Användarvillkor
OVERVIEW
Welcome to Bengelsberg! The terms “we”, “us”, and “our” refer to Bengelsberg. Bengelsberg operates this store and website, including all related information, content, functions, tools, products, and services, to provide you as a customer with a personalized shopping experience (the “Services”). Bengelsberg is powered by Shopify, which enables us to provide the Services to you.
The rules and conditions below, together with all policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to comply with these Terms and our Privacy Policy [LINK]. If you do not agree with these Terms or the Privacy Policy, you should not use or visit our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you certify that you have reached the age of majority in the state or province where you reside, and that you have given us consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of our products or services, you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity carried out under 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 present an accurate image of our products and services in our online stores. However, colors or product appearance may differ from how they are displayed on your screen depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown or described in our online stores.
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 may limit the quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making a purchase offer. Bengelsberg reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Bengelsberg has confirmed receipt of it. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Bengelsberg may not be able to accommodate cancellation requests after 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 when the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases 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 for a product or service is the price at the time of ordering and is shown in your email order confirmation. Unless otherwise stated, listed prices do not include taxes, shipping, handling, customs, or import fees.
Prices in our online stores may differ from prices in physical stores, other online shops, or third-party retailers. We may offer promotions from time to time on the Services that affect pricing and are governed by terms different from these Terms. In the event of a conflict between promotion terms and these Terms, the promotion terms apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so we can complete your transactions and contact you if needed.
You warrant that (i) the credit card information you provide is true, accurate, 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 applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by couriers, customs processing, or events outside our control. Once we hand the products over to the carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are owned by Bengelsberg, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property owned by Bengelsberg, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws.
Bengelsberg’s name, logos, product and service names, designs, and slogans are trademarks owned by Bengelsberg or its affiliates or licensors. You may not use such trademarks without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks owned by Shopify. All other names and logos on the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may access third-party customer tools as part of the Services, which we neither monitor nor control.
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 endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including launching new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites from third parties that you choose to visit. If you choose to leave the Services to access these materials or websites, you do so at your own risk.
We are not liable for damages or losses related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Review all third-party policies carefully and ensure you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section describes Shopify’s relationship to your store and must not be removed or modified.]
Bengelsberg is powered by Shopify, which enables us to provide the Services to you. All purchases and sales you make in our store are made directly with Bengelsberg. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Bengelsberg, including damages or losses arising from purchased products or services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with Bengelsberg.
SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is governed by our Privacy Policy, available here [LINK], and certain personal data may also be governed by Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are provided by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than your own, for the purpose of providing services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, concepts, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and market the Services, as well as to fulfill our obligations and exercise our rights under these Terms.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation to (1) treat your Feedback as confidential, (2) compensate you for your Feedback, or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene content, or contain any computer virus or malware that could affect the operation of the Services or any related website. You must not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery 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, without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, use the Services:
(a) for unlawful or harmful purposes;
(b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or intimidate any employee or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm Bengelsberg, Shopify, or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal data of others;
(d) send spam, phishing, pharming, pretexting, spiders, crawlers, or scrapers; or
(e) interfere with or bypass security features of the Services or any related website.
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 any time, at our sole discretion, without notice. You remain responsible for all amounts due up to and including the date of termination.
The following sections 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 provided solely for general information. We do not guarantee that this information is accurate, complete, or useful. Any reliance on such information is strictly at your own risk. We disclaim all liability arising from reliance by you or any other visitor to the Services, or anyone informed of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY BENGELSBERG, 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, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, BENGELSBERG, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT 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 ANY OF THE SERVICES OR PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bengelsberg, Shopify, and our subsidiaries, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, paid to a third party arising out of or resulting from (1) your breach of these Terms or the documents referenced herein, (2) your violation of law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to notify you immediately does not relieve you of your obligations unless you have been materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity or enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written (including previous versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the party who drafted them.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide the Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Bengelsberg’s headquarters are located. You and Bengelsberg consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings in this agreement are for convenience only and do not limit or affect these Terms in any way.
SECTION 23 – CHANGES TO TERMS OF USE
You may review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes in accordance with applicable law, and such changes 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 the Terms constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at magnush1999@gmail.com.
Our contact details are listed below:
[INSERT COMPANY NAME]
magnush1999@gmail.com
[INSERT COMPANY ADDRESS]
[INSERT COMPANY PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT REGISTRATION NUMBER]