Terms of service
GENERAL TERMS AND CONDITIONS
Overview
This website is operated by KOLEKCIJA. The terms “we,” “us,” and “our” refer to KOLEKCIJA. KOLEKCIJA operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). KOLEKCIJA is based on Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with the policies referenced 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 address topics such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these General Terms and Conditions and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must 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 that you have obtained consent to allow any minor under your care to use the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be required 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 stores is accurate, current, and complete, and that you are fully authorized to provide such information.
You are solely responsible for the security of your account credentials 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 make every effort to accurately display our products and Services in our online stores. However, please note that colors or the appearance of products may differ due to the device you use to access the store as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or Services you purchase will meet your expectations or match the representations in our online stores.
Some of our inventory consists of vintage, one-of-a-kind, or pre-owned items. These may show signs of age or use, which do not constitute defects, provided they are clearly indicated in the product description or images.
All product descriptions may be updated at any time without prior notice at our sole discretion. We reserve the right to remove products from our inventory at any time and to limit the quantities of products offered to a person, in a geographic region, or within a jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. KOLEKCIJA reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is considered accepted only after confirmation by KOLEKCIJA. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as KOLEKCIJA may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, change, or cancel an order, we will make reasonable efforts to notify you via the email address, billing address, and/or phone number provided with your order.
Returns or exchanges of your purchases are only possible in accordance with our Right of Withdrawal.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers may be changed without prior notice. The price charged for a product or service is the price in effect at the time of order and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs, or import fees.
Prices displayed in our online stores may differ from prices in physical stores, other online stores, or third-party-operated shops. From time to time, we may offer promotions for our Services that may affect pricing and be subject to terms different from these Terms and Conditions. In the event of a conflict between promotional terms and these Terms and Conditions, the promotional terms shall prevail.
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 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 truthful, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay all charges incurred at the stated prices, including shipping, handling fees, and applicable taxes.
In the event of technical errors, transmission errors, or obvious typographical errors that result in incorrect prices or product information in the store, we reserve the right to challenge or cancel the affected order. Any payments already made will be refunded without undue delay.
The seller is a small business in accordance with § 19 of the German VAT Act (UStG).
Accordingly, no VAT is charged or separately indicated.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. For consumers, the risk of accidental loss or deterioration of the goods transfers only upon delivery of the goods to the customer.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, representations, images, graphics, product reviews, video and audio files, as well as their selection, arrangement, and design, are the property of KOLEKCIJA.
The content of this website is protected by copyright law.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, over which we have no control, monitoring, or influence.
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 disclaim any liability arising from or related to the use of optional third-party tools.
Use of the optional tools provided via the website is at your own risk and discretion. You are responsible for reviewing and accepting the terms and conditions under which the tools are offered by the respective third parties.
We may also offer new features in the future through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and are 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 reviewing or evaluating the content or accuracy of materials or websites of third parties that you access at your discretion. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from purchasing or using products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure that you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
KOLEKCIJA is powered by Shopify, which enables us to provide the Services to you. All sales and purchases made in our store, however, are solely between you and KOLEKCIJA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and KOLEKCIJA, including any products or services purchased, and any associated injuries, damages, or losses. You hereby expressly release Shopify and its affiliates from all liability for claims, damages, or obligations arising from or related to your purchases and transactions with KOLEKCIJA.
SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy, which can be viewed [here]. Certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed [here]. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services. Data you submit to the Services may be transmitted to Shopify as well as to third parties who may be located in countries different from your country of residence, in order to provide the Services to you. Our Privacy Policy provides additional information on how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us an unlimited, 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, to fulfill our obligations, and to exercise our rights under these Terms and Conditions.
You also represent and warrant that: (i) you own all Feedback content or have full rights to grant the license; (ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and (iii) your Feedback complies with these Terms and Conditions. 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 not obligated, to monitor, edit, or remove any Feedback that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of the intellectual property of any party or these Terms and Conditions.
You represent that your Feedback does not infringe the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or property rights. You further represent that your Feedback contains no defamatory or otherwise unlawful, offensive, or obscene statements and is free from viruses or other malware that could harm the operation of the Services or any related website. You may not use a false email address, impersonate any person, or mislead us or others regarding the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, the information on or in the Services may contain typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability. In the event of any inaccuracies, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time and without prior notice (even 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 purposes;
(b) to violate any international, federal, provincial, or local laws, regulations, or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse material that is inconsistent with these Terms and Conditions;
(g) to transmit or facilitate the transmission of promotional or advertising material, including “junk mail,” “chain letters,” “spam,” or similar solicitation;
(h) to impersonate any person or entity, or attempt to do so; or
(i) to engage in any other conduct that restricts or inhibits the use of the Services, or that, in our sole discretion, may harm KOLEKCIJA, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or other types of malicious code that may impair the functionality or operation of the Services in any way;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track personal data of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or
(e) interfere with or circumvent the security features of the Services, any associated website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms and Conditions.
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 prior notice. You remain liable for any amounts due up to the date of termination.
The following sections will survive the termination of this agreement: 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
The information presented in or through the Services is provided for general informational purposes only. We make no representations or warranties as to the accuracy, completeness, or usefulness of this information. Your reliance on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance by you, other visitors of the Services, or any other persons informed of its contents.
Unless expressly stated by KOLEKCIJA, the Services and all products offered through the Services are provided on an “as is” and “as available” basis for your use, without any express or implied representations, warranties, or conditions of any kind, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, ownership, or non-infringement. We do not warrant or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, KOLEKCIJA, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, shall not be liable for any damages, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether arising from contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the Services or any products obtained through the Services, or any other claims related in any way to your use of the Services or a product, including but not limited to errors or omissions in content, or any losses or damages of any kind arising from the use of the Services or content (or products) made available, posted, transmitted, or otherwise provided through the Services, even if advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KOLEKCIJA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of (1) your violation of these Terms of Service or the documents they reference, (2) your breach 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 claims, provided that failure to give prompt notice does not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but without your consent (which shall not be unreasonably withheld) we will not settle any claim requiring non-monetary obligations on your part. You agree to cooperate in the defense of any indemnification claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, that provision shall remain in effect to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.
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 such right or provision.
These Terms of Service, together with any policies or operating rules published by us on this website or with respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so is null and void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, the statutory place of jurisdiction shall apply.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these Terms of Service.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may view the current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace portions of these Terms of Service by posting updates and changes on our website. It is your responsibility to review our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Such changes become effective on the date specified in the notice. By continuing to access or use the Services after changes to these Terms of Service are posted, you agree to be bound by the revised terms.
SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us at hello@kolekcija-studio.com.