Terms of service

OVERVIEW
Welcome to Padel-Hype.store, the online shop of SAYM Sportswear & Apparel, Gerichtsstraße 2, 65183 Wiesbaden, Germany.  The terms "we", "us" and "our" refer to this company. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a customized shopping experience (the "Services"). The online store is based on Shopify, which enables us to provide you with the Services.

The terms and conditions below, together with the policies mentioned herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully as they contain important information about your statutory rights and cover issues such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you signify your agreement to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services. 

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are the age of majority in the state or region in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage. In order to use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You represent and represent that all information you provide in our stores is accurate, current and complete and that you are fully entitled to provide such information. You are solely responsible for the security of the login credentials for your account and for all activity on 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 display our products and services in our online stores as accurately as possible. However, we would like to point out that colors or the appearance of the products may differ from the colors displayed on your screen due to the device you use to access the store, as well as its settings and configuration. We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or be consistent with what is displayed in our online stores. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and limit the quantities of products we offer to any person, in a geographic region or within a jurisdiction on a case-by-case basis.

Section 3 – ORDERS
With your order, you are making an offer to buy. We reserve the right, in our sole discretion, to accept or reject your order for any reason. Your order will only be considered accepted after confirmation by us. The prerequisite for accepting your order is the receipt and processing of your payment. Please check your order carefully before placing it, as we may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, amend or cancel an order, we will try to inform you using the email address, billing address and/or telephone number provided when you placed the order. The return or exchange of your purchases will only be made in accordance with our right of withdrawal. You represent and represent that your purchases are for your personal use or household use and not for commercial resale or export.

SECTION 4 – PRICING AND INVOICING
Prices, discounts and special offers are subject to change without notice. The price charged for a product or service is the price in force at the time the order is placed and will be indicated in the order confirmation that you will receive by email. Unless expressly stated otherwise, prices quoted do not include taxes, shipping, handling, customs or import fees. The prices quoted in our online store may differ from the prices in brick-and-mortar stores or in online stores or other stores operated by third parties. We may, from time to time, offer promotions for the Services that may affect pricing and that are subject to different terms and conditions than these Terms. In the event of any inconsistency between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. 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 represent that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) the costs incurred by you will be covered by your credit card company, and (iv) you will pay the costs incurred by you at the prices quoted, including shipping and handling fees and any applicable taxes;  .

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for any delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed over the products to the carrier, title and risk of loss will pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, trademarks, text, representations, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are our property. They are protected by trademark, patent, copyright and other intellectual property laws. These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided herein, no provision of these Terms of Service grants you any license or other rights in any patent, trademark, copyright, or other intellectual property of us, Shopify, or any third party, nor shall any such grant be derived from these terms. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are expressly reserved by us. Our names, logos, product and service names, designs, and slogans are our trademarks, our designs, and/or our copyrighted works. You may not use these trademarks and other rights without our prior written permission from. 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
You may have access to customer tools offered by third parties as part of the Services that we cannot monitor, control or influence. 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 disclaim any liability arising out of or in connection with the use of optional third-party tools. The use of the optional tools offered through the Website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the Tools are provided by the applicable third-party service providers. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third-party providers (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access in your sole discretion. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk. We will not be liable for any damage or loss caused by your access to any third-party websites or by the purchase or use of any products, services, resources or content on any third-party websites. You should carefully review the third-party service provider's policies and procedures and make sure you understand them before making any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the applicable third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our online store is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store will be completed directly with us. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and us, including any injury, damage, or loss caused by purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising out of or related to your purchases and transactions with us.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which  can be found here. In addition, certain personal information may be subject to Shopify's Privacy Policy, which  can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy. Because 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 to you. Information you submit to the Services will be shared with Shopify, as well as third-party service providers who may be located in countries other than the country in which you reside, in order to provide the Services to you. Please see our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, suggestions, 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 medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform our obligations and exercise our rights under the Terms and Conditions. You also represent and represent that: (i) you own or fully have all necessary rights to the Feedback Content; (ii) you have disclosed any compensation or incentives you have received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay any compensation for your Feedback, or (3) respond to your Feedback. We reserve the right, but have no obligation, to monitor, edit or remove any Feedback that we deem in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms and Conditions. You represent that your Feedback does not violate any rights of any third party, including copyrights, trademark rights, privacy rights, privacy rights, or other personal or proprietary rights. You further warrant that your Feedback does not contain any defamatory or otherwise unlawful, abusive, or obscene statements, and is free of 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 another person, or otherwise mislead us or any third party as to the origin of the feedback. You are solely responsible for your feedback 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. If the information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, change or update information, or cancel orders at any time without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, state, provincial, or state regulation, regulation, statute, 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, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms and Conditions; (g) to transmit, or cause to be transmitted, any advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity, or (i) engage in any other conduct that restricts or inhibits the use of the Services or that, in our sole discretion, could harm or expose us, Shopify, or users of the Services to liability. In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way interfere with the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track personal information of others; (d) engage in spam, phishing, pharm, pretext, spider, crawl or scrape activities; 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 suspend, deactivate or close your account at any time and without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF CONTRACT
We may, in our sole discretion, terminate this Agreement or your access to the Services (or any portion thereof) at any time without notice. You will remain liable for all amounts due up to the date of termination of the contract. The following sections shall survive termination of the Agreement: 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 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you or any other visitor to the Services, or anyone who may be informed of their contents. EXCEPT AS EXPRESSLY STATED BY US, 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, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY,  OF PROPERTY AND NON-INFRINGEMENT OF RIGHTS. WE DO NOT WARRANT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION
OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE,  LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH 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, ERRORS OR OMISSIONS IN 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 us, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers harmless from any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms and Conditions Terms and Conditions or the documents to which they refer result in (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claims, provided that failure to notify you promptly will not relieve you of your obligations, unless it puts you at a significant disadvantage. We may direct the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring you to make non-monetary obligations without your consent (which shall not be unreasonably withheld). They cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY If
any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nevertheless remain in effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a determination.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all 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 and Conditions). Ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party who drafted them.

SECTION 20 – ASSIGNMENT
You may not transfer, assign or transfer this Agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations to you without consent or notice.

SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide services to you are governed by the laws of the Federal Republic of Germany. The place of jurisdiction is, as far as legally permissible, the Wiesbaden Regional Court. You agree to the jurisdiction and personal jurisdiction of such courts.

SECTION 22 – HEADINGS
The headings used in this Agreement are for convenience only and do not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the then-current version of the Terms and Conditions at any time on this page. We reserve the right, in our sole discretion, to update, change or replace portions of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact us by email at: hello@padel-hype.store

Our contact information is:

SAYM Sportswear & Apparel

Owner Sascha Makki

Gerichtsstraße 2

65185 Wiesbaden, Germany

Business number: 06414000

VAT ID: DE223648330