Terms of Service
Terms of Service
OVERVIEW
Welcome to ATMOSE! Throughout the site, the terms “we”, “us” and “our” refer to ATMOSE. ATMOSE operates this shop and website, including all information, content, features, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the “Services”). ATMOSE is powered by Shopify, which enables us to provide these Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully before accessing or using our website. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. 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.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
To use the Services, including accessing our online shops or purchasing products, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, or assign your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate, as appearance may vary based on your device settings and configuration.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. ATMOSE reserves the right to accept or decline your order at our sole discretion for any reason. An order is only considered accepted once confirmed by ATMOSE. Acceptance is conditional upon the receipt and processing of your payment. Please review your order carefully before submission, as cancellation requests may not be honored after acceptance. If we change or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time the order was made.
Returns or exchanges are handled exclusively in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless stated otherwise, prices do not include taxes, shipping, handling, duties, or import fees.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for any delays in shipping or delivery. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, text, images, graphics, product reviews, video and audio files, and their design and arrangement, are the property of ATMOSE, its affiliates, or licensors, and are protected by international patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or republish any material from our Services without our prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor 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 of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. 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 accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE: This section accurately characterizes Shopify's relationship to your store and should not be removed].
ATMOSE is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are concluded directly with ATMOSE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and ATMOSE. You hereby release Shopify and its affiliates from all liability for any claims or damages arising from your transactions with ATMOSE.
SECTION 10 – PRIVACY POLICY
All personal data collected via the Services is subject to our Privacy Policy, which can be viewed here [LINK]. By using the Services, you acknowledge that you have read these privacy statements.
SECTION 11 – FEEDBACK
If you submit ideas, reviews, or suggestions (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, modify, publish, and distribute such Feedback for any purpose, including commercial use. We are under no obligation to maintain any Feedback in confidence or to pay compensation for any Feedback.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 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 discriminate; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES 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.
SECTION 16 – LIMITATION OF LIABILITY
IN NO CASE SHALL ATMOSE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ATMOSE and Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, and service providers, 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.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which ATMOSE is headquartered.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
SECTION 24 – CONTACT INFORMATION
Our contact information is as follows:
Email: info@atmosecargobike.com
Warehouse Address: Walter-Gropius-Straße 19b, 50126 Bergheim, Germany
Showroom Address: GermanXia Mobility GmbH, Donatusstr. 119, 50259 Pulheim, Germany
Welcome to ATMOSE! Throughout the site, the terms “we”, “us” and “our” refer to ATMOSE. ATMOSE operates this shop and website, including all information, content, features, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the “Services”). ATMOSE is powered by Shopify, which enables us to provide these Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully before accessing or using our website. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. 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.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
To use the Services, including accessing our online shops or purchasing products, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, or assign your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate, as appearance may vary based on your device settings and configuration.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. ATMOSE reserves the right to accept or decline your order at our sole discretion for any reason. An order is only considered accepted once confirmed by ATMOSE. Acceptance is conditional upon the receipt and processing of your payment. Please review your order carefully before submission, as cancellation requests may not be honored after acceptance. If we change or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time the order was made.
Returns or exchanges are handled exclusively in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless stated otherwise, prices do not include taxes, shipping, handling, duties, or import fees.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for any delays in shipping or delivery. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, text, images, graphics, product reviews, video and audio files, and their design and arrangement, are the property of ATMOSE, its affiliates, or licensors, and are protected by international patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or republish any material from our Services without our prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor 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 of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. 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 accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE: This section accurately characterizes Shopify's relationship to your store and should not be removed].
ATMOSE is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are concluded directly with ATMOSE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and ATMOSE. You hereby release Shopify and its affiliates from all liability for any claims or damages arising from your transactions with ATMOSE.
SECTION 10 – PRIVACY POLICY
All personal data collected via the Services is subject to our Privacy Policy, which can be viewed here [LINK]. By using the Services, you acknowledge that you have read these privacy statements.
SECTION 11 – FEEDBACK
If you submit ideas, reviews, or suggestions (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, modify, publish, and distribute such Feedback for any purpose, including commercial use. We are under no obligation to maintain any Feedback in confidence or to pay compensation for any Feedback.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 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 discriminate; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES 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.
SECTION 16 – LIMITATION OF LIABILITY
IN NO CASE SHALL ATMOSE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ATMOSE and Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, and service providers, 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.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which ATMOSE is headquartered.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
SECTION 24 – CONTACT INFORMATION
Our contact information is as follows:
Email: info@atmosecargobike.com
Warehouse Address: Walter-Gropius-Straße 19b, 50126 Bergheim, Germany
Showroom Address: GermanXia Mobility GmbH, Donatusstr. 119, 50259 Pulheim, Germany
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