Terms of service
OVERVIEW
Welcome to eushopfy! The terms "we", "us" and "our" refer to eushopfy. eushopfy operates this shop and this website, including all associated information, content, functions, tools, products and services, to provide you, the customer, with an individual shopping experience (the "Services"). eushopfy is based on Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with the policies mentioned 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 warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to these General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these General Terms and Conditions, you declare that you are of legal age in the state or region in which you reside and have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased or manage.
To use the Services, including accessing or navigating our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address as well as billing, payment and delivery information. You represent and warrant that all information you provide in our shops is correct, current and complete and that you are fully authorized to provide this information.
You alone are responsible for the security of your account login credentials and for all activities on your account. You may not transfer, sell, assign or license your account to another 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 point out that colors or the appearance of products may differ from the colors displayed on your screen due to the device you use to access the shop and its settings and configuration.
We make no warranty that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, in any geographic region or within any jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing your order, you make an offer to purchase. eushopfy reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only deemed accepted after confirmation by eushopfy. A prerequisite for acceptance of your order is receipt and processing of your payment. Please review your order carefully before placing it, as eushopfy may no longer be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you via the email address, billing address and/or telephone number provided with the order.
Returns or exchanges of your purchases are made exclusively in accordance with our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal use or household use 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 valid at the time of order and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, handling, customs or import fees.
The prices stated in our online shops may differ from prices in brick-and-mortar stores or in online shops or other shops operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and for which other terms and conditions apply than these Terms. In the event of discrepancies between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.
You agree to provide current, complete and correct 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 if necessary.
You represent and warrant that (i) the credit card information you provide is truthful, correct and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling fees and all 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 service providers, customs processing or events beyond our control. Once we have handed the products over to the shipping service provider, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, texts, representations, images, graphics, product reviews, video and audio files and their design, selection and arrangement, are the property of eushopfy, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These General Terms and Conditions 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 the material in the Services. Unless expressly provided herein, no provision of these General Terms and Conditions grants you a license or other rights to patents, trademarks, copyrights or other intellectual property of eushopfy, Shopify or third parties, nor can such a grant be derived from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to eushopfy.
The names, logos, product and service names, designs and slogans of eushopfy are trademarks of eushopfy or its affiliates or licensors. You may not use these trademarks without the prior written permission of eushopfy. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of the respective legal owners.
SECTION 7 – OPTIONAL TOOLS
You may gain access to customer tools offered by third-party providers as part of the Services that we cannot monitor, control 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 any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools.
Your use of optional tools offered via the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and 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 all embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources or content on third-party websites. You should carefully review the third party's policies and procedures and ensure 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
[NOTE TO MERCHANTS: This section accurately characterizes Shopify's relationship to your shop and should not be removed or modified].
eushopfy is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our shop are completed directly with eushopfy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the business between you and eushopfy, including injuries, damages or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and liabilities arising from or related to your purchases and transactions with eushopfy.
SECTION 10 – PRIVACY POLICY
All personal data we collect via the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, certain personal data 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.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services is shared with Shopify as well as third-party providers who may be located in countries other than the country in which you reside to provide the Services to you. For more information about how we, Shopify and our partners use your personal data, see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, suggestions, plans or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display this 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 the General Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or have full rights to it; (ii) you have disclosed all compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these General Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit or remove Feedback that we deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable at our sole discretion or that violates any party's intellectual property or these General Terms and Conditions.
You represent that your Feedback does not violate any third-party rights, including copyrights, trademark rights, privacy rights, personality rights or other personal or property rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, offensive or obscene statements and is free from computer viruses or other malware that could impair the operation of the Services or any related website in any way. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of the Feedback. You bear sole responsibility for your Feedback and its accuracy. We assume no responsibility and liability for 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 that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information or cancel orders at any time without prior notice (even after you have submitted your order) in the event of inaccurate information.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for illegal or malicious purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local 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 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 material that does not comply with these General Terms and Conditions; (g) to transmit or cause the transmission of advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar advertising measures; (h) to impersonate or attempt to impersonate another natural or legal person, or (i) to engage in any other conduct that restricts or hinders the use of the Services or that in our discretion could harm or expose eushopfy, Shopify or users of the Services to liability.
In addition, you agree to refrain from: (a) uploading or transmitting viruses or other types of malicious code that will in any way affect the functionality or operation of the Services; (b) reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Services; (c) collecting or tracking personal data of others; (d) engaging in spam, phishing, pharm, pretext, spider, crawl or scrape activities; or (e) impairing or circumventing the security features of the Services or any related website, other websites or the internet. We reserve the right to block, disable or close your account at any time 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 parts thereof) at our sole discretion at any time without notice. You remain liable for all amounts due up to the date of termination.
The following sections shall continue to survive after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.
SECTION 15 – WARRANTY DISCLAIMER
The information presented in or via the Services is for general information purposes only. We make no guarantee as to the accuracy, completeness or usefulness of this information. Any reliance you place on this information is at your own risk. We disclaim any liability and responsibility arising from you or other visitors to the Services or other persons informed of its content relying on these materials.
