Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to ZARYVO. The terms “we”, “us” and “our” refer to ZARYVO.
ZARYVO operates this store 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”).
ZARYVO is powered by Shopify, which enables us to provide the Services to you.
The following Terms of Service, together with any policies referenced in these Terms, describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranties, disclaimers and limitations of liability.
By visiting or using our Services, or otherwise interacting with them, you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state, province or country where you live, or that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing products and services offered by us, you may be required to provide certain information such as your email address, billing, payment and shipping information.
You represent that all information you provide in our store is current, complete and accurate and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
You may not transfer, sell, assign or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We make every effort to display our products and services in our online store as accurately as possible.
However, the colors or appearance of products may vary depending on the type of device you use, your display settings and the configuration of your device.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the images or representations shown in our online store.
All product descriptions may be changed 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 any products or services that we offer to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase.
ZARYVO reserves the right to accept or reject your order for any reason at our sole discretion.
Your order is not accepted until ZARYVO confirms acceptance.
We must receive and process your payment before your order can be accepted.
Please review your order carefully before submitting it, as cancellation requests may not always be possible once an order has been accepted.
If we do not accept, modify or cancel an order, we may attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.
Returns and exchanges are governed by our Return Policy.
You agree that purchases made through our store are intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions may 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 shown in your order confirmation email.
Unless otherwise expressly stated, prices shown do not include taxes, shipping charges, handling fees, customs duties or import charges.
Prices in our online store may differ from prices offered in physical stores or on other websites operated by third parties.
From time to time, we may offer promotions that affect pricing and are subject to additional terms.
If there is a conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment card details, so that we can complete your transactions and contact you when necessary.
You represent that:
(i) the payment information you provide is true, correct and complete;
(ii) you are authorized to use the payment method provided;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay all charges at the prices displayed, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or 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 the goods have been handed over to the shipping carrier, ownership and risk of loss may pass to you as permitted by applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, advertisements, images, graphics, product reviews, videos, audio files, design, selection and arrangement, are owned by ZARYVO, our affiliates or licensors and are protected by applicable intellectual property laws.
These Terms allow you to use the Services solely for your personal and non-commercial use.
Without our prior written permission, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any materials contained in the Services.
Nothing in these Terms grants you any license or other rights under any patent, trademark, copyright or other intellectual property owned by ZARYVO, Shopify or any third party.
Unauthorized use of the Services may violate intellectual property laws.
All rights not expressly granted are reserved.
The ZARYVO name, logo, product and service names, designs and slogans are trademarks of ZARYVO or its licensors.
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 displayed through the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or influence.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, conditions or endorsements of any kind.
We have no liability arising from or relating 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 should review and accept the terms provided by the relevant third-party provider before using those tools.
We may also offer new features, tools or resources through the Services in the future.
Such new features will also form part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and links to websites operated by third parties, including embedded third-party features.
We are not responsible for reviewing or evaluating the content, accuracy or practices of third-party websites.
If you leave the Services to access third-party websites or materials, 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 your purchase or use of products, services, resources or content from third parties.
Please review the policies and practices of third parties carefully before engaging in any transaction with them.
Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
ZARYVO is powered by Shopify, which enables us to provide the Services to you.
All sales and purchases you make through our store are made directly with ZARYVO.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and ZARYVO, including any injuries, damages or losses arising from products or services purchased through our store.
You release Shopify and its affiliates from claims, damages and liabilities arising out of or relating to your purchases and transactions with ZARYVO, to the extent permitted by applicable law.
SECTION 10 – PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy.
Certain personal information may also be subject to Shopify’s privacy practices.
By using the Services, you acknowledge that you have read and understood the applicable privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to Shopify and other third parties, including parties located in countries other than your country of residence, in order to provide Services to you.
SECTION 11 – FEEDBACK
If you submit, upload, publish, email or otherwise provide ideas, feedback, reviews, suggestions, plans or other content (“Feedback”), you grant us a worldwide, perpetual, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display and otherwise use that Feedback in any medium and for any purpose, including commercial purposes, to the extent permitted by law.
You represent that you have all necessary rights to the Feedback you provide.
You also represent that any compensation or incentives connected with your Feedback have been properly disclosed where required.
We are not obligated to:
(i) keep Feedback confidential;
(ii) pay compensation for Feedback; or
(iii) respond to Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable.
Your Feedback must not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights.
