Terms of service
OVERVIEW
Welcome to MixMode! The terms "we", "us" and "our" refer to MixMode. MixMode 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"). MixMode is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include 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 be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 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 manage.
To use the Services, including accessing or browsing our online store or purchasing any of the 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 the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, images, dimensions, or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.
We do not warrant that the appearance of any product or service purchased by you will exactly match the images displayed on our store.
Product descriptions, specifications, availability, pricing, and other product information may be changed or updated at any time without notice at our discretion.
We reserve the right to discontinue any product at any time and may limit the quantities of products available to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. MixMode reserves the right to accept, decline, modify, or cancel an order for reasonable business purposes, including product availability, pricing errors, suspected fraud, or other circumstances.
Your order is not accepted until MixMode confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as cancellation requests may not be possible after an order has been processed or fulfilled.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
Your purchases are subject to return or refund solely in accordance with our Return & Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for unauthorized 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 will be the price displayed at the time the order is placed and will be shown in your order confirmation.
Unless otherwise stated at checkout, applicable taxes, shipping charges, or other fees may apply.
Promotions offered through our Services may have additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.
You represent and warrant that the payment information you provide is accurate, that you are authorized to use the selected payment method, and that charges incurred by you will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
We currently ship products to customers in the United States according to the shipping options available at checkout.
Shipping and delivery times shown on our store are estimates and are not guaranteed delivery dates.
Processing and transit times may vary depending on the product, fulfillment process, carrier, destination, holidays, weather, customs, and other circumstances outside our reasonable control.
We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information provided by the customer, or other events outside our reasonable control.
Tracking information may be provided when available.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, brand name, text, displays, images, graphics, product information, videos, audio, and the design and arrangement of the Services, are owned by MixMode, its affiliates, licensors, or applicable third parties and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except where permitted by applicable law.
MixMode's names, logos, product and service names, designs, and slogans are trademarks of MixMode or their respective owners. You must not use these trademarks without prior written permission.
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 displayed through the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools or services as part of the Services.
We do not necessarily monitor, control, or have input into these third-party tools.
You acknowledge and agree that third-party tools may be provided on an "as is" and "as available" basis without warranties, representations, or conditions of any kind, unless otherwise required by applicable law.
Your use of optional third-party tools is at your own discretion, and you should review the applicable terms and policies of the third-party provider.
We may introduce new features, tools, or resources through the Services in the future. Any new features will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites or services provided or operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party websites or services.
If you choose to access third-party websites or services, you do so at your own risk.
We are not responsible for losses or damages arising from your access to or use of third-party websites, products, services, resources, or content, except where liability cannot legally be excluded.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
MixMode is powered by Shopify, which enables us to provide the Services to you.
Any sales and purchases made through our store are transactions between you and MixMode.
By using the Services, you acknowledge that Shopify is not responsible for the products sold by MixMode or for the transactions between you and MixMode.
Nothing in these Terms limits any rights or remedies that cannot legally be excluded.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
By using the Services, you acknowledge that you have reviewed our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of the Services in order to provide and improve its services.
Information submitted through our store may be processed or shared with Shopify and other service providers as necessary to operate the store, process payments, fulfill orders, provide customer support, and perform other services.
Please review our Privacy Policy for additional information about how personal information is collected and used.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us ("Feedback"), you grant MixMode a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, improving, and promoting our Services, subject to applicable law.
You represent and warrant that you own or have the necessary rights to any Feedback you submit and that your Feedback does not violate the rights of any third party or applicable law.
We may, but are not required to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, misleading, or otherwise inappropriate or that violates these Terms.
You remain responsible for the Feedback you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable law, regulation, or local ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, intimidate, or threaten any person;
(e) to transmit false or misleading information;
(f) to upload or transmit malicious code, viruses, or other harmful material;
(g) to send spam, phishing messages, chain letters, or similar unauthorized communications;
(h) to impersonate another person or entity;
(i) to interfere with or restrict another person's use of the Services;
(j) to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without authorization;
(k) to collect or track personal information of others unlawfully;
(l) to use automated systems, scraping tools, robots, spiders, or similar methods to access or extract information from the Services without authorization; or
(m) to interfere with, bypass, or circumvent security or authorization features of the Services.
We reserve the right to suspend or terminate access to the Services if we reasonably believe that you have violated these Terms or applicable law.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of or at the instruction of a person or entity.
14.2 No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
14.4 Agents must not conceal or misrepresent that their interactions with the Services are automated and must not circumvent security measures, CAPTCHAs, or other controls intended to regulate access to the Services.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services if you violate these Terms or applicable law, or where otherwise permitted by law.
You remain responsible for any amounts owed to MixMode up to the effective date of termination.
The following sections will continue to apply following termination to the extent applicable: Intellectual Property, Feedback, Termination, 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 16 - DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes.
To the fullest extent permitted by applicable law, we do not guarantee that the information provided through the Services will always be accurate, complete, current, or error-free.
EXCEPT AS EXPRESSLY STATED BY MIXMODE OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow certain warranty exclusions, so some of the above limitations may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIXMODE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
THIS MAY INCLUDE LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR LOSSES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless MixMode, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable expenses arising from:
(1) your breach of these Terms;
(2) your violation of applicable law or the rights of a third party; or
(3) your misuse of the Services.
We will provide reasonable notice of an applicable claim where required.
You agree to reasonably cooperate in the defense of such claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the remaining provisions will remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with our policies and other rules posted on the Services, constitute the entire agreement between you and MixMode regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the Services.
Any ambiguity in these Terms will be interpreted in accordance with applicable law.
SECTION 21 - ASSIGNMENT
You may not transfer, delegate, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, except where such restriction is not permitted by applicable law.
We may assign or transfer these Terms and our rights and obligations where permitted by law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services shall be governed by the laws applicable in Germany, without regard to conflict-of-law principles.
Any disputes shall be subject to the jurisdiction of the courts that have legal authority over MixMode's place of business, subject to any mandatory consumer protection rights or jurisdictional rules that apply to you.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.
SECTION 24 - 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, to the extent permitted by applicable law, 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 material changes where required by applicable law.
Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Our contact information is:
MixMode
mixmode94@gmail.com
Clamecystrasse 26
63571 Gelnhausen
Germany