Terms and Conditions

OVERVIEW
Welcome to KERAZUL®! The terms "we", "us" and "our" refer to KERAZUL®. KERAZUL® operates this store and this website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the "Services"). KERAZUL® is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), 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 cover topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by 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 at least the age of majority in the state or region where you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, have purchased or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your e-mail address as well as 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 have all rights necessary to provide this information.
You alone are 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 have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colours or the appearance of products may differ from what you see on your screen depending on the device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. KERAZUL® reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until confirmed by KERAZUL®. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before submitting it, as KERAZUL® 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 notify you using the e-mail address, billing address and/or phone number provided when the order was placed.
Returns or exchanges of your purchases are made exclusively in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation e-mail sent to you. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs or import charges.
Prices listed in our online stores may differ from prices in brick-and-mortar stores or in online stores or other stores operated by third parties. From time to time we may offer promotions for the Services that may affect pricing and that are governed by terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these Terms and Conditions, the promotion terms will 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 e-mail 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, correct and complete, (ii) you are authorised to use that credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges 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 carriers, customs processing or events outside our control. Once we have handed the products over to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio files, and the design, selection and arrangement thereof, are owned by KERAZUL®, its affiliates or licensors and are protected by US and international patent, copyright and other intellectual property laws.
These Terms and Conditions permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms and Conditions grants you a licence or any other rights to any patents, trademarks, copyrights or other intellectual property of KERAZUL®, Shopify or any third party, nor may any such grant be implied from these provisions. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by KERAZUL®.
The KERAZUL® names, logos, product and service names, designs and slogans are trademarks of KERAZUL® or its affiliates or licensors. You must not use such marks without the prior written permission of KERAZUL®. The Shopify 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 the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor 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 all liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with, and accepting, the terms and conditions under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these 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 functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to 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 any harm or damages arising from your access to third-party websites or from the purchase or use of products, services, resources or content on third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
KERAZUL® is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make through our store are concluded directly with KERAZUL®. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and KERAZUL®, including any injuries, damages or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all liability for any claims, damages and liabilities arising from or related to your purchases and transactions with KERAZUL®.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. 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.
Because 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 transmitted to Shopify and to third-party providers, which may be located in countries other than the country of your residence, in order to provide the Services to you. Our Privacy Policy contains further information about how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, e-mail or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to perform our obligations and exercise our rights under these Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or otherwise have all rights necessary in it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your 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 obliged, to monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You warrant that your Feedback does not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further warrant that your Feedback does not contain libellous or otherwise unlawful, abusive or obscene material, and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains 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 any inaccuracy, we reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders, at any time and without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms and Conditions; (g) to transmit, or procure the sending of, any advertising or promotional material, including "junk mail", "chain letters", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm KERAZUL®, Shopify or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; 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 and 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 liable for all amounts due up to and including 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 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY KERAZUL®, 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, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT 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 FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KERAZUL®, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, 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 KERAZUL®, 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 any third party and arising from (1) your breach of these Terms and Conditions or the documents they incorporate by 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 claim, provided that any failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of any such claim at your expense, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defence of any indemnifiable claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, assign or transfer this agreement or your rights or obligations under these 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 your consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of, and subject to the federal and state or territorial courts of, the country in which KERAZUL® has its principal place of business. You and KERAZUL® agree to submit to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THESE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to 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. Such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at support@kerazul.de.
Our contact information is posted below:
KERAZUL® (LLB Brand Distribution SL)
support@kerazul.de
Cami Vell de Llucmajor, 112, 07007 Palma, Spain
VAT ID: ESB16582470