Terms of service
OVERVIEW Welcome to the LinumIQ Shop! The terms "we", "us" and "our" refer to LinumIQ e.U.. LinumIQ e.U. operates this shop and website, including all information, content, features, tools, products, and services provided to you, the customer, to deliver a personalized shopping experience (the "Services"). The LinumIQ Shop is based on Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with the policies referred to herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully as they contain important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree 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 at least the age of majority in your state, province, or region of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage. To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide this information. You are solely responsible for the security of your account login credentials and for all activities that occur 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 display our products and services in our online shops as accurately as possible. However, please note that colors or the appearance of products may vary from the colors displayed on your screen due to the device you use to access the shop and 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 match the representations in our online shops. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS By placing an order, you are making an offer to purchase. LinumIQ e.U. reserves the right to accept or decline your order at its sole discretion for any reason. Your order is only considered accepted upon confirmation by LinumIQ e.U.. Acceptance of your order is subject to the receipt and processing of your payment. Please review your order carefully before submitting it, as LinumIQ e.U. may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time the order was made. Returns or exchanges of your purchases are made exclusively in accordance with our Right of Withdrawal. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING Prices, discounts, and promotional offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email you receive. All stated prices are final prices including statutory value-added tax (VAT) and excluding applicable shipping costs. The prices listed in our online shops may differ from the prices in physical stores or in online shops or other stores operated by third parties. We may occasionally offer promotions for the Services that may affect pricing and are subject to different terms and conditions than these Terms. In the event of a conflict between the terms of a promotion and these Terms and Conditions, the promotion terms will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. 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 supply 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 your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all 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 delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you once we have handed the products over to the shipping carrier.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all brands, trademarks, texts, displays, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are the property of LinumIQ e.U., its affiliates, or licensors and are protected by US and international patent, copyright, and other intellectual property laws. These Terms and Conditions permit you to use the Services for your personal, non-commercial use only. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. Unless explicitly stated herein, no provision of these Terms and Conditions grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of LinumIQ e.U., Shopify, or third parties, nor can such a grant be inferred from these provisions. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by LinumIQ e.U.. The names, logos, product and service names, designs, and slogans of LinumIQ e.U. are trademarks of LinumIQ e.U. or its affiliates or licensors. You must not use such marks without the prior written permission of LinumIQ e.U.. The Shopify 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 We may provide you with access to third-party tools as part of the Services, 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. You are responsible for ensuring that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be 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 parties (including all embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk. 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 and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY The LinumIQ Shop is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are concluded directly with LinumIQ e.U.. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and LinumIQ e.U., including injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or related to your purchases and transactions with LinumIQ e.U..
SECTION 10 - PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed 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 to provide and improve the Services for you. Data you submit to the Services will be shared with Shopify as well as third-party providers, who may be located in countries other than your country of residence, in order to provide the Services to you. You can find more information about how we, Shopify, and our partners use your personal data in our Privacy Policy.
SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, 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 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, fulfill our obligations, and exercise our rights under the Terms and Conditions. You further represent and warrant that: (i) you own or have the necessary rights to all Feedback content; (ii) you have disclosed any compensation or incentive you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We reserve the right, but have no obligation, to monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms and Conditions. You represent that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further represent that your Feedback 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 Services 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 Feedback. You are solely responsible for any Feedback you make 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 there may be information on our Services 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 Services is inaccurate at any time 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 must not use the Services, either directly or indirectly: (a) for any unlawful or malicious 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 send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail", 'chain letters', "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm LinumIQ e.U., Shopify, or users of the Services, or expose them to liability. Furthermore, you agree not to: (a) 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 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, spider, crawl, or scrape; 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 terminate your account at any time without notice if we determine that you have violated any of the prohibited uses.
SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services (or parts thereof) at any time without notice at our sole discretion. In such an event, you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any 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 all other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information 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 and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY LinumIQ e.U., 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, EITHER 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 OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED 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 LinumIQ e.U., 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, 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 USING 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, 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless LinumIQ e.U., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (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 claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby. We may assume control of the defense and settlement of such claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which must not be unreasonably withheld). You agree to cooperate in the defense of any such claims, including providing relevant documents.
SECTION 18 - SEVERABILITY In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
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 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 and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT You may not assign, transfer, or delegate this agreement or 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 assign, transfer, or delegate these Terms and Conditions and our rights and obligations without your consent or notice to you.
SECTION 21 - GOVERNING LAW These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts of the country where LinumIQ e.U. has its principal place of business. You and LinumIQ e.U. consent to the jurisdiction and venue of these courts.
SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
SECTION 23 - PAYMENT TERMS We accept the following payment methods:
- Shop Pay, Apple Pay, Google Pay
- Credit and debit cards from MasterCard, Visa, and Maestro
- Bank transfer / SEPA (manual payment)
- Bancontact (Belgium)
- EPS (Austria)
- iDEAL | Wero (Netherlands)
The invoice amount is due immediately upon completion of the order. When paying by bank transfer, the amount must be transferred to the specified account within 14 working days. The order will only be processed after receipt of payment.
There are no additional processing fees for using the offered payment methods.
In the event of late payment, we reserve the right to cancel the order.
SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to 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. Such changes will be effective as of the date specified in the notice. Your continued use of or access to our website or the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at shop@linumiq.com.
Our contact information is posted below:
LinumIQ e.U.
shop@linumiq.com
Anton-Kleinoscheg-Straße 64c/4
8051 Graz
Austria
+43 720 971 722
Company Register Entry (Firmenbuch-Eintrag): 644258p
VAT ID (UID): ATU81602204