Terms of Service

OVERVIEW

Welcome to Colognia! The terms "we," "us," and "our" refer to Colognia. Colognia operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Colognia is powered by Shopify, enabling us to deliver the Services to you.

The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and cover topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services are not permitted.

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SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are of legal age according to the laws of the state or province in which you reside and that you have given us permission to allow any minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your 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 possess all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activities within your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS We strive to provide the most accurate description possible of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the device's settings and configuration. We do not guarantee that the appearance or quality of the products or services purchased by you will meet your expectations or match the representation or description in our online store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Colognia reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not accepted until Colognia has confirmed it. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it. Colognia may not be able to honor a cancellation request once your order has been accepted. In the event we do not accept an order, modify it, or cancel it, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided during the order process. You may only return or exchange purchases in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 - PRICING 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 you place the order. This price will be stated in the confirmation email you receive after your order. Unless explicitly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import duties. Prices displayed in our online stores may differ from prices in physical stores, or in online stores or other shops operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and to which terms and conditions separate from these Terms apply. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms 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 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 authorized to use the credit card for purchases; (iii) your expenses will be approved by the credit card company; and (iv) you will pay the costs incurred at the displayed prices, including shipping, handling, and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have handed the products over to the carrier, title and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Colognia, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries. These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Colognia, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Colognia. Colognia’s names, logos, product names, service names, design elements, and slogans are trademarks of Colognia or its affiliates or licensors. You may not use such trademarks without prior written permission from Colognia. Shopify’s name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS You may be able to access customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control or influence over them. 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 are in no way liable for damages arising from or related to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk and discretion. You must ensure you are aware of and agree to the terms under which the tools are provided by the relevant third-party provider(s). We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.

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 third-party materials or websites you wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not liable for any damages or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in a 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 Colognia uses Shopify to provide the Services to you. However, all sales and purchases made in our store are handled directly with Colognia. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Colognia, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Colognia.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read the applicable Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, so they can provide services to you. Read our Privacy Policy [LINK] for more information.

SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed all compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep Feedback confidential; (2) pay compensation for Feedback; or (3) respond to Feedback. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions. This may relate to product descriptions, pricing, promotions, offers, 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 any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 13 - PROHIBITED USES You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, or provincial laws, regulations, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other persons; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to send advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm Colognia, Shopify, or users of the Services. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated 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 and without notice. You remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature should survive.

SECTION 15 - DISCLAIMER OF WARRANTIES Information provided 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. UNLESS EXPRESSLY STATED BY COLOGNIA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS, 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, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

 

SECTION 16 - LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLOGNIA, 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. THIS INCLUDES, 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 ANY OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Colognia, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, made by any third party due to or arising out of (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us 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 posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals (including, but not limited to, any prior versions of the Terms of Service).

SECTION 20 - ASSIGNMENT You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Colognia's headquarters are located. You and Colognia consent to the jurisdiction of the relevant courts.

SECTION 22 - HEADINGS The headings used 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 review the most current version of the Terms of Service at any time at 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 Services following the posting of any 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 info@colognia.nl or 085 0607059.