Terms of service

OVERVIEW
This website is operated by Cologne Watch. Throughout the website, the terms “we”, “us” and “our” refer to Cologne Watch. Cologne Watch offers you, the user, this website, including all information, tools and services available from this website, conditioned upon your acceptance of all terms, 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 (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation browsers, vendors, customers, merchants and/or content providers. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms and Conditions. If you do not agree to all terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Any new features or tools that are added to the current store shall also be subject 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 to update, change or replace any part of these Terms and Conditions 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 shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 – ONLINE SHOP TERMS
By agreeing to these Terms and Conditions, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow your minor dependents to use this website.
You must not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach of or failure to comply with any of the terms will result in an immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission 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 included for convenience only and shall not limit or otherwise affect these terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The prices of 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 are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuation of the service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be available only in limited quantities and may be returned or exchanged only in accordance with our refund policy: https://www.colognewatch.de/policies/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to restrict the sale of our products or services to certain persons, geographic regions, or jurisdictions. 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 product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offers for any product or service made on this website are void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service 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, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or the same credit card and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we will attempt to notify you, where applicable, by email and/or via the billing address/telephone number you provided when placing the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You undertake to provide current, complete, and accurate purchase and account information for all purchases made in our shop. 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 can complete your transactions and contact you as needed.

For further details, please refer to our refund policy: https://www.colognewatch.de/policies/refund-policy

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control nor have any influence over.
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 assume no liability whatsoever arising from or relating to your use of optional third-party tools.
Use of the optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third-party providers. We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
Through third-party links on this site, you may be redirected to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, and we make no warranty and assume no liability for 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 in connection with third-party websites. Please carefully review the third party’s policies and practices and ensure that you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed directly to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, in response to our request, you submit certain submissions (for example, contest entries) or, without such a request, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively “Comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any Comments you transmit to us at any time without restriction in any medium. We are and shall remain under no obligation to (1) treat any Comments as confidential, (2) pay compensation for any Comments, or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory 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 Service 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 comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL DATA
Your submission of personal data through the shop is subject to our Privacy Policy, which you can view here: https://www.colognewatch.de/policies/privacy-policy

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, 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 Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We assume no obligation to update, amend, or clarify information in the Service or on any related websites, including, without limitation, pricing information, except as required by law. An update or refresh date indicated in the Service or on any related website should not be understood as indicating that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for prohibited use in violation of the Terms of Use.

SECTION 13 – DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for indefinite periods or terminate the Service at any time without notice to you.
You expressly agree that your use of the Service, or your inability to use the Service, is solely at your own risk. The Service and all products and services provided to you through the Service are provided (unless we expressly state otherwise) “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.
In no event shall Cologne Watch, 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 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 the Service or any products procured via the Service, or for any other claim in any way related to your use of the Service or any product, including, without limitation, any 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 product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not permit 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 Cologne Watch and our parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims and demands made by third parties, including reasonable attorneys’ fees, arising from your breach of these Terms of Service or the documents referenced in these Terms of Service, or from your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY CLAUSE
Should any provision of these General Terms and Conditions be found to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted under applicable law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. Any such determination shall not affect the validity and enforceability of all other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall remain in effect for all purposes even after termination of this Agreement.
These General Terms and Conditions remain in effect until terminated by you or us. You may terminate these General Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
In addition, if, in our sole discretion, you breach any term or provision of these General Terms and Conditions, or we suspect that you have breached any term or provision of these General Terms and Conditions, we may terminate this agreement at any time without notice. In such case, you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions and any policies or operating rules posted by us on this site 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 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 General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed to the detriment of the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you services are governed by the laws of Germany.

SECTION 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can view the most current version of the General Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace parts of these General Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the service after the posting of changes to these General Terms and Conditions constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Please address questions regarding the General Terms and Conditions to us at info@colognewatch.de.
You can find our contact information here:

Cw Cologne Watch GmbH
info@colognewatch.de
Benesisstr 24-32, 50672 Cologne, Germany
+49 (0) 221 270 988 18
Entry in the court register: Local Court of Cologne – Registration number: HRB 91536
VAT identification number pursuant to §27a of the German VAT Act: DE314407611