General terms and conditions of business
GENERAL TERMS AND CONDITIONS OF BUSINESS
This website is operated by 360 FOR YOU OHG. Throughout the site, the terms “we”, “us” and “our” refer to 360Spices. This website, including all information, tools and services available on this website, is offered by Calmfit to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting our website and/or purchasing anything from us, you subscribe to our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms of this Agreement, do not access the Site or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent 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 Use by posting updates and/or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province, or that you are the age of majority in your state or province and have given us your consent to permit your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or code of a destructive nature.
Violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL TERMS
We reserve the right to refuse service at any time and for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and (a) involves transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without our express written permission sell, resell or exploit.
The headings used in this Agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied on or used as the sole basis for making decisions without consulting primary, most accurate, complete or current sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or interruption of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our refund policy: https://360spices.com/pages/right of return
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that your computer monitor's color display will be accurate.
We reserve the right, but have no obligation, to limit sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any product, service, information or other material purchased or received by you will meet your expectations or that errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
See our Refund Policy for more details.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or input.
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 have no liability for or in connection with your use of optional third-party tools.
Any use of optional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party.
We may also offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may contain materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant or have any liability for any third-party materials or websites, or for any other third-party materials, products or services.
We are not responsible for any damage or harm related to the purchase or use of any goods, services, resources, content or any other transactions made in connection with any third party websites. Please read third party policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
When you send certain specific submissions (such as contest entries) at our request or without our request, you are submitting creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any Comments that you submit to us, in any media, at any time without restriction. We are under no obligation and will not be under any obligation to (1) keep any Comments confidential; (2) pay compensation for comments; or (3) to reply to comments.
We may, but are not obligated to, monitor, edit or remove any Content that we determine, in our sole discretion, to be unlawful, objectionable, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate the intellectual property of any party or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Comment. You are solely responsible for any comments you make and their accuracy. We are not responsible for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the shop is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 information on the Service or on any related website is inaccurate at any time without notice (including after you have placed your order) .
We assume no obligation to update, change or clarify any information on the Service or on any related website, including without limitation pricing information, except as required by law. No specific update or update date applied to the Service or any related website should be taken as an indication that any information on the Service or any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to encourage others to perform or participate in any illegal activity; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for indefinite periods of time or terminate the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are (except as expressly provided by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, whatsoever it express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall 360 FOR YOU OHG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, penalty, injury, loss, claim or damages, or consequential damages of any kind, including but not limited to lost profits, income, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of a of the Services or any products purchased using the Service or any other claim related in any way to your use of the Service or any Products, including without limitation any errors or omissions in such content or any loss or damage of any kind arising out of your use of the Service or any Content (or Products) posted, transmitted or otherwise made available through the Service, even if you have been notified of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless 360 FOR YOU OHG and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, including reasonable fees , to indemnify, defend and hold harmless Attorneys made by any third party as a result of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - 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. Service, such provision shall not affect the validity and enforceability of any other remaining provision.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use apply unless terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or when you stop using our website.
If, in our sole discretion, you breach, or we suspect that you have breached, any term or provision of these Terms of Use, we may terminate this Agreement at any time without notice and you will remain responsible for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules we post on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals. whether oral or in writing, between you and us (including without limitation any previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the party that drafted them.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements by which we provide services to you are governed by and construed in accordance with the laws of Germany and the European Union.
SECTION 19 – MODIFICATIONS TO THE TERMS OF SERVICE
You can review the most recent version of the Terms of Service 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 Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT DETAILS
Questions regarding the Terms of Use should be sent to info@360spices.com.
360 FOR YOU OHG
Schuckertstrasse 16
48153 Munster
Germany