Terms of service

OVERVIEW
Welcome to SichtXpert! The terms "we," "us," and "our" refer to SichtXpert. SichtXpert operates this shop and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). SichtXpert is based on Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referenced herein (these "General 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 legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. 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 declare that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
In order to use the services, including accessing or browsing our online shops or purchasing products or services that we offer, you may be required to provide certain information, such as your email address as well as 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 such information.
You alone are responsible for the security of your account credentials and for all activities 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 present our products and services in our online shops as accurately as possible. However, we would like to point out that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to remove products from the assortment at any time and to limit the quantities of products we offer to any person, in any geographic region, or within any jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing your order, you are making an offer to purchase. SichtXpert reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once it has been confirmed by SichtXpert. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting, as SichtXpert may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or telephone number provided with the order.
The return or exchange of your purchases is carried out exclusively in accordance with our right of withdrawal [LINK].
You warrant and represent that your purchases are intended for your personal use or for use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price valid at the time of the order and will be specified in the order confirmation you receive by email. Unless expressly stated otherwise, the prices indicated do not include taxes, shipping, handling, customs, or import fees.
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. From time to time, we may offer promotions for the services that may affect pricing and are subject to terms and conditions different from 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 at 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 warrant that (i) the credit card information you have provided is truthful, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling fees 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 providers, customs clearance, or events beyond our control. Once we have handed the products over to the shipping provider, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our services, including but not limited to all brands, trademarks, texts, illustrations, images, graphics, product reviews, video and audio files as well as their design, selection, and arrangement, are the property of SichtXpert, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of SichtXpert, Shopify, or third parties, nor may any such grant be implied from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SichtXpert.
The names, logos, product and service names, designs, and slogans of SichtXpert are trademarks of SichtXpert or its affiliates or licensors. You may not use these trademarks without the prior written consent of SichtXpert. The name, logo, product and service names, designs, and slogans of Shopify 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 gain access to customer tools offered by third parties as part of the Services, which we neither monitor, control, nor influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to 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 respective third-party providers.
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will 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 any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites of third parties, which you access at your own discretion. If you choose 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 damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure that you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP TO SHOPIFY
[NOTE FOR MERCHANTS: This section accurately characterizes the relationship between Shopify and your store and should not be removed or altered].
SichtXpert is operated by Shopify, which enables us to provide you with the services. However, all sales and purchases you make in our shop are concluded directly with SichtXpert. By using the services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and SichtXpert, including injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising from or related to your purchases and transactions with SichtXpert.

SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, certain personal data may be subject to Shopify's Privacy Policy, which here can be viewed. By using the services, you confirm that you have read these privacy policies.
Since Shopify's services are hosted, Shopify collects and processes personal data about your access to and use of the services in order to provide and improve the services for you. Data that you submit to the services is shared with Shopify as well as with third-party providers, who may be located in countries other than the country in which you reside, in order to provide the services for you. For more information about how we, Shopify, and our partners use your personal data, please refer to our privacy policy [LINK].

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "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 exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, to fulfill our obligations, and to exercise our rights under the Terms and Conditions.
You also represent and warrant that: (i) you are the owner of all feedback content or have full rights to it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your feedback; and (iii) your feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay any compensation for your feedback, or (3) respond to your feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we, at our sole discretion, consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions.
You warrant that your feedback does not infringe upon the rights of third parties, including copyrights, trademark rights, privacy rights, personality rights, or any other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free from 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 any person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, durations, and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders 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 may not access or use the Services, either directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate 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 injure 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 other natural or legal person; 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, could harm SichtXpert, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree to refrain from the following: (a) uploading or transmitting viruses or any other type of malicious code that may in any way affect the functionality or operation of the Services; (b) reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfering with or circumventing 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 and without prior notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or parts thereof) at our sole discretion at any time without prior notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall remain in effect even after the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability Clause, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTY
The information presented in or through the Services is provided solely for general informational purposes. We make no guarantee as to 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
UNLESS EXPRESSLY STATED BY SichtXpert, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE 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 EXTENT PERMITTED BY LAW, SichtXpert, OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS 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 PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SichtXpert, 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, to be paid to third parties and arising from (1) your breach of these Terms and Conditions or the documents referenced herein, (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 all indemnifiable claims, provided that a failure to provide prompt notice does not release you from your obligations unless you are thereby materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the selection of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE
Should any provision of these General Terms and Conditions be found to be unlawful, void, or unenforceable, that provision shall nevertheless remain effective to the greatest extent permitted by law, and the unenforceable part shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such determination.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure 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, prior versions of the Terms and Conditions).
Ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the party that drafted them.

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 is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – APPLICABLE LAW
These Terms and Conditions and any separate agreements under which we provide you with services are subject to and shall be interpreted in accordance with the federal and state or territorial courts of the country in which SichtXpert has its principal place of business. You and SichtXpert agree to the jurisdiction and personal authority of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these Terms and Conditions.

SECTION 23 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
You can view the current version of the General Terms and Conditions on this page at any time.
We reserve the right to update, modify, or replace parts of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to regularly check our website for changes. We will inform 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. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you indicate your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions regarding the General Terms and Conditions, please contact celestamshop@gmail.com.
Our contact information is listed below:
SichtXpert
celestamshop@gmail.com
Joseph-Oertgen-Weg 5, 45327 Essen, Germany
+49 15774263036