OVERVIEW This website is operated by MyProScale. Throughout the site, the terms "we", "us" and "our" refer to MyProScale. MyProScale 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 ("Service Terms", "Terms"), including those additional terms 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.
You may not use our products for any illegal or unauthorized purpose, and you may not use the Service in violation of any applicable laws in your country (including, without limitation, copyright laws).
You may not transmit any worms or viruses or other code of a destructive nature.
Violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that Your Content (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to accommodate technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted 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 our express written permission.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this website is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to track any changes to our website.
SECTION 4 - CHANGES IN SERVICE AND PRICES.
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will 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 only online through the Site. These products or services may be available only in limited quantities and may be returned or exchanged only in accordance with our Refund Policy. [LINK TO REFUND POLICY].
We have made every effort to represent the colors and images of our products that appear in the store as accurately as possible. However, we cannot guarantee that the colors will display correctly on your computer screen.
We reserve the right, but have no obligation, to limit the sale of our products or services to any particular 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 we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or received by you will meet your expectations or that any errors in the Services will be corrected.
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 limits may also apply to orders placed from the same customer account or with the same credit card, and/or to orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders placed by dealers, resellers or distributors in our sole judgment.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we may complete your transactions and contact you as needed.
For more details, please refer to our Refund Policy: [LINK TO REFUND POLICY].
SECTION 7 - OPTIONAL TOOLS.
We may provide you with access to third-party tools that we do not monitor, control or have any control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We assume no liability arising out of or related to your use of the Optional Third Party Tools.
Any use of the Optional Tools provided through the Website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party providers.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain materials from third parties.
Third party links on this Website may take you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials or websites or for any other third-party materials, products or services.
We are not liable for any damages in connection with the purchase or use of goods, services, resources, content, or other transactions made in connection with third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.
If you submit certain Submissions (e.g., Contest Submissions) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without our solicitation, you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you submit to us at any time and without restriction. We are under no obligation to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.
You agree that your comments do not violate any rights of any third party, including copyrights, trademark rights, privacy rights, rights of publicity, or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that could interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or mislead us or any third party as to the origin of any Comments. You are solely responsible for the comments you submit and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Website or Service may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, 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 and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, unless required by law. No stated update or refresh date applied in the Service or on any related website should be construed as an indication that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES.
SECTION 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
We do not warrant, represent or guarantee that the 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 we may remove the Service from time to time indefinitely or discontinue the Service at any time without notice.
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 made available to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event will MyProScale, our directors, officers, 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 revenues, lost savings, loss of data, cost of replacement or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of the use of the Service or any Products procured through the Service, or for any other claim related in any way to the use of the Service or any Product, including but not limited to 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 Products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MyProScale and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' 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.
SECTION 15 - SEVERABILITY.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes.
SECTION 17 - ENTIRE AGREEMENT.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party drafting the text.
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 German law.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE.
You may review the most current version of the Terms of Service at any time on this page.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to firstname.lastname@example.org.
Our contact information is set forth below:
Chausseestrasse 18, 10115, Berlin, Germany