Allgemeine geschäftsbedingungen
This website is operated by GABOSHOP LTD. Throughout the site, the terms “we,” “us,” and “our” refer to GABOSHOP LTD. This website, including all information, tools, and services available through it, is offered by GABOSHOP LTD to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from our company, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms of Use”), including any additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms of Use apply to all users of the site, including, without limitation, visitors, suppliers, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing any part of the site or using it, you agree to be bound by these Terms of Use. If you do not accept all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to these terms.
Any new tools or features added to the current store are also subject to the Terms of Use. You can review the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. By continuing to access or use the website after any changes are posted, you accept those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – TERMS OF USE FOR THE ONLINE STORE
By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province, or state and that you have given us permission to allow any minor under your care to use this site.
You must not use our products for any illegal or unauthorized purposes, nor violate any laws in your jurisdiction while using the Service (including, but not limited to, copyright laws).
You must not transmit any computer worms, viruses, or any code of a destructive nature.
Any violation of these Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over multiple networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, 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 included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more reliable, complete, or up-to-date sources of information.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update the information it contains, in any form. You acknowledge that it is your responsibility to monitor changes made to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time and without notice.
We will not be liable to you or any third party for any change in price, or for any modification, suspension, or interruption of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online through the website. There may be limited quantities of these products or services, and their return or exchange may be strictly subject to our Return Policy.
We have made every effort to display the colors and images of the products in the store as accurately as possible. However, we cannot guarantee that the display of colors on your computer screen will be accurate.
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 the products or services that we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for a product or service on this site is void where prohibited by law.
We do not guarantee that the quality of the products, services, information, or other materials you purchase or obtain will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 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. If we modify or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgment, 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 store. You agree to promptly update your account and any other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please refer to our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for anything related to your use of the optional third-party tools.
Your use of any optional tools offered through the site is entirely at your own risk and discretion. Furthermore, it is your responsibility to familiarize yourself with the conditions under which these tools are provided by the relevant third-party providers and to accept those conditions.
We may also, in the future, offer new services and/or features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or for any other content, products, or services from third-party sources.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction related to these third-party websites. Please carefully read the policies and practices of these third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media whatsoever all comments you provide to us. We are not and shall not be under any obligation (1) to maintain the confidentiality of comments; (2) to compensate anyone for any comments provided; or (3) to respond to comments.
We may, but are not obligated to, remove content and Accounts containing content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property rights of any party or these Terms of Use.
You agree that your comments shall not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments shall not contain any illegal, harmful, or obscene material, or any viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or attempt to mislead us or any third parties regarding the origin of any comments. You are solely responsible for all comments you make and their accuracy. We disclaim any and all responsibility for comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
There may sometimes be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping costs, delivery times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obligated to update, modify, or clarify the information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes;
(b) to solicit others to perform illegal acts or participate in illegal acts;
(c) to violate any local or international law, regulation, rule, or statute;
(d) to infringe or violate our intellectual property rights or the rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, hijack a domain, solicit personal information, scrape, crawl, or probe the web;
(j) for obscene or immoral purposes; or
(k) to disrupt or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating these prohibitions on use.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or represent in any way that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
Here is the English translation of the provided French text:
We do not guarantee that the results which may be obtained from the use of the Service will be accurate or reliable.
You acknowledge that, from time to time, we may remove the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services delivered to you through it are (except as expressly stated by us) 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, fitness for a particular purpose, durability, title, and non-infringement.
GABOSHOP LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event 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 any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GABOSHOP LTD, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach 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.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms of Use 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 Use. Such determination shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use shall remain in effect unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail or have failed to comply with any term or provision of these Terms of Use, we may terminate this agreement at any time without notice**. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure 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, together with any other 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. They supersede all 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 Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.