Your Feedback must not contain unlawful, abusive or obscene material, computer viruses or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback.
You are solely responsible for the Feedback you provide and for its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted an order, where permitted by applicable law.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful or unauthorized purposes.
You may not use the Services to:
(a) violate any applicable international, federal, national, state, provincial or local law, regulation or ordinance;
(b) infringe or violate our intellectual property rights or the intellectual property rights of others;
(c) harass, abuse, insult, harm, defame, slander, intimidate or discriminate against any person;
(d) submit false or misleading information;
(e) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services or related websites;
(f) collect or track personal information of others unlawfully;
(g) spam, phish, pharm, pretext, spider, crawl, scrape or otherwise use automated methods to access or collect information from the Services where prohibited;
(h) impersonate another person or entity or attempt to do so;
(i) interfere with or circumvent security features of the Services or related websites;
(j) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorization;
(k) use bots, automated tools, scraping tools, data extraction tools, artificial intelligence tools or other automated processes to access or interact with the Services in violation of these Terms or applicable law.
We reserve the right to terminate or restrict your use of the Services if we determine that you have violated these Terms.
SECTION 14 – AGENTS
This section applies if you use, authorize or enable software or automated systems (“Agents”) to access, use or interact with the Services on your behalf.
An Agent may only access or interact with the Services if it is clearly identified and complies with these Terms and all applicable requirements.
We may use technical measures to restrict whether and how Agents access or interact with the Services.
Agents must not conceal their identity, bypass CAPTCHAs or other measures intended to distinguish human activity from automated activity, or circumvent security or access restrictions.
Agents must respond truthfully to requests intended to determine whether an interaction is being performed by a human or automated system.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, where permitted by law.
You remain responsible for all amounts due up to and including the date of termination.
The provisions that by their nature should survive termination will continue to apply after termination, including provisions relating to intellectual property, feedback, warranties, liability, indemnification, severability, governing law, privacy and other continuing obligations.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information provided through the Services is for general informational purposes.
We do not guarantee the accuracy, completeness or usefulness of any information, except where applicable law requires otherwise.
Your reliance on information provided through the Services is at your own risk.
Except where expressly stated or required by law, the Services and products offered through the Services are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim warranties, representations or conditions, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
We do not guarantee that the Services will always be uninterrupted, timely, secure or error-free.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, ZARYVO, our affiliates, partners, directors, officers, employees, representatives, contractors, service providers and licensors will not be liable for any indirect, incidental, special, consequential or similar damages arising from your use of the Services or products purchased through the Services.
This may include, where legally permitted, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless ZARYVO, Shopify, our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from claims, losses, damages, liabilities and reasonable legal fees arising from:
(i) your breach of these Terms;
(ii) your violation of applicable law or the rights of a third party; or
(iii) your misuse of the Services.
We will notify you of any claim for which indemnification is sought where required.
Where permitted by law, we may control the defense and settlement of such claim, although we will not settle a claim that imposes non-monetary obligations on you without your consent where such consent is required.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will remain enforceable to the maximum extent permitted by law.
The unenforceable portion will be deemed severed from these Terms.
Such determination will not affect the validity or enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies or operating rules posted by us on this website in relation to the Services, constitute the entire agreement between you and us concerning your use of the Services.
They replace prior or contemporaneous agreements, communications and proposals relating to the same subject matter, whether oral or written.
Any ambiguity in the interpretation of these Terms shall not automatically be interpreted against the party that drafted them.
SECTION 21 – ASSIGNMENT
You may not assign, transfer or delegate this agreement or your rights or obligations under these Terms without our prior written consent.
Any attempted assignment without required consent may be invalid.
We may assign, transfer or delegate our rights and obligations under these Terms where permitted by applicable law.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you are governed by the laws applicable at ZARYVO’s place of business, subject to any mandatory consumer protection laws that apply to you.
Nothing in this section limits any rights you may have under mandatory consumer protection laws in your country of residence.
SECTION 23 – HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS OF SERVICE
You can review the most current version of these Terms of Service on this website at any time.
We reserve the right to update, change or replace portions of these Terms by posting updates and changes to our website.
It is your responsibility to review the website periodically for changes.
Where required by applicable law, we will notify you of material changes.
Your continued use of or access to the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
ZARYVO
Email: kontakt.zaryvo@outlook.de
Additional legally required contact details are provided in our Imprint and other legal information available through our store.