Terms of Use
OVERVIEW
Welcome to Atelier Edelhaus! The terms “we,” “us,” and “our” refer to Atelier Edelhaus. Atelier Edelhaus 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”). Atelier Edelhaus is based on Shopify, which allows us to provide you with the services.
The following terms and conditions, along with the policies mentioned herein (these “Terms and Conditions” or “Conditions”) describe your rights and obligations when you use the services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address issues such as warranty disclaimers and liability limitations.
By visiting, interacting with, or using our services, you consent to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you 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 required 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 accurate, current, and complete and that you are fully authorized to provide such information.
You are solely responsible for the security of your account login information 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 accurately represent our products and services in our online shops. However, we note that colors or the appearance of products may vary from the colors displayed on your screen due to the device you are using to access the shop and its settings and configurations.
We make no guarantees that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and without prior 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 are making a purchase offer. Atelier Edelhaus reserves the right to accept or decline your order at its discretion for any reason. Your order is only considered accepted after confirmation by Atelier Edelhaus. The acceptance of your order is contingent upon the receipt and processing of your payment. Please review your order carefully before submission, as Atelier Edelhaus may not 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 inform you via the email address, billing address, and/or phone number provided with the order.
Returns or exchanges of your purchases are solely in accordance with our right of withdrawal.
You represent and warrant that your purchases are for your personal use or for use in your household and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers may change without prior notice. The price charged for a product or service is the price in effect at the time of the order and is reflected in the order confirmation you receive via email. Unless expressly stated otherwise, the prices stated do not include taxes, shipping, handling, customs, or import fees.
The prices listed in our online shops may differ from the prices in physical stores or in online shops or other shops operated by third parties. We may from time to time offer promotions for the services that may affect pricing and for which different terms and conditions apply than these terms. In the event of a conflict 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 accurate 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 as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, 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 prices stated, 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 providers, customs processing, or events beyond our control. Once we have handed the products over to the shipping provider, ownership and the risk of loss transfer to you.
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 design, selection, and arrangement, are the property of Atelier Edelhaus, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions allow 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 Terms and Conditions grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Atelier Edelhaus, Shopify, or third parties, nor can such a grant be inferred 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 by Atelier Edelhaus.
The names, logos, product and service names, designs, and slogans of Atelier Edelhaus are trademarks of Atelier Edelhaus or its affiliates or licensors. You may not use these trademarks without the prior written permission of Atelier Edelhaus. 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 their respective legal owners.
SECTION 7 – OPTIONAL TOOLS
You may gain access to customer tools provided by third parties as part of the services, which 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 the use of optional tools from third parties or related to it.
The use of the optional tools offered through the website is solely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms under which the tools are provided by the respective third parties.
We may also offer new features through the services in the future (including the release of new tools and resources). Such new features will also be considered part of the services and will be subject to these terms and conditions.
SECTION 8 – LINKS FROM THIRD PARTIES
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 verifying 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 these 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 the purchase or use of 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 a 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
[HINWEIS FÜR HÄNDLER: Dieser Abschnitt charakterisiert die Beziehung von Shopify zu Ihrem Shop präzise und sollte nicht entfernt oder geändert werden].
Atelier Edelhaus is operated by Shopify, allowing us to provide you with the services. However, all sales and purchases you make in our shop are concluded directly with Atelier Edelhaus. By using the services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Atelier Edelhaus, including any 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 Atelier Edelhaus.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Additionally, 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.
Since the services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the services in order to provide and improve the services for you. Data you submit to the services will be shared with Shopify as well as with third parties that may be located in countries other than the country in which you reside, in order to provide the services for you. In our privacy policy [LINK], you will find more information about how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
When you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "feedback"), you grant us an irrevocable, 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 terms and conditions.
You also represent and warrant that: (i) you are the owner of all feedback content or have all necessary rights to it; (ii) you have disclosed all compensation or incentives you have received in connection with submitting your feedback; and (iii) your feedback complies with these terms and conditions. We are not obligated to (1) treat your feedback as 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 in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of a party or these terms and conditions.
You assure that your feedback does not infringe on the rights of third parties, including copyrights, trademark rights, privacy rights, personality rights, or other personal or property rights. You further assure 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 associated website in any way. You may not use a false email address, impersonate another person, or mislead us or third parties in any way regarding the origin of the feedback. You bear sole responsibility for your feedback and its accuracy. We accept no responsibility or liability for feedback published by you or a 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 charges, transit times, and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time 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 access or use the Services, directly or indirectly: (a) for unlawful 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 damage 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 does not comply with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitation; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that may harm Atelier Edelhaus, Shopify, or the users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that may in any way affect the functionality or operation of the Services; (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 or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or close your account at any time and without prior notice if we determine that you have violated any part of these Terms and Conditions.
SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
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 all amounts due up to the date of termination of the agreement.
The following sections shall remain in effect even after the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability Clause, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general informational purposes only. We make no guarantees as to the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim any liability and responsibility arising from your or other visitors to the Services or other persons being informed of its content relying on these materials.
UNLESS EXPRESSLY STATED BY Atelier Edelhaus, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT OF RIGHTS. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES OR ALLOW IT NOT, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Atelier Edelhaus, OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR THE PRODUCTS RELATED TO THE SERVICES, OR FOR ANY OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENTS OR LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE CONTENTS (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Atelier Edelhaus, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney's fees, that are payable to third parties and arise 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 all compensable claims, provided that a failure to promptly notify does not relieve you of your obligations, unless you are significantly disadvantaged thereby. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but will not settle any claim that requires you to incur non-monetary obligations 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 CLAUSE
If any provision of these General Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall remain in effect to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected 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 all policies or operating rules published 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. 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 the General Terms and Conditions).
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 shall be null and void. We may assign, transfer, or delegate these terms and our rights and obligations without your consent or notice to you.
SECTION 21 – APPLICABLE LAW
These General Terms and Conditions and all separate agreements under which we provide you with services are subject to the federal and state or territorial courts of the country in which Atelier Edelhaus has its headquarters and shall be construed accordingly. You and Atelier Edelhaus agree to the jurisdiction and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and shall not affect 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, modify, 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 inform you of any significant changes to these terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. By continuing to use the services or access them after the publication of changes to these General Terms and Conditions, you agree to these changes.
SECTION 24 – CONTACT INFORMATION
If you have questions about the General Terms and Conditions, please contact baurjan.tulegenov6@gmail.com.