or remove content that, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or infringes the intellectual property of a party or these Terms of Use.

You agree that your comments do not violate the rights of third parties, including copyright, trademarks, privacy, personality rights, or other personal or property rights. You further agree that your comments do not contain defamatory or otherwise illegal, offensive, or obscene material, or contain computer viruses or other malware that could in any way disrupt the operation of the service or any related website. You are not permitted to use a false email address, impersonate someone other than yourself, or mislead us or third parties in any way regarding the origin of comments. You are solely responsible for your comments and their accuracy. We do not take any responsibility and assume no liability for comments posted by you or third parties.

10. PERSONAL INFORMATION

Your submission of personal information through the shop is subject to our privacy policy. To view our privacy policy.

11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website or in the service that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the service or on a related website is inaccurate at any time without prior notice (even after you have submitted your order).

We assume no obligation to update, modify, or clarify information in the service or on any related website, including but not limited to pricing information, unless required by law. No specified update or refresh date that applies to the service or on any related website should be understood as an indication that all information in the service or on any related website has been changed or updated.

12.PROHIBITED USE

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for unlawful purposes; (b) to solicit others to perform unlawful acts or to participate in such acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon 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 transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that in any way affects the functionality or operation of the service or any related website, other websites, or the internet; (h) to collect or track the personal data of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to disrupt 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 related websites if you violate any of the prohibited uses.

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 guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You expressly agree that we may remove the service from time to time without notice for indefinite periods or terminate the service at any time.

You expressly agree that your use or inability to use the service is at your sole risk.The service and all products and services made available to you through the service are provided (unless expressly stated by us) "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 regarding merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement of third-party rights.

In no event shall EveryGift, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, or licensors be liable for injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, data losses, replacement costs, or similar damages, whether based on a contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or the products obtained through the service, or for any other claims in any way related to your use of the service or a product, including, but not limited to, errors or omissions in any content or losses or damages of any kind arising from the use of the service or any content (or product) published, transmitted, or otherwise made available through the service, even if advised of the possibility thereof.Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in these states or jurisdictions is limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EveryGift and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney's fees, made by third parties due to or arising out of your violation of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

15. SEVERABILITY

If any provision of these terms of use is determined to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these terms of use, without affecting the validity and enforceability of the remaining provisions.

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 of use are effective unless and until terminated by either you or us.You can terminate these terms of use at any time by informing us that you no longer wish to use our services, or if you stop using our website.

If, in our sole discretion, you fail to comply with any term or provision of these terms of use, or if we suspect that you have failed to comply, we may also 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 accordingly, we may deny you access to our services (or any part thereof).

17. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

These terms of use and all policies or operational rules published by us on this website or in relation to the service constitute the entire agreement and understanding between you and us and govern your use of the service, replacing all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the terms of use).

Any ambiguities in the interpretation of these terms of use shall not be construed against the author.

18. APPLICABLE LAW

These terms of use and all separate agreements under which we provide you with services are subject to the laws of Germany and shall be interpreted in accordance with them.

19.CHANGES TO THE TERMS OF SERVICE

You can view the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service at our discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or service, or your access to this website or service after the posting of changes to these Terms of Service, constitutes acceptance of those changes.

20. CONTACT INFORMATION

If you have any questions about the Terms of Service, please send them to info@everygift.com