GENERAL TERMS AND CONDITIONS


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OVERVIEW


This website is operated by K-Group GmbH. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to K-Group GmbH. K-Group GmbH 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 website and/or purchasing something from us, you are using 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 Website, including but not limited to users who are visitors, vendors, customers, merchants and/or content creators.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, 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 added to the current shop will 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 regularly for any 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 on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow your minor dependents to use this site.

You must not use our products for any illegal or unauthorised purpose nor may you, through 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 other code of a destructive nature.

Violation or breach of any of these Terms will result in immediate cancellation of your Services.


SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your information (other than credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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 contacts on the Site through which the Service is provided, without express written permission from us.

The headings used in this Agreement are 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 the information provided on this site is not accurate, complete or current. The material on this website is for general information only and should not be relied upon or used as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance you place on the material on this website is strictly at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your guidance only. We reserve the right to change the content on this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.


SECTION 4 - CHANGES TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

Shopify 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 only be available online through the Site. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer screen will display every colour correctly.

We reserve the right, but are not obligated, to limit the sale of our products or services to any 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 products or services we offer. All product descriptions 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 any product or service made on this site is void where prohibited.

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, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You agree 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 expiry dates, so that we can complete your transactions and contact you as needed.
For more details, please read our Return Policy.

SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor, control, nor influence.

You agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We assume no liability arising from or related to your use of additional third-party tools.

Any use of additional tools provided through the Site is at your own responsibility and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the applicable third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). These new features and/or services will 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-party providers.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials, websites, or other materials, products, or services provided by third parties.

We are not liable for any damages related to the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites. Please review the policies and practices of the third-party provider carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit certain submissions (e.g., contest entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans, or other materials online, via email, postal mail, or otherwise (collectively, "Comments") without a solicitation from us, you agree that we may edit, reproduce, publish, distribute, translate, and otherwise use any Comments you submit to us at any time, without restriction, in any medium. We are not and will not be obligated to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.

We may, but are not obligated to, monitor, edit, or remove any content that we determine, in our sole discretion, to be unlawful, abusive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.

You agree that your comments will not violate the rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain libelous, defamatory, or otherwise unlawful, abusive, hateful, or obscene material, or any computer viruses or other malware that could affect the operation of the Service or any related website or application. You may not use a false email address, impersonate someone else, or mislead us or third parties as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

SECTION 10 - PERSONAL DATA

The transmission of personal data via the Shop is subject to our Privacy Policy. Please read our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our website or service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update any information or cancel any orders at any time without prior notice (including after you have placed your order), if any information related to the Service or any related website is inaccurate.

We are under no obligation to update, amend, or clarify any information with respect to the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information related to the Service or 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 activity; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon 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 will or may be used in any way to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent, or guarantee that your 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 for indefinite periods or cancel it at any time without notice to you.

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 delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, 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 case shall K-Group GmbH, 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 but not limited to lost profits, lost revenue, lost savings, lost 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless K-Group GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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

If 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 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these 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.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may 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 Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules posted by us on this Site or with respect to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, without limitation, prior versions of the Terms and Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of Georgenstraße 51, Munich, Bavaria, 80799, Germany.

SECTION 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF BUSINESS

You may 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, modify, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. By continuing to use or access our Website or the Service after we post any changes to these Terms and Conditions, you will be deemed to have accepted those changes.

SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms and Conditions should be directed to us at info@kooray-food.com.