Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Atolio Vegas, owner Birhat Shahin, Sutthauser Str. 206, 49080 Osnabrück, Germany. Throughout the site, the terms "we", "us" and "our" refer to Atolio Vegas. Atolio Vegas offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. A price change does not affect an order we have already accepted.

We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund policy. Nothing in these Terms affects your statutory rights under applicable consumer law, including the 14 day right of withdrawal for consumers in the European Union.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Your statutory warranty rights are not affected by this.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider.

We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and services shall also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

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 websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content 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.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy policy, which you can find in the footer of this website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order. If a correction affects an order you have already placed, you may cancel that order and you receive a full refund of any amount already paid.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided "as is" and "as available" 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.

Nothing in these Terms limits or excludes our liability for damages resulting from injury to life, body or health, for damages caused intentionally or by gross negligence, for damages resulting from the breach of an essential contractual obligation, for the absence of a characteristic we have guaranteed, or under the German Product Liability Act. In the case of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Your statutory warranty rights remain unaffected in every case.

Subject to the paragraph above, and to the extent permitted by the law applicable to you, in no case shall Atolio Vegas, its owner, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Atolio Vegas, its owner, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. This applies only to the extent that you are responsible for the claim.

SECTION 15 - 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 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our reasonable judgment you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time. You will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our Services or any part of them.

SECTION 17 - 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, 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 18 - 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 Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another country, this choice of law does not deprive you of the protection granted to you by the mandatory consumer protection provisions of the law of that country.

SECTION 19 - HOW A CONTRACT IS FORMED

The presentation of products in our online store is not a binding offer. It is an invitation to you to place an order.

By clicking the order button at the end of the checkout, you place a binding order for the products in your cart.

We confirm receipt of your order by email immediately after it is placed. This confirmation of receipt is not yet an acceptance of your order. The purchase contract is concluded when we send you a separate shipping confirmation, or when we dispatch the goods, whichever happens first. If you pay by a method that charges you at the time of ordering, such as PayPal, credit card, Klarna or Apple Pay, the contract is concluded at the moment your payment is initiated.

If we cannot accept your order, for example because an item is no longer available, we inform you without delay and refund any amount already paid in full.

The contract language is English. We store the text of the contract and send you the order details by email. You can also view past orders in your customer account.

SECTION 20 - PRICES, PAYMENT AND RETENTION OF TITLE

All prices shown in our store are final prices and include the statutory value added tax where applicable. Shipping costs are shown separately in the cart and at checkout before you complete your order.

The payment methods available to you are displayed at checkout. Payment is due at the time the order is placed unless a different arrangement is shown for the payment method you select.

The goods remain our property until they have been paid for in full.

SECTION 21 - DELIVERY, SHIPPING AND TRANSFER OF RISK

We ship worldwide. We may be unable to ship to certain countries or regions because of legal, logistical or carrier restrictions. If you place an order for a destination we cannot serve, we inform you and refund the order in full.

Delivery times shown on the product page and in our Shipping policy are estimates and start on the day after the contract is concluded, or after the payment order in the case of advance payment.

If you are a consumer, the risk of accidental loss or damage to the goods passes to you when the goods are handed over to you. This applies regardless of whether the shipment is insured. If you are not a consumer, the risk passes to the carrier.

You are responsible for entering a complete and correct delivery address at checkout.

SECTION 22 - UNCOLLECTED AND UNDELIVERABLE PARCELS

If a parcel cannot be delivered and is not collected from the pick up point within the period set by the carrier, it is returned to us. If the return is caused by an incorrect address you provided, or by your failure to respond to a delivery or collection notice, we may charge you the return shipping costs we actually incurred. You are always free to prove that we incurred no costs or lower costs.

This does not apply if you have exercised your right of withdrawal by refusing acceptance of the parcel.

SECTION 23 - CUSTOMS, IMPORT DUTIES AND TAXES

For deliveries outside the European Union, customs duties, import taxes and handling fees may apply. Where our checkout states that duties and taxes are included, we cover these charges for you. Where the checkout does not state this, any such charges are payable by you to the carrier or the customs authority of the destination country. Please check the rules of your country before you order.

If you refuse to pay import charges and the parcel is returned to us, Section 22 applies.

SECTION 24 - RIGHT OF WITHDRAWAL, RETURNS AND WARRANTY

Consumers resident in the European Union, the European Economic Area, the United Kingdom and Turkey have a statutory right of withdrawal of 14 days. The full withdrawal instructions, the conditions and the model withdrawal form are set out in our Refund policy. Returns, exchanges and refunds for all other countries are governed by the same policy.

The right of withdrawal does not apply to goods that are made to your specification or are clearly personalised, which includes any item we engrave for you.

The statutory warranty applies to all our products. In addition, we grant a voluntary guarantee, the terms of which are set out on our Warranty page. This voluntary guarantee does not limit your statutory rights, which remain free of charge.

SECTION 25 - PROMOTIONS, DISCOUNT CODES AND BUNDLE OFFERS

Discount codes and promotions are valid only for the period stated and only while stocks last. Unless we state otherwise, discount codes cannot be combined with each other or with a bundle offer.

In a three for two offer, add three products to your cart and the cheapest of them is free. If you add more than three products, the discount applies to the cheapest item in each group of three. Watches are excluded from being the free item.

If you return one item from a three for two order and keep the others, the refund is the price you paid for the returned item minus the value of the free item. If you return the entire order, you receive the full amount you paid back. Your statutory right of withdrawal is not affected by this.

SECTION 26 - PRE-ORDERS

Products marked as pre-order are not yet in stock. The expected dispatch date is stated on the product page and is an estimate that can change.

Orders that contain both in stock items and pre-order items are shipped together once all items are available. Place separate orders if you want the in stock items sooner.

Payment for pre-orders is taken at the time of ordering. Your statutory right to withdraw from the contract and to receive a full refund is not affected.

SECTION 27 - CURRENCY

Transactions are processed in the currency you select at checkout. Where a refund is converted back by your bank or payment provider, differences caused by exchange rate movements or bank fees are outside our control. We refund the amount we received in the currency in which we received it.

SECTION 28 - BATTERIES AND ELECTRONICS

Some of our watches contain batteries. Batteries must not be disposed of with household waste. You are legally obliged to return used batteries. You can return them free of charge at any municipal collection point, at any shop that sells batteries, or to us at the address given below. Batteries containing harmful substances carry a crossed out wheeled bin symbol together with the chemical symbol of the metal that determines the classification, Cd for cadmium, Hg for mercury and Pb for lead.

Our watches are also electrical equipment and must not be disposed of with unsorted household waste. There is a separate collection system for waste electrical and electronic equipment. You can hand in used electrical devices free of charge at your municipal collection point, or return them to us at the address given below. Correct disposal ensures proper recycling and reuse, helps to avoid harm to the environment and human health, and preserves natural resources. For further information, contact your local waste authorities.

SECTION 29 - DISPUTE RESOLUTION

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

SECTION 30 - 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 website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Changes do not apply retroactively to orders already placed.

SECTION 31 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@atoliovegas.de.

Atolio Vegas, owner Birhat Shahin, Sutthauser Str. 206, 49080 Osnabrück, Germany. VAT ID: DE362859742. Email: support@atoliovegas.de. Phone: 015510572574.