Terms of service

OVERVIEW

Welcome to Nessamé! The terms “we,” “us,” and “our” refer to Nessamé. Nessamé 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”). Nessamé 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 and Conditions” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree 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 at least the age of majority in the state or region in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. 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 maintaining the security of your account credentials and for all activities that occur under 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 display our products and services in our online shops as accurately as possible. However, we note that colors or the appearance of products may vary depending on the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online shops.
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 quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. Nessamé reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once confirmed by Nessamé. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Nessamé may not be able to honor cancellation requests once an order has been accepted.
If we do not accept, modify, 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.
Returns or exchanges of purchases are governed exclusively by our right of withdrawal policy.
You represent and warrant that your purchases are for your personal or household use only 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 is the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import fees.
Prices in our online shops may differ from prices in physical stores or other online shops operated by third parties. From time to time, we may offer promotions that affect pricing and are subject to separate terms. In the event of a conflict, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our shops and to promptly update your account and other information as needed to complete transactions and contact you when required.
You represent and warrant that (I) the credit card information you provide is true, correct, and complete; (II) you are authorized to use the credit card; (III) charges incurred will be honored by your credit card company; and (IV) you will pay all charges incurred at the prices stated, including shipping and handling fees.

All prices are final prices. No VAT is charged in accordance with Section 19 of the German VAT Act.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or 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. Ownership and risk of loss pass to you once the products are handed over to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are owned by Nessamé, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms and Conditions 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 material from the Services without our prior written consent.
Nothing in these Terms grants you any license or rights to Nessamé’s, Shopify’s, or any third party’s intellectual property, except as expressly provided. Unauthorized use of the Services may violate applicable laws. All rights not expressly granted are reserved by Nessamé.
The Nessamé name, logo, product and service names, designs, and slogans are trademarks of Nessamé or its affiliates or licensors. Shopify’s name, logo, and related marks are trademarks of Shopify. All other names and marks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to third-party tools that we neither monitor nor control. These tools are provided “as is” and “as available,” without warranties of any kind. We disclaim all liability arising from or related to your use of optional third-party tools.
Your use of such tools is entirely at your own risk and discretion, and you are responsible for reviewing and agreeing to the terms under which they are provided.
New features or tools added to the Services in the future will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or materials. We are not responsible for examining or evaluating the content or accuracy of third-party materials. Accessing such websites is at your own risk.
We are not liable for any harm or damages related to your use of third-party websites or products. Complaints or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Nessamé is powered by Shopify; however, all sales are made directly between you and Nessamé. Shopify is not responsible for any aspect of transactions between you and Nessamé. You expressly release Shopify and its affiliates from any liability arising from your purchases.

SECTION 10 – PRIVACY POLICY

All personal data collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, your data may be processed by Shopify and third parties, potentially in countries other than your own.

SECTION 11 – FEEDBACK

If you submit feedback, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use it for any purpose, including commercial use. You represent that you own or have the necessary rights to the feedback and that it complies with these Terms. We are not obligated to keep feedback confidential, compensate you, or respond to it.
We may remove feedback that we deem unlawful or offensive. You are solely responsible for your feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain errors or inaccuracies. We reserve the right to correct such errors and to change or update information or cancel orders at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. Prohibited uses include, but are not limited to, unlawful activities, intellectual property infringement, harassment, transmitting false information, spam, impersonation, collecting personal data, introducing malware, or interfering with security features. We reserve the right to terminate your account for violations.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the termination date. Certain sections will survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind. We do not guarantee uninterrupted or error-free use. Some jurisdictions may not allow certain warranty disclaimers.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Nessamé, Shopify, and their affiliates shall not be liable for any direct or indirect damages arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Nessamé, Shopify, and their affiliates from any claims arising from your breach of these Terms, violation of laws, or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right does not constitute a waiver. These Terms constitute the entire agreement between you and us.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without our consent. We may assign them without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws and courts of the country where Nessamé has its principal place of business.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO THE TERMS

You may review the current version of the Terms at any time. We reserve the right to update these Terms and will notify you of material changes as required by law.

SECTION 24 – CONTACT INFORMATION

For questions about these Terms and Conditions, please contact:
Nessamé by Vanessa Hanslik
info@nessame.de
Gruener Weg 24
50767 Cologne, Germany