Terms of service
Welcome to FREISEIN! The terms “we”, “us” and “our” refer to FREISEIN. FREISEIN operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). FREISEIN is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you should not use or access our Services.
§ 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that 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 email address, 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 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.
§ 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that colours or the appearance of products may differ from how they appear on your screen depending on the type of device you use to access the store, as well as your device settings and configuration.
All product descriptions may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of the products we offer for certain persons, geographic regions or jurisdictions on a case-by-case basis.
§ 3 – ORDERS
When you place an order, you make an offer to purchase. FREISEIN reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not deemed accepted until FREISEIN has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as FREISEIN may not be able to consider cancellation requests once an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time of the order.
Your purchases may only be returned or exchanged in accordance with our Return Policy [LINK].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
§ 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 the order is placed and is stated in your order confirmation email. Unless expressly stated otherwise, the prices shown apply.
The prices shown in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to separate terms and conditions that differ from these Terms. In the event of any conflict between the terms of a promotion and these Terms, 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 stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry 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 duly authorised to use that credit card for the purchase, (iii) the charges you incur will be honoured by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling fees and any applicable taxes, if any.
§ 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 clearance or events beyond our control. Once we have handed the products over to the shipping carrier, title and risk of loss pass to you.
§ 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand marks, text, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of FREISEIN, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials of the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you, or shall be construed as granting you, any licence or other rights in any patents, trademarks, copyrights or other intellectual property of FREISEIN, Shopify or third parties. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to FREISEIN.
The names, logos, product and service names, designs and slogans of FREISEIN are trademarks of FREISEIN or its affiliates or licensors. You may not use these trademarks without the prior written permission of FREISEIN. 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 trademarks of their respective owners.
§ 7 – OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools provided by third parties that we neither monitor nor control nor have any influence over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions and without any endorsement. We assume no liability whatsoever arising out of or relating to your use of optional third-party tools.
Any use of the optional tools offered through the website is entirely at your own risk and discretion. You should familiarise yourself with, and accept, the terms under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). These new features shall also be deemed part of the Services and shall be subject to these Terms of Use.
§ 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you access. 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 damages or losses arising in connection with your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before carrying out any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.
§ 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.
FREISEIN is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with FREISEIN. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and FREISEIN, including injuries, damages or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and transactions with FREISEIN.
§ 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, which you can view 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 in order to provide and improve the Services for you. The data you submit to the Services is transferred and shared with Shopify as well as third parties who may be located in countries other than your country of residence, in order to provide you with Services. For more information about how we, Shopify and our partners use your personal data, please see our Privacy Policy [LINK].
§ 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any 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 that Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations under, and exercise our rights under, the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) keep your Feedback confidential, (2) pay you any compensation for your Feedback, or (3) respond to your Feedback.
We are entitled, but not obligated, to monitor, edit or remove any Feedback that we, at our sole discretion, deem unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property or these Terms of Use.
You agree that your Feedback does not violate the rights of any third party, including copyrights, trademark rights, privacy rights, personality rights or other personal or proprietary rights. You further agree that your Feedback does not contain any defamatory or otherwise unlawful, abusive or obscene content and is free of computer viruses or other malware that could in any way impair the operation of the Services or any associated website. You may not use a false email address, impersonate any other person 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 assume no responsibility and no liability for your Feedback or the Feedback of third parties.
§ 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, prices, promotions, offers, product shipping costs, delivery 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 notifying you in advance (even after you have placed your order).
§ 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 purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or disregard our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our assessment, may harm FREISEIN, Shopify or the users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that are or may be used in a 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 data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any associated 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.
§ 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 shall survive any termination: Intellectual Property, Feedback, Termination, 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.
§ 15 – DISCLAIMER
The information provided on or through the Services is for general information purposes only. We make no warranty as to 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 its content.
UNLESS EXPRESSLY STATED BY FREISEIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER 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 WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
§ 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FREISEIN, OUR PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, 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 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 THE SERVICES OR THE 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 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 PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
§ 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless FREISEIN, Shopify and our affiliates, partners, executives, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of or in connection with (1) your breach of these Terms of Use or the documents incorporated herein by reference, (2) your violation of any laws or the rights of any third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that any failure to notify you promptly will not release you from your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of such claims at your expense, including the choice of legal counsel, but will not settle any claims requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defence against indemnifiable claims, including by providing relevant documents.
§ 18 – SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, with such determination not affecting the validity and enforceability of the remaining provisions.
§ 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.
These Terms of Use 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 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 Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
§ 20 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms 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.
§ 21 – GOVERNING LAW
These Terms of Use and any separate agreements under which we provide Services to you shall be governed by, and construed in accordance with, the federal and state or territorial courts in the jurisdiction in which FREISEIN has its principal place of business. You and FREISEIN consent to the venue and personal jurisdiction of those courts.
§ 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms in any way.
§ 23 – CHANGES TO THE TERMS OF USE
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and these changes will take effect on the date stated in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Use constitutes acceptance of those changes.
§ 24 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to info@freisein.store.
You can find our contact details here.