Terms of service

OVERVIEW

Welcome to alwinox.at! The terms “we”, “us” and “our” refer to Alwinox.
This shop and website – including all related information, content, features, tools, products, and services – are operated by Alwinox Metall & Glass GmbH to provide you, as a customer, with a personalized shopping experience (the “Services”).
Alwinox operates with the support of the Shopify system, which enables us to provide you with these Services. 

The following Terms and Conditions, together with all policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using our Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty exclusions 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 – Privacy Policy – Alwinox.
If you do not agree to these Terms of Service or our 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 have reached the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, have purchased, or manage.

To use the Services – including accessing or browsing our online stores or purchasing any products or services offered by us – we may ask you to provide certain information such as your email address, 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 have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your login credentials and for all activity 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 in our online stores.
However, please note that colors or the appearance of a product may differ from what is displayed on your screen, depending on the type of device you use to access the store and your device’s settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to the appearance or quality of products or services shown or offered in our online stores.

All product descriptions may be changed at any time without prior notice, at our sole discretion.
We reserve the right to discontinue any product at any time and, in certain cases, to limit the quantity of any product offered to any person, geographical area, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase.
Alwinox reserves the right to accept or reject your order at its sole discretion for any reason.
Your order is not accepted until Alwinox confirms receipt of it.
Before accepting your order, we must receive and process your payment.

Please review your order carefully before submitting it, as Alwinox may not be able to accommodate cancellation requests once an order has been accepted.
If your order is not accepted, modified, or canceled, we will attempt to notify you via the email address, billing address, and/or telephone number provided at the time of order. 

Your purchases can be returned or exchanged only in accordance with our Return Policy – Right of Withdrawal – Alwinox. 

You represent and warrant that your purchases are intended for your personal or household use and not for further commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior 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 stated in the order confirmation email.
Unless expressly stated otherwise, the listed prices do not include taxes, shipping, handling, customs, or import duties.

Prices listed in our online stores may differ from those offered in physical stores or in online or other shops operated by third parties.
From time to time, we may offer promotional campaigns that may affect pricing and are governed by terms and conditions independent of these Terms.
In the event of a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate information about your purchase, payment, and account.
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 duly authorized to use such credit card for the purchase,
(iii) charges incurred by you will be honored by the credit card company that issued the card, and
(iv) you will pay all charges incurred at the posted prices, including applicable shipping and handling fees and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays.
All 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 the products are handed over to the carrier, ownership and the risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services – including, but not limited to, trademarks, logos, text, designs, images, graphics, product reviews, video and audio content, as well as their layout, selection, and arrangement – are the property of Alwinox, its affiliates, or licensors and are protected by national and international patent, copyright, and other intellectual property laws. 

These Terms permit you to use the Services solely for personal, non-commercial purposes.
Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material within the Services.

Except as expressly stated in this document, no provision of these Terms shall be construed as granting you a license or any other right under any patent, trademark, copyright, or other intellectual property of Alwinox, Shopify, or any third party.
Unauthorized use of the Services may violate national or international intellectual property laws.
All rights not expressly granted herein are reserved by Alwinox. 

The names Alwinox, the logos, product and service names, designs, and slogans are trademarks of Alwinox or its affiliates or licensors.
Such trademarks may not be used without the prior written consent of Alwinox.
The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify.
All other names, logos, product and service names, designs, and slogans appearing in the Services are the property of their respective owners. 

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be provided access to customer tools offered by third parties, which we neither monitor nor control nor commission.

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 agree to the terms under which the relevant third parties provide such tools.

In the future, we may offer new features through the Services (including the release of new tools and resources).
Such new features shall also be 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 embedded third-party features).
We are not responsible for examining or evaluating the content or accuracy of any materials or websites belonging to third parties that you choose to visit.
If you choose to leave the Services and access such materials or third-party websites, you do so at your own risk.

We are not liable for any damages or losses related to your access to third-party websites or your purchase or use of any products, services, resources, or content from such websites.
Please read the third party’s policies and procedures carefully and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Alwinox operates with the support of the Shopify system, which enables us to provide the Services to you.
However, any sales and purchases you make in our store are made directly with Alwinox.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Alwinox, including any injury, damage, or loss arising from the products and services purchased.

You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of your purchases and transactions with Alwinox. 

SECTION 10 – PRIVACY POLICY

All personal data collected through the Services are subject to our Privacy Policy, which you can view here: Privacy Policy – Alwinox.
Certain personal data may also be subject to the Shopify Privacy Policy, which you can view here.
By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve them for you.
Information you submit through the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than your country of residence, so that the Services can be provided to you.

Please read our Privacy Policy for further details on how we, Shopify, and our partners use your personal data. 

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, 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 media and for any purpose, including commercial use.
We may exercise the rights granted under this license, for example, to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and enforce our rights under these Terms of Service.

You further represent and warrant that:
(i) you own or otherwise control all the rights to the Feedback;
(ii) you have disclosed any rewards or incentives received in connection with submitting the Feedback; and
(iii) your Feedback complies with these Terms.

We are not and shall not be obligated to:
(1) maintain the confidentiality of your Feedback;
(2) compensate you for your Feedback; or
(3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy, or personality rights, or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malicious software that could in any way affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback.
You are solely responsible for any Feedback you provide and for its accuracy.
We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information within or as part of the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or 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 found to be inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.
You are prohibited from using the Services, directly or indirectly:

(a) for any unlawful or fraudulent purpose;
(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 against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of any advertising or promotional materials, including any “junk mail,” “chain letter,” “spam,” or other solicitation;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Alwinox, 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 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) spam, phish, pharm, pretext, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

If we determine that you have violated any part of these Terms, we reserve the right to suspend, deactivate, or terminate your account at any time without prior notice.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without prior notice.
You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented within or through the Services is provided solely for general informational 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.
We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may become aware of their content.

EXCEPT AS EXPRESSLY PROVIDED BY ALWINOX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER 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.

Some jurisdictions do not allow the exclusion of implied or other warranties, so the above exclusions may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALWINOX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS – AS WELL AS THE RESPECTIVE PERSONNEL OF SHOPIFY AND ITS AFFILIATES – SHALL NOT 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 any products procured through the Services, or for any other claim related in any way to your use of the Services or any product.

This also includes, without limitation, 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 through the Services, even if advised of the possibility of such damages.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Alwinox, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, suppliers, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of:

(1) your breach of these Terms of Service or of the documents incorporated herein 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 will notify you of any indemnification claims; failure to provide prompt notice will not relieve you of your obligations unless you suffer substantial prejudice as a result.

We may, at your expense, assume the defense and settlement of such claims, including the selection of counsel; however, we will not settle any claim without your consent if it imposes non-monetary obligations on you (and such consent shall not be unreasonably withheld).

You agree to cooperate in the defense of any indemnification claims, 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 nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

If we fail to exercise or enforce any right or provision of these Terms of Service, such failure shall not constitute a waiver of that 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.
They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including 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 delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent.
Any such attempt will be null and void.

We may transfer, assign, or delegate these Terms, as well as our rights and obligations under them, without your consent or prior notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Alwinox is headquartered.

You and Alwinox agree to the venue and personal jurisdiction of the courts located in that jurisdiction.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall 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 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 on 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, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to office@alwinox.at

Our contact details are as follows:
Alwinox Metall & Glass GmbH
office@alwinox.at
Kaffeeweg 6, 1230 Vienna, Austria
Tel.: +43 664 1507976
VAT ID: ATU82351517