Terms of service
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OVERVIEW
Welcome to Nico A Hagemann! The terms "we," "us," and "our" refer to Nico A Hagemann. Nico A Hagemann operates this store and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a customized shopping experience ("Services"). Nico A Hagemann is powered by Shopify, which enables us to deliver the Services to you.
The following terms and conditions, along with any policies referenced herein (these "Service Terms" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Service 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 be bound by these Service Terms and our Privacy Policy [LINK]. If you do not agree to these Service Terms or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Service Terms, you represent that you are at least the age of majority in your state or province of residence, and 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 webshops or purchasing any products or services we offer, 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 stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity on 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 provide an accurate description of our products and services in our webshops. However, please note that colors or product appearances may differ from what is displayed on your screen due to the type of device you use to access the store and your device’s settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be the same as shown or described in our webshops.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove any product at any time and may limit the quantity of any product offered to any person, geographic area, or jurisdiction, from time to time.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Nico A Hagemann reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not accepted until Nico A Hagemann confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Nico A Hagemann may not be able to accommodate cancellation requests after an order is accepted. If we do not accept or if we change or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time 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 for your own personal use or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs, or import duties.
Prices in our webshops may differ from prices offered in physical stores or other webshops or stores operated by third parties. From time to time, we may offer promotions via the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
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 email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the stated prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by shipping companies, customs clearance, or events beyond our control. Title and risk of loss pass to you upon delivery of the products to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, screens, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are owned by Nico A Hagemann, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms grant you only a limited license to use the Services for your 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 provided herein, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Nico A Hagemann, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Nico A Hagemann.
Nico A Hagemann’s names, logos, product and service names, designs, and slogans are trademarks of Nico A Hagemann or its affiliates or licensors. You may not use such trademarks without prior written permission from Nico A Hagemann. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be able to access customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.
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 shall have no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms of use for such tools provided by the relevant third-party providers.
We may also in the future offer new features via the Services (including the release of new tools and resources). Such new features shall also be subject to these Service Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third-party policies and practices 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 third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO STORE OWNER: This section describes Shopify’s relationship with your store and should not be removed or altered.]
Nico A Hagemann is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Nico A Hagemann. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Nico A Hagemann, including any damages or losses resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Nico A Hagemann.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available 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 information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify and third parties who may be located in countries other than where you live in order to provide the Services to you. Please read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, send, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively called “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 use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all feedback, (ii) you have disclosed any form of compensation or incentive you have received in connection with your submission of feedback, and (iii) your feedback will comply with these terms. We are not and shall not be obligated to (1) keep your feedback confidential, (2) pay compensation for your feedback, or (3) respond to your feedback.
We may, but are not obligated to, monitor, edit, or remove feedback that we, in our sole discretion, consider illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You represent that your feedback will not infringe on any third party’s rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Furthermore, you represent that your feedback will not contain defamatory or otherwise unlawful, offensive, or obscene content or contain computer viruses or other malware that in any way may affect the operation of the services or any related website. You must not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties about the origin of the feedback. You are solely responsible for all feedback you provide and its accuracy. We assume no responsibility and accept no liability for feedback submitted by you or a third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, transit 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, at any time without prior notice (including after you have submitted your order).
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 to: (a) engage in illegal or malicious activities, (b) violate international, federal, provincial, or state regulations, rules, laws, or local ordinances, (c) infringe or violate our intellectual property rights or those of others, (d) harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or other persons, (e) transmit false or misleading information, (f) send, knowingly receive, upload, download, use, or reuse material that is not in compliance with these terms, (g) send or solicit advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations, (h) impersonate or attempt to impersonate another person or entity, or (i) engage in any other conduct that restricts or inhibits others’ use or enjoyment of the services, or that, in our judgment, may harm Nico A Hagemann, Shopify, or users of the services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code used in any way that will 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 others’ personal information, (d) send spam, commit phishing, pharming, pretexting, spidering, crawling, or scraping, 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 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 our sole discretion at any time without notice, and you will remain responsible for all amounts owed up to the date of termination.
The following sections will survive any 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 – WARRANTY DISCLAIMER
The information presented on or through the services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your or other visitors’ use of or reliance on such content.
UNLESS EXPRESSLY STATED BY Nico A Hagemann, 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, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, WARRANT, OR ENSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Nico A Hagemann, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR 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, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, 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 PRODUCT) 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 Nico A Hagemann, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, incurred by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be considered severed from these Terms of Service, and such provision shall not affect the validity and enforceability of any remaining provisions.
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 and any policies or operating rules published by us on this website or in respect to 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, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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, and any such attempt will be null and void. We may transfer, assign, or delegate these terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Nico A Hagemann has its headquarters. You and Nico A Hagemann consent to jurisdiction and venue in such courts.
SECTION 22 – HEADINGS
The headings in this agreement are included for convenience only and will not limit or otherwise affect these terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can view the latest version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law, and 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 Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at nicohagemannsif@gmail.com