Terms of service
OVERVIEW
Welcome to ResiForce! The terms “we”, “us”, and “our” refer to ResiForce, located at Balsaminenweg 8, 50769 Köln, Germany. ResiForce operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience for physical goods (the “Services”). ResiForce is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. These Terms are tailored to comply with German and EU consumer protection laws, including the German Civil Code (BGB) and the EU Consumer Rights Directive (2011/83/EU).
Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty disclaimers 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. If you do not agree to these Terms of Service or the 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 are at least 16 years of age, as required under German law (§ 2 BGB) for using our Services. You also confirm that you have given consent for any minor dependents under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided is correct, current, and complete, and that you have all necessary rights to provide this information, in accordance with Art. 6(1)(b) GDPR.
You are solely responsible for maintaining the security of your account credentials 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 strive to accurately represent our physical products in our online store. However, colors or product appearance may vary due to the device or settings used to access the store. We do not warrant that the appearance or quality of products will meet your expectations or match their depiction online, except as required by German law (§§ 434 ff. BGB).
Product descriptions are subject to change without notice at our discretion. We reserve the right to discontinue products or limit quantities offered to any person, region, or jurisdiction, in compliance with applicable consumer protection laws.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase, which ResiForce may accept or decline at its discretion, in line with § 145 BGB. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as cancellation may not be possible after acceptance, except as provided under the EU 14-day right of withdrawal (see our Refund Policy).
If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided. Purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent that your purchases are for personal or household use, not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions may change without notice, but the price charged will be the price in effect at the time the order is placed, as indicated in your order confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, or import charges, in accordance with § 1 PreisAngVO (German Price Indication Ordinance).
Prices in our online store may differ from those in physical stores or third-party platforms. Promotions may be governed by separate terms, which will take precedence over these Terms if there is a conflict.
You agree to provide current, complete, and accurate purchase, payment, and account information. You must promptly update your account details, including email address and payment information, to ensure we can complete transactions and contact you as needed. You warrant that: (i) your payment information is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored by your payment provider; and (iv) you will pay all applicable charges, including taxes and shipping.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays, in line with § 475b BGB. Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or external factors. Once products are transferred to the carrier, title and risk of loss pass to you, as per § 447 BGB.
For more details, see our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, images, graphics, reviews, videos, audio, and their design, selection, and arrangement, are owned by ResiForce, its affiliates, or licensors and are protected by German and EU intellectual property laws, including the German Copyright Act (UrhG) and EU trademark regulations.
You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store, or transmit any material without our prior written consent. No license or rights are granted except as expressly stated herein. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved by ResiForce.
ResiForce’s names, logos, and designs are trademarks of ResiForce or its affiliates/licensors. Shopify’s trademarks belong to Shopify. You must not use these trademarks without prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may access third-party tools through the Services, provided “as is” and “as available” without warranties or endorsements from us. Your use of these tools is at your own risk, and you should review the third-party provider’s terms. New features or tools introduced will be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may include links to third-party websites or content. We are not responsible for their accuracy or content. Accessing third-party sites is at your own risk, and you should review their policies before engaging in transactions. Complaints or questions about third-party products should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ResiForce is powered by Shopify, which enables us to provide the Services. Purchases are made directly with ResiForce, and Shopify is not responsible for any aspect of sales, including injury, damage, or loss from purchased products. You release Shopify and its affiliates from all claims related to your transactions with ResiForce.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy and, where applicable, Shopify’s Privacy Policy (see Shopify Privacy Policy). By using the Services, you acknowledge that you have read these policies. Shopify processes personal information to provide and improve the Services, and your information may be shared with Shopify or third parties, potentially outside Germany, as detailed in our Privacy Policy.
SECTION 11 - FEEDBACK
By submitting feedback, reviews, or other content, you grant ResiForce a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute it for any purpose, including commercial use. You warrant that you own or have rights to the feedback, have disclosed any compensation, and that it complies with these Terms. We may monitor, edit, or remove feedback deemed unlawful or objectionable but are not obligated to maintain confidentiality, pay compensation, or respond to feedback.
Your feedback must not violate third-party rights or contain unlawful, abusive, or malicious content. You are responsible for the accuracy of your feedback, and we assume no liability for it.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct errors or cancel orders if information is inaccurate, even after submission, in accordance with § 312j BGB. We will notify you of such changes using the contact details provided.
SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only, in compliance with German and EU laws. Prohibited uses include: (a) unlawful or malicious activities; (b) violating laws or regulations; (c) infringing intellectual property rights; (d) harassing or harming others; (e) transmitting false information; (f) sending non-compliant material; (g) sending spam or solicitations; (h) impersonating others; or (i) restricting others’ use of the Services.
You also agree not to: (a) upload malicious code; (b) reproduce or exploit the Services; (c) collect others’ personal information; (d) spam or scrape; or (e) interfere with security features. We may suspend or terminate your account for violations without notice.
SECTION 14 - TERMINATION
We may terminate your access to the Services at our discretion without notice, and you remain liable for amounts due up to the termination date. Sections such as Intellectual Property, Feedback, Privacy Policy, and others intended to survive termination will remain in effect.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” without warranties, except as required by German law (§§ 434 ff. BGB) for product conformity. We do not guarantee that the Services will be uninterrupted, secure, or error-free. Some jurisdictions, including Germany, limit warranty disclaimers, so implied warranties (e.g., fitness for purpose) may apply as per § 477 BGB.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by German law (§ 309 BGB), ResiForce, Shopify, and our affiliates, partners, and service providers are not liable for indirect, incidental, punitive, or consequential damages, including lost profits or data, arising from your use of the Services or products, except in cases of intent or gross negligence (§ 309 No. 7 BGB) or mandatory liability (e.g., product liability under the German Product Liability Act).
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless ResiForce, Shopify, and our affiliates from losses or claims due to: (1) your breach of these Terms; (2) violation of laws or third-party rights; or (3) your use of the Services. We may control the defense of indemnifiable claims at your expense, and you will cooperate fully.
SECTION 18 - SEVERABILITY
If any provision of these Terms is unlawful or unenforceable, it will be enforced to the fullest extent permitted by German law, and the remaining provisions will remain valid, as per § 306 BGB.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision does not constitute a waiver. These Terms, along with referenced policies, constitute the entire agreement between you and ResiForce, superseding prior agreements.
SECTION 20 - ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without notice, as permitted by law.
SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of Germany, excluding conflict of law provisions. Any disputes will be subject to the jurisdiction of the courts in Köln, Germany, unless mandatory consumer protection laws provide otherwise (e.g., § 29 ZPO).
SECTION 22 - HEADINGS
Headings are for convenience and do not affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms by posting changes on our website. You are responsible for checking for updates. Material changes will be notified as required by German law (§ 308 No. 5 BGB), and continued use of the Services constitutes acceptance of changes.
SECTION 24 - CONTACT INFORMATION
For questions about these Terms of Service, contact us at resiforce200@outlook.com or by mail at Balsaminenweg 8, 50769 Köln, Germany.