Terms of service
OVERVIEW
Welcome to old mate®. The terms “we”, “us” and “our” refer to old mate®.
old mate® is operated by Old Mate Enterprises (Inh. Gregory Richards), Hamburg, Germany.
old mate® 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”). old mate® 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 place 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 stores 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 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 activity that occurs under your account. 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. However, colors and product appearance may differ depending on your device and settings.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to what is displayed online.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order at our discretion. An order is not accepted until we confirm acceptance and payment has been processed.
Please review your order carefully before submitting. We may be unable to accommodate cancellation requests once an order has been accepted.
If we cancel or modify an order, we will attempt to notify you using the contact details provided.
Purchases are subject to our Returns & Refunds Policy.
You represent and warrant that purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price charged is the price shown at the time the order is placed and confirmed.
Unless otherwise stated, prices do not include shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate payment and account information and to promptly update such information as necessary.
You represent and warrant that payment details provided are valid and that you are authorized to use the payment method.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events beyond our control.
For consumers within the European Union, the risk of loss passes to you only when the goods are delivered to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including text, graphics, images, designs, logos, and trademarks, is owned by old mate® or its licensors and protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. Unauthorized use of any content is prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools which are provided “as is” and “as available” without warranties or guarantees. Use of such tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We are not responsible for the content or practices of third-party sites and encourage you to review their policies before engaging with them.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
old mate® is powered by Shopify, which provides the ecommerce platform for our Services. All sales are made directly with old mate®.
You acknowledge that Shopify is not responsible for any aspect of transactions between you and old mate® and you release Shopify from all related claims.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy, which describe how personal data is collected, processed, and shared.
SECTION 11 – FEEDBACK
Any feedback you provide may be used by us without restriction or compensation. You represent that you own or have rights to all feedback submitted.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors or omissions and to cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property rights, to harass others, to transmit malware, or to interfere with the operation of the Services.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at any time. Obligations and liabilities incurred prior to termination survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available” without warranties of any kind, except as expressly required by law.
Nothing in this section limits or excludes statutory warranty rights under applicable German or EU consumer protection law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for indirect or consequential damages arising from use of the Services or products.
This limitation does not apply to liability for intent, gross negligence, personal injury, or mandatory liability under applicable consumer protection laws.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless old mate®, Shopify, and affiliated parties from claims arising from your breach of these Terms or violation of law.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us and supersede any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign these Terms without restriction.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer residing in the European Union, nothing in these Terms limits or removes your rights under mandatory consumer protection laws of your country of residence.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. Continued use of the Services constitutes acceptance of changes.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to: hello@old-mate.xyz