Terms of service

OVERVIEW
Welcome to Modelinie! The terms "we," "us," and "our" refer to Modelinie. Modelinie 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"). Modelinie 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 Service" or "Terms") govern your access to and use of the Services, including any content, functionality, and services offered.

Please read these Terms of Service carefully, as they contain important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and a dispute resolution clause.

By accessing or using any part of the Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to all the terms and conditions of these Terms of Service or the Privacy Policy, you may not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or otherwise control.
In order to access or use the Services, including accessing or browsing our online shops or purchasing any products or services we offer, you may be required to provide certain information such as your email, billing, payment, and delivery information. You represent and warrant that any information you provide on our shops is accurate, current, and complete, and that you have the authority to provide such information.
You are solely responsible for the activity that occurs on your account, and for keeping your account credentials secure. You may not transfer, sell, assign, or license your account to any other party.

SECTION 2 – OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services offered through our online shops. However, we do not guarantee that the colors or appearance of the products you see displayed will accurately reflect the actual colors of the products, as this may depend in part on the device you use to access our shops and their settings and configurations.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, or be the same as depicted in our online shops.
All descriptions of products are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any products at any time, and to limit the quantities of any products that we provide to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 – ORDERS
Your order is an offer to purchase. Modelinie reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until confirmed by Modelinie. Acceptance of your order is subject to the receipt and processing of your payment. Please review your order carefully before submitting it, as Modelinie may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Any returns or exchanges of your purchases are subject exclusively to our Right of Withdrawal. 
You represent and warrant that your purchases are intended for personal or household use and are not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed, and will be set out in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs, or import fees.
Prices displayed in our online shops may be different from prices offered in physical stores, or offered by other online or offline shops operated by third parties. We may offer promotions on the Services from time to time, which may affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our shops. 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) any credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay 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 shipping and delivery dates provided are estimates only and cannot be guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside of our control. Once we hand the products over to the shipping carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to all trademarks, service marks, text, illustrations, images, graphics, product reviews, video, and audio files, and the design, selection, and arrangement thereof, are the property of Modelinie, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Services. Except as expressly provided herein, nothing in these Terms shall be construed as conferring any license to Modelinie's, Shopify's, or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. Unauthorized use of the Services may violate applicable federal and state intellectual property laws. All rights not expressly granted herein are reserved to Modelinie.
The names, logos, product and service names, designs, and slogans of Modelinie are trademarks of Modelinie or its affiliates or licensors. You may not use such marks without the prior written permission of Modelinie. Shopify's 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
We may provide you with access to third-party tools as part of the Services, over which we neither monitor nor have any 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 any endorsement. We have no liability arising from or relating to your use of any optional third-party tools.
Any use by you of any optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and links to websites provided by third parties, including any embedded features from a third party ("Third-Party Materials"). We are not responsible for examining or evaluating the content or accuracy of any Third-Party Materials, and we do not warrant and will not have any liability or responsibility for any Third-Party Materials. If you decide to leave the Services and access Third-Party Materials, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Materials. Please review the third party's policies and practices carefully to understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Materials should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship to your shop, and should not be removed or altered].
Modelinie is powered by Shopify, which enables us to provide the Services to you. Any purchases you make through the Services will be made directly from Modelinie, and Shopify will have no responsibility or liability for any aspect of the transactions between you and Modelinie, including any injury, loss, or damage caused by any products purchased through the Services. You hereby expressly release Shopify and its affiliates from any and all liability arising from or in any way relating to your purchases from and transactions with Modelinie.

SECTION 10 – PRIVACY POLICY
Any personal information you provide to us through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read and understood these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services on our behalf, including to process your orders. Information you submit to the Services will be shared with Shopify and with third parties who may be located in countries other than where you reside, in order to help us provide the Services to you. Please review our Privacy Policy for more information on how we, Shopify, and our other partners collect, use, and share your personal information.

SECTION 11 – FEEDBACK
If, at our request, you send certain specific submissions, such as ideas, comments, or questions, or absent any request from us, you submit, upload, post, email, transmit, or otherwise provide creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, develop, appraise, and improve the Services, and to promote the Services, and to fulfill our obligations and exercise our rights under these Terms.
You further represent and warrant that: (i) you either own or otherwise control all rights to the Feedback that you post; (ii) you have disclosed any compensation, sponsorship, or incentive received in connection with your Feedback; and (iii) your Feedback is accurate and does not violate these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You represent and warrant that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further represent and warrant that your Feedback does not contain any libelous, defamatory, or otherwise unlawful, abusive, or obscene material, and that it is free from 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 email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make 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, information on or in the Services may contain 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 any information on or in the Services is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You may not access or use the Services or any part of them for any of the following purposes: (a) for any unlawful purpose or to invite performance of any illegal activity; (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 discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (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 of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "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 or enjoyment of the Services, or which, as determined by us, may harm Modelinie, 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 will affect 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) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; 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 terminate your use of the Services or any related website for violating any of the prohibited uses without prior notice.

SECTION 14 – TERMINATION
We may, in our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, for any reason, including for any breach of these Terms of Service. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination of this agreement: intellectual property, feedback, prohibited uses, 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 contained on or provided through the Services is for general informational purposes only. We make no warranties of any kind regarding the accuracy, completeness, or usefulness of this information, and 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 contents.
EXCEPT AS EXPRESSLY STATED BY Modelinie, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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 DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Modelinie, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY OR 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 USING 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Modelinie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service 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 or use of the Services.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses, provided that failure to promptly notify us of any claim shall not relieve you of your obligations hereunder except to the extent that you are materially prejudiced by such failure. We will not settle any claim requiring you to undertake any non-monetary obligation without your consent, such consent not to be unreasonably withheld. You agree to cooperate with our defense of any claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If 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
Our failure 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 of 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, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any rights or obligations hereunder without our prior written consent, and any attempted assignment without such consent will be void. We may freely assign or transfer these Terms of Service, and our rights and obligations under them, without restriction 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 country in which Modelinie's principal place of business is located, without regard to its conflict of law provisions. You and Modelinie agree to submit to the personal and exclusive jurisdiction of the courts located within that country.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current 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. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will become effective on the date indicated in the notice. Your continued use of or access to the 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 shop@modelinie.at
Our contact information is set out below:
Modelinie 
hi@modelinie.at
Alpenstraße 107, 5020, Salzburg, Austria
38916700