Terms of service

Terms of Service

OVERVIEW
Welcome to Apex Kinetic! The terms "we", "us" and "our" refer to Apex Kinetic. Apex Kinetic operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Apex Kinetic is powered by Shopify, which enables us to provide the Services to you.
The below 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.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 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 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 the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
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 and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS AND CONTRACT CONCLUSION

3.1. When you place an order, you are making an offer to purchase. The presentation of products in our online store does not constitute a legally binding offer.
3.2. A legally binding contract is only concluded when we accept your offer. This is done by sending an order confirmation email, a shipping confirmation email, or by delivering the products within the specified delivery period.
3.3. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
3.4. Your purchases are subject to return or exchange solely in accordance with our Cancellation Policy and statutory rights.
3.5. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

4.1. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
4.2. VAT Exemption: Prices are final. Since we apply the small business regulation (Kleinunternehmerregelung) according to § 6 Abs. 1 Z 27 of the Austrian VAT Act (UStG), no value-added tax (VAT) is charged or shown on invoices.
4.3. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs, or import charges if applicable. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
4.4. You represent and warrant that (i) the credit card or payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored, and (iv) you will pay charges incurred by you at the posted prices.

SECTION 5 - SHIPPING AND DELIVERY

5.1. Delivery times are estimates. Since products are shipped directly from the manufacturer/supplier (dropshipping), the delivery time is approximately 7 to 15 business days after receipt of payment, unless specified otherwise.
5.2. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control (force majeure). Once we transfer products to the carrier, risk of loss passes to you (subject to mandatory provisions of consumer protection laws where risk passes upon delivery to the consumer).

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Apex Kinetic, its affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Apex Kinetic is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Apex Kinetic. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Apex Kinetic, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Apex Kinetic.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed in our store. By using the Services, you acknowledge that you have read our privacy policies.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "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 for commercial use. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon our intellectual property rights or the rights of others, to transmit false or misleading information, or to interfere with, bypass, or circumvent the security or authorization features of the Services.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) identify that the request is from an Agent and disclose the name of the Agent by including the following in the User-Agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access is from an Agent, such as by mimicking human behavior or circumventing CAPTCHAs; (iii) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY Apex Kinetic, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Apex Kinetic, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND arising from your use of the Services or products procured using the Services.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Apex Kinetic, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 19 - 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 20 - WAIVER; 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 constitute the entire agreement and understanding between you and us.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW AND JURISDICTION

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 Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The courts of Austria shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms, subject to mandatory local consumer protection laws.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at dajunti2021@gmail.com.

Apex Kinetic
Philipp Pühringer, BSc.
Am Hochfeld 8
4052 Ansfelden
Austria
Email: dajunti2021@gmail.com
GISA Number: 39777225
Trade Authority: Bezirkshauptmannschaft Linz-Land