UNLESS EXPRESSLY STATED BY eushopfy, THE SERVICES AND ALL PRODUCTS OFFERED VIA THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, 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 EXTENT PERMITTED BY LAW, eushopfy, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY EVENT FOR INJURIES, LOSSES, CLAIMS OR 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 BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE OF ANY KIND ARISING FROM USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless eushopfy, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties arising from (1) your breach of these General Terms and Conditions or the documents they 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 claims, provided that failure to promptly notify will not relieve you of your obligations unless you are substantially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnity claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these General Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nevertheless remain effective to the greatest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall remain unaffected by such determination.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions and any policies or operating rules posted by us on this website or in relation to 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 offers, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer or delegate this agreement or your rights or obligations under these General Terms and Conditions without our prior written consent, and any attempt to do so is null and 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 General Terms and Conditions 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 courts of the country in which eushopfy has its principal place of business. You and eushopfy agree to the jurisdiction and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these General Terms and Conditions.
SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can view the current version of the General Terms and Conditions at any time on this page.
We reserve the right to update, change or replace parts of these General Terms and Conditions at our discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of changes to these General Terms and Conditions constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have questions about the General Terms and Conditions, please contact info@eushopfy.com.
Our contact information is listed below:
[INSERT TRADE NAME]
info@eushopfy.com
[INSERT BUSINESS ADDRESS]
[INSERT COMPANY PHONE NUMBER]
[INSERT COMMERCIAL REGISTER NUMBER]
[INSERT VAT NUMBER] GENERAL TERMS AND CONDITIONS (GTC)
OVERVIEW
Welcome to eushopfy. The terms "we", "us" and "our" refer to eushopfy.
eushopfy operates this online shop via the Shopify platform and offers products for consumers within the European Union through it.
These General Terms and Conditions (GTC) govern your rights and obligations in connection with the use of our online shop and the purchase of our products.
By accessing our shop or using our Services, you agree to these GTC as well as our Privacy Policy. If you do not agree to these terms, you may not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
You confirm that you are of legal age and legally authorized to enter into binding contracts.
All information you provide must be correct, current and complete.
You are responsible for the security of your login credentials and for all activities that occur via your account.
SECTION 2 – PRODUCTS
The representation of products serves for illustration. Deviations in color, shape or representation may be technically conditioned.
Product descriptions and availability may be changed at any time or products may be removed from the range.
SECTION 3 – ORDERS
By submitting your order, you make a binding offer to purchase.
A contract is only concluded upon our express order confirmation.
Returns and withdrawals are made exclusively in accordance with our statutory right of withdrawal.
The products offered are exclusively intended for private use.
SECTION 4 – PRICES AND PAYMENT
All prices are shown in the respective currency stated.
Shipping costs, taxes or other charges are displayed transparently at checkout.
You undertake to provide correct and complete payment information and to bear all incurred costs.
SECTION 5 – SHIPPING AND DELIVERY
eushopfy operates according to the dropshipping principle. The goods are shipped directly from the respective supplier.
Delivery times are non-binding estimates and do not constitute guaranteed dates.
The transfer of risk takes place in accordance with the mandatory legal provisions of EU consumer law only upon delivery of the goods to the consumer.
SECTION 6 – INTELLECTUAL PROPERTY
All content of this online shop, including texts, images, logos and designs, is the property of eushopfy or its licensors and is protected by copyright.
Use beyond private use is prohibited without prior written consent.
SECTION 7 – THIRD-PARTY TOOLS AND SERVICES
Optional third-party tools and services are provided "as is".
We assume no liability for content, functions or failures of such third-party providers.
SECTION 8 – THIRD-PARTY LINKS
Our shop may contain links to external websites.
We assume no responsibility for their content or privacy practices. Access is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
eushopfy is operated via the Shopify platform.
Contracts for the purchase of products are concluded exclusively between you and eushopfy. Shopify is not a contractual partner.
SECTION 10 – PRIVACY
The processing of personal data is carried out in accordance with our Privacy Policy and Shopify's Privacy Policy.
SECTION 11 – FEEDBACK
By submitting feedback, you grant eushopfy an unlimited right of use in terms of time, space and content.
SECTION 12 – ERRORS AND INACCURACIES
We reserve the right to correct errors and cancel orders in case of incorrect information.
SECTION 13 – PROHIBITED USE
Any abusive, unlawful or harmful use of the shop is prohibited.
SECTION 14 – TERMINATION
We reserve the right to block or terminate access to our Services at any time in case of violations of these GTC.
SECTION 15 – WARRANTY DISCLAIMER
Our Services are provided without express or implied warranties to the extent permitted by law.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, we are only liable for intent and gross negligence.
Mandatory statutory liability claims of consumers remain unaffected.
SECTION 17 – INDEMNIFICATION
You indemnify eushopfy from third-party claims arising from your unlawful use of the shop.
SECTION 18 – SEVERABILITY
If any provision of these GTC is invalid, the validity of the remaining provisions remains unaffected.
SECTION 19 – ENTIRE AGREEMENT
These GTC constitute the complete agreement between you and eushopfy.
SECTION 20 – ASSIGNMENT
An assignment of rights or obligations by you requires our prior written consent.
SECTION 21 – APPLICABLE LAW
Swiss law applies.
For consumers with residence in the European Union, mandatory consumer protection provisions of the respective EU member state as well as applicable EU law remain unaffected.
SECTION 22 – CHANGES TO THE GTC
We reserve the right to change these GTC at any time. The published version is authoritative.
SECTION 23 – CONTACT
eushopfy
Schaffhauserstrasse 108
8180 Bülach
Switzerland
E-Mail: info@eushopfy.com