Terms of service
OVERVIEW
Welcome to Ásette! The terms ‘we’, ‘us’ and ‘our’ refer to Ásette. Ásette operates this shop and this website, including all associated information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the ‘Services’). Ásette is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies referred to herein (these “Terms and Conditions” or “Terms”), set out your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as disclaimers of warranty and limitations of liability.
By visiting or using our Services, or by interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm that you are at least of legal age in the country or province where you reside, and that you have given us your consent for your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including to access or browse our online shops or to purchase the
products and services we offer, you may be asked to provide certain details, such as your email address, billing, payment and delivery information. You warrant that all information you provide in our shops is accurate, up to date and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your login details and for all activity on your account. You must not transfer, sell, assign or licence your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online shops. Please note, however, that the colours or appearance of the products may differ from how they are displayed on your screen, depending on the type of device you are using to access the shop, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the images or representations in our online shops.
All product descriptions may be amended at any time and without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographical region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Ásette reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Ásette confirms acceptance. We must receive and process your payment before your order can be accepted. Please check your order carefully before submitting it, as Ásette may not be able to accommodate cancellation requests once the order has been accepted. If we do not accept, amend or cancel an order, we will endeavour to notify you via the email address, billing address and/or telephone number provided at the time of ordering.
The return or exchange of your purchases is governed exclusively by the terms of our right of withdrawal.
You represent and warrant that your purchases are intended for your personal use or use within your household, and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service is the price valid at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the prices quoted do not include tax, delivery charges, handling fees, customs duties or import charges.
The prices quoted in our online shops may differ from those in our physical shops or in online shops and other shops operated by third parties. From time to time, we may offer promotions in connection with our services, which may affect pricing and are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops.
You agree to update your account details and other information, including your email address and credit card numbers and expiry dates, without delay, so that we can process your transactions and contact you where necessary.
You represent and warrant that (i) the credit card details you have provided are true, accurate and complete, (ii) you are duly authorised to use this credit card for the purchase, (iii) the charges incurred by you will be settled by your credit card issuer, and (iv) you will pay the charges incurred by you at the stated prices, including postage and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We accept no liability for delays in dispatch and delivery. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by courier services, customs clearance or events beyond our control. Once we have handed the goods over to the courier service, title and the risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trade marks, trademarks, text, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of Ásette, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not, without our prior written consent, reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any of the materials on the Services. Unless expressly provided otherwise herein, nothing in these Terms grants you any licence or other rights under any patent, trade mark, copyright or other intellectual property of Ásette, Shopify or any third party, nor may it be construed as granting any such licence or other right. Unauthorised use of the Services may constitute a breach of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ásette.
The names, logos, product and service names, designs and slogans of Ásette are trademarks of Ásette or its affiliates or licensors. You must not use these trademarks without Ásette’s prior written consent. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may, as part of the Services, be given access to customer tools provided by third parties. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’, without any warranties, representations or conditions, and without any endorsement. We accept no liability for any loss or damage arising from or in connection with the use of optional third-party tools.
Any use you make of the optional tools offered via the website is entirely at your own risk and at your own discretion. You should therefore familiarise yourself with and accept the terms of use of the relevant third-party tools.
We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features shall also be deemed to form part of the Services and shall be subject to these Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.
We accept no liability for any damage arising from your access to external websites or your purchase or use of products, services, resources or content on external websites. Please review the third-party provider’s policies and procedures carefully and ensure that you understand them before carrying out any transaction. Any complaints, claims, concerns or queries regarding third-party products and services should be directed to the relevant third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Ásette is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with Ásette. By using the services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Ásette, including any injuries, damage or loss arising from the purchase of products and services. You hereby expressly indemnify Shopify and its affiliates against all claims, damages and liabilities arising out of or in connection with your purchases and transactions with Ásette.
SECTION 10 – PRIVACY POLICY
All personal data that we collect via the Services is subject to our Privacy Policy, which can be viewed here, and certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is transmitted to and shared with Shopify and third-party service providers, who may be located in a country other than your country of residence, in order to provide services to you. For further information on how we, Shopify and our partners use your personal data, please see our Privacy Policy.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, ‘Feedback’), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including for commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further warrant that: (i) you own or have access to all necessary rights in all Feedback; (ii) you have disclosed any remuneration or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these terms. We are and remain under no obligation to (1) treat your feedback as confidential; (2) pay you any compensation for your feedback; or (3) respond to your feedback.
We may, at our sole discretion, monitor, edit or remove any feedback that we deem to be unlawful, abusive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or breaches these Terms and Conditions; however, we are under no obligation to do so.
