Terms of service
OVERVIEW
The terms "we," "us," and "our" refer to Zevvo.de. Zevvo.de operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with an individual shopping experience (the "Services"). Zevvo.de is powered by Shopify, which enables us to provide these Services to you.
The following terms and conditions, together with the policies mentioned herein (these "General Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.
Please read these General 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 General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these General Terms and Conditions, you represent that you are of legal age in the state or region where you reside and have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
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 shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You alone are responsible for the security of your account login credentials and for all activities on your account. You may not transfer, sell, assign, or license your account to any other 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, please note that colors or the appearance of products may differ from the colors displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match 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 discontinue any product at any time and to limit the quantities of products 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. Zevvo.de reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted after confirmation by Zevvo.de. Acceptance of your order is subject to the receipt and processing of your payment. Please review your order carefully before submitting it, as Zevvo.de may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of the order.
The return or exchange of your purchases occurs exclusively in accordance with our Right of Withdrawal.
You represent and warrant that your purchases are for your personal use 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 the order is placed and will be stated in the order confirmation you receive via email. Unless expressly stated otherwise, stated prices do not include taxes, shipping, handling, customs, or import fees.
Prices stated in our online shops may differ from prices in brick-and-mortar stores or in online shops or other shops operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and for which different terms and conditions apply than these Terms. In the event of any inconsistency 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 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, correct, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) the costs incurred by you will be covered by your credit card company, and (iv) you will pay the costs incurred by you at the stated prices, including shipping and handling fees 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 providers, customs processing, or events beyond our control. Once we have handed the products over to the shipping provider, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, texts, displays, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Zevvo.de, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These General 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 of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Services. Except as expressly provided herein, nothing in these General Terms and Conditions grants you a license or any other rights to any patents, trademarks, copyrights, or other intellectual property of Zevvo.de, Shopify, or any third party, nor can any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Zevvo.de.
The names, logos, product and service names, designs, and slogans of Zevvo.de are trademarks of Zevvo.de or its affiliates or licensors. You may not use these marks without the prior written permission of Zevvo.de. 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 provided with access to third-party tools as part of the Services, which we neither monitor nor have any control or influence over.
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 all liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve of the terms on 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 also be subject to these General 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 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 harm or damages related to your access to third-party websites or the purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully 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 third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Zevvo.de is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our shop are concluded directly with Zevvo.de. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Zevvo.de, including any injuries, damages, or losses arising from products and services purchased. 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 Zevvo.de.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Additionally, 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.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services is shared with Shopify as well as with third-party providers 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 on how we, Shopify, and our partners use your personal data.
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 medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under the General Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or have all necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these General Terms and Conditions. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these General Terms and Conditions.
You warrant that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further warrant that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, and will be 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no 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 Services 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 any information is inaccurate 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, 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 infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these General Terms and Conditions; (g) to transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person, or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm Zevvo.de, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phish, 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, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly 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.
UNLESS EXPRESSLY STATED BY Zevvo.de, 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 GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER 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 Zevvo.de, 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 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zevvo.de, 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 General Terms and Conditions 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 any indemnifiable claim, provided that a failure to notify promptly shall not relieve you of your obligations except to the extent that you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any indemnification claim, including by providing relevant documents.
SECTION 18 – SEVERABILITY
In the event that any provision of these General Terms and Conditions 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 to be severed from these General Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions 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, 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 General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign, delegate, or transfer this agreement or your rights or obligations under these General Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These General 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 Zevvo.de has its headquarters. You and Zevvo.de agree to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these General Terms and Conditions.
SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can review the most current version of the General 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 General Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.