Terms of service

OVERVIEW

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

The terms and conditions below, together with the policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service 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 of legal age in the state or region where you reside, and that you have given your consent to allow any minor dependents to use the Services on devices belonging to, purchased by, or managed by you.
To use the Services, including accessing or browsing 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 are fully entitled to provide this information.
You alone are 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 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, we note that colors or the appearance of products may differ from what is displayed on your screen, depending on 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 you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and without notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of any 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. kombude reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is not considered accepted until confirmed by kombude. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as kombude may not be able to accommodate cancellation requests once an order has been accepted. Should we be unable to accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.
Returns or exchanges of your purchases are handled exclusively in accordance with our refund policy.
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, prices displayed do not include taxes, shipping, handling, customs, or import fees.
Prices displayed in our online shops may differ from prices in physical stores 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 that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion's terms will 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 the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling fees and any 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 processing, or events beyond our control. Once we have handed 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 names, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of kombude, 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. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained in the Services. Except as expressly provided herein, nothing in these Terms of Service grants you any license or other rights in or to any patents, trademarks, copyrights, or other intellectual property of kombude, Shopify, or third parties, nor shall any such grant be implied from these Terms. 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 kombude.
The names, logos, product and service names, designs, and slogans of kombude are trademarks of kombude or its affiliates or licensors. You may not use these trademarks without kombude's prior written permission. Shopify's 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 be given access to third-party tools offered as part of the Services, which we neither monitor nor have any control or input 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.
Your use of any optional tools offered through the site is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features or functionality through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

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 you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages arising from your access to third-party websites or from 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 practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
kombude is powered by Shopify, which allows us to provide you with the Services. However, all sales and purchases you make through our shop are made directly with kombude. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and kombude, including any injury, damage, or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all liability arising from or related to your purchases and transactions with kombude.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal information 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 information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be shared with Shopify as well as third parties who may be located in countries other than the one you reside in, in order to provide the Services to you. Our Privacy Policy provides more information on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit 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 that 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 these Terms of Service.
You further represent and warrant that: (i) you own all Feedback content or fully hold all rights necessary to it; (ii) you have disclosed any compensation or incentive 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) keep your Feedback confidential, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are under no obligation, to monitor, edit, or remove Feedback that we, at our sole discretion, consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You warrant that your Feedback does not infringe any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further warrant that your Feedback does not contain any defamatory or otherwise unlawful, abusive, or obscene material and is free of computer viruses 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 other person, or otherwise mislead us or third parties as to the origin of your 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, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the event of any inaccuracy, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders, at any time and 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: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (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 reuse any material that does not comply with these Terms of Service; (g) to transmit or arrange for the transmission 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 individual or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, in our determination, may harm kombude, 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 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 spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; 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 close your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 14 – TERMINATION
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 up to and including the date of termination.
The following sections will 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 which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented on or through the Services is provided for general informational purposes only. We make no warranty as to 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, other visitors to the Services, or anyone who may be informed of its contents.
UNLESS OTHERWISE EXPRESSLY STATED BY kombude, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE," 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 WARRANT OR GUARANTEE 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 kombude, 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 BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH 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 kombude, 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 arising out of or relating to (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 any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations hereunder except to the extent that you are materially prejudiced by such failure. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You agree to cooperate with the defense of any such claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in respect of 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 Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not transfer, assign, or delegate this agreement or your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so without such consent will be 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 Terms of Service, and any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the federal and state or territorial laws applicable in the country where kombude is headquartered. You and kombude agree to submit to the personal and exclusive jurisdiction of the courts located within that country.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 23 – CHANGES TO THESE TERMS OF SERVICE
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 of Service 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 become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have questions about these Terms of Service, please contact us at hey@kombude.de.
Our contact information is listed below:
Kombude 
hey@kombude.de
Arnoldstr. 45, 44793 Bochum, Germany
+49 173 5654908 
VAT ID: DE456784197