You agree that your feedback will not infringe the rights of any third party. This includes copyright, trade mark rights, data protection rights, rights of personality or any other personal or property rights. Furthermore, you agree that your feedback will not contain any defamatory or otherwise unlawful, offensive or obscene statements, nor will it contain any computer viruses or other malware that could in any way interfere with the operation of the Services or any associated website. You are not permitted to use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any feedback. You bear sole responsibility for any feedback you provide and for its accuracy. We accept no responsibility or liability whatsoever for feedback published by you or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice, and to amend or update information or cancel orders if any information is found to be inaccurate at any time (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You must not, either directly or indirectly, access or use the Services for the following purposes: (a) for unlawful or malicious purposes; (b) to contravene any international, federal, provincial or state regulations, rules, laws or local by-laws; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, slander, defame, disparage, intimidate or cause harm to our staff or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to send or cause to be sent any advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages; (h) to impersonate or attempt to impersonate any other individual or legal entity; or (i) to engage in any other conduct that restricts or impedes the use or enjoyment of the Services by others, or which, in our opinion, could harm Ásette, Shopify or the users of the Services, or expose them to liability.
Furthermore, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that are used, or could be used, in a manner that impairs the functionality or operation of the Services; (b) to reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any part of the Services; (c) to collect or track the personal data of others; (d) to misuse the Services through spam, phishing, pharming or pretexting; (e) to use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g. agent-based AI) or automated or manual means to access the Services; or (f) to interfere with, circumvent or manipulate the security or authorisation features, the Robot Exclusion Header or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have breached any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (‘Agent Terms’) applies if you use, authorise, enable or arrange for the use of an agent to access, use or interact with the Services. ‘Agent’ means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person, and which can be executed on behalf of or using a person’s device without direct supervision.
14.2 No agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set out in section 14.4 below. Furthermore, no agent is permitted to access, use or interact with the Services if we have instructed them to refrain from accessing, using or interacting with a Service.
14.3 We may, including through technical measures, restrict whether and how an agent accesses, uses and interacts with the Services.
14.4 Agents: (i) must specify in all HTTP/HTTPS requests that the request originates from an agent, and disclose the agent’s name by including the following in the request’s User-Agent string: “Agent/[agent name]”. (ii) must not conceal or disguise the fact that access, use or interactions originate from an agent, for example by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise evade measures intended to prevent, restrict, modify or control whether and how agents access, use or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time and without notice, at our sole discretion, and you shall remain liable for payment of all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which, by their nature, are intended to survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or via the Services is for general information purposes only. We make no warranty as to the accuracy, completeness or usefulness of this information. Any reliance on such information is entirely at your own risk. We accept no liability or responsibility arising from reliance on such materials by you or other visitors to the Services, or by third parties who become aware of their content.
UNLESS EXPRESSLY STATED BY ÁSETTE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT GUARANTEE, WARRANT OR ASSURE THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY MANNER, SECURELY OR WITHOUT ERRORS. Some jurisdictions limit or prohibit the exclusion of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ÁSETTE, OUR PARTNERS, DIRECTORS, SENIOR MANAGEMENT, EMPLOYEES, AFFILIATED COMPANIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY KIND OF INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE ALLEGED TO ARISE OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING OUT OF YOUR USE OF THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS AND OMISSIONS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN POINTED OUT.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ásette, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable legal fees, that may be brought against them by third parties arising out of or in connection with (1) your breach of these Terms and Conditions or the documents incorporated by reference herein, (2) your breach of applicable law or the rights of third parties, or (3) your access to and use of the Services.
We shall notify you of any claim for which you are liable to indemnify us, provided that you shall not be relieved of your obligations by any delay in such notification, unless this would cause you significant prejudice. We may direct the defence and settlement of any such claim at your expense, including the choice of solicitor, but shall not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You shall cooperate in the defence against claims for indemnity, including by providing relevant documents.
SECTION 19 – SEVERABILITY CLAUSE
Should any provision of these General Terms and Conditions be found to be unlawful, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Any failure on our part 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 that we publish on this website 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 all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written (including, without limitation, any previous versions of these Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the party that drafted this document.
SECTION 21 – ASSIGNMENT
You may not delegate, assign or transfer this contract or your rights and obligations under these terms and conditions without our prior written consent; any such attempt shall be null and void. We may assign, transfer or delegate these terms and conditions and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and Conditions, as well as any separate agreements under which we provide services to you, shall be governed by and construed in accordance with the laws of the federal, state or territorial courts in the place where Ásette has its registered office. You and Ásette agree to the local and personal jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these terms and conditions.
SECTION 24 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
The most up-to-date version of the General Terms and Conditions is available on this page at all times.
We reserve the right, at our sole discretion, to update, amend or replace parts of these General Terms and Conditions by publishing updates and amendments on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these terms in accordance with applicable law, and such changes will take effect on the date specified in the notification. By continuing to use or access the services after changes to these Terms and Conditions have been published, you agree to those changes.
SECTION 25 – CONTACT DETAILS
Please send any enquiries regarding the Terms and Conditions to hello@asettecollect.com.
Our contact details are set out below:
Ásette
hello@asettecollect.com
Kurfürstendamm 96, 10709 Berlin, Germany
Phone: (+49) 30 28604833