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Terms & Conditions

Overview 

Welcome to DIGSHOP. These are the terms and conditions governing your access to and use of the website Digshop.com and its related sub-domains, sites, services and tools (the “Site”). Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

 

Information that you provide to us

You may give us information about yourself when you visit DIGSHOP. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit DIGSHOP and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

 

DIGSHOP IP

As between you and DIGSHOP, DIGSHOP and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in DIGSHOP (collectively, “DIGSHOP IP”). DIGSHOP IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in DIGSHOP IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the DIGSHOP or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that DIGSHOP has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

 

Use of the Site

Only persons who can enter into a legally binding contract are eligible to purchase using the Website. If you are a minor, (i.e. under the age of 18 years) you may purchase using the Website only through your parent or guardian. We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process, you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

 

Products, Content and Specifications.

Details of the products and services available for purchase in the DIGSHOP (“DIGSHOP Products”) are set out in the DIGSHOP. All features, content, specifications, products and prices of products and services described or depicted in this DIGSHOP are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the DIGSHOP due to the limitations of the systems that you use to access the DIGSHOP. The inclusion of any products or services in the DIGSHOP at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

Your Account and Access to Website

In order to make an online purchase, you will need to register with the Website by giving certain personal identification information. It is your responsibility to ensure that the user name and password to access the Website is kept confidential. If you have any reason to believe that your user name and password is being, or is likely to be used by third parties, you should inform us. We shall have the right to refuse access, terminate or remove the account or edit the contents at any time without notice.

The right to use or access the Website granted to you is a limited, revocable, non-exclusive right for the personal use of the Website. You are not authorized to (i) modify the Website (ii) download or copy account information for the benefit of another seller (iii) utilize data mining, robots, or similar data gathering and extraction tools. You must use the Website for lawful purposes only and must not use for fraudulent or other unlawful activity.

 

Shipping and Returns

This section applies to DIGSHOP Products that are physical goods. For clarity, this Section applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by DIGSHOP. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. DIGSHOP is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each DIGSHOP Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).

Unless otherwise noted in the product description, DIGSHOP Products may be returned in their original packaging and condition (including all accessories and components provided) within 14 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact hello@digshop.com. Return shipping instructions will be provided. DIGSHOP will cover the cost of return shipping and will refund your purchase price in full.

 

Communications and Submissions

We welcome your comments and feedback regarding our Site, our products, and our services. You may post reviews, comments and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DIGSHOP hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. DIGSHOP requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

You acknowledge and agree that you are solely responsible for any submissions you submit to DIGSHOP or this website and further agree that you, not DIGSHOP, have full responsibility for the content of any such submissions, including their legality, reliability, and appropriateness.

 

Disclaimer, Limitation of Liability and Indemnity 

Except as otherwise expressly provided, this site, all contents and all products and services are provided on an “as is” basis. DIGSHOP disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. DIGSHOP does not warrant that your use of this site will be uninterrupted or error-free, or that this site or its server are free of viruses or other harmful elements. Although DIGSHOP endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of the information on this site. your use of the site is at your own risk. Neither DIGSHOP nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. DIGSHOP is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of DIGSHOP’s terms of use, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend and hold harmless DIGSHOP, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of any of these terms of use.

 

Errors and inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

 

Sanctions and Export Policy

You may not use the DIGSHOP or purchase any DIGSHOP Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the DIGSHOP or any DIGSHOP Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

 

Disputes 

Our Customer Service Specialists are ready to assist you and address your concerns—email hello@digshop.com at our working time.

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from DIGSHOP through our Site, will be resolved entirely through binding individual arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.

You may also assert individual claims in small claims court if your claims otherwise qualify. 

 

Applicable Law

By using DIGSHOP, you agree that the laws of the state of Germany, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DIGSHOP.

 

Links to Other Websites and Services

This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). DIGSHOP provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by DIGSHOP of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the DIGSHOP. Linked Sites are not under the control of DIGSHOP and DIGSHOP is not responsible for the contents of any Linked Site.

 

Merchandise Availability 

Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by emailing Customer Service at hello@digshop.com. You will receive a shipping confirmation email once your items have shipped.

 

Product Information 

DIGSHOP products may vary slightly from the image shown on the website and may not include some of the pictured accessories, unless stated in the specification of the products. We have tried to accurately display the colors of products. Please note the actual colors you see will depend on your monitor and may not be accurate.

 

Order of Acceptance and Pricing

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

 

Payment and Deliveries

You shall have the option to make the payment either by direct transfer to our bank account or by online payment through the secured payment gateway facilities using your own credit cards or by Cash On Delivery (“COD”). The delivery of the products shall be made only on receipt of advance payment for the product(s) and shipment.

The delivery of the products shall be made either directly by Digshop or through third party courier/logistic services providers on all days except on Friday, Saturday, and National holidays. For shipment charges, please refer our price list. Our liability for the product(s) sold stops and the risk passes on to you on delivery to you or to the third-party courier/logistic services providers. Consequently, any expense, damage or loss occurring during transportation shall be at our risk.

 

Transfer of Rights and Obligations

You hereby grant DIGSHOP the right to, and irrevocably acknowledge and agree that DIGSHOP may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. DIGSHOP agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of DIGSHOP, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of DIGSHOP.

 

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by DIGSHOP. If in DIGSHOP ‘s sole discretion you fail to comply with any term or provision of this agreement, DIGSHOP may deny you access to the Site. In the event of denial of access by DIGSHOP, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and DIGSHOP relating to the subject matter addressed herein.

 

Site Policies, Modification, and Severability 

Please review our other policies posted on this Site. These policies also govern your use of DIGSHOP services and products. We reserve the right to make changes to our site, policies and these Terms and Conditions at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

DIGSHOP

Sandauer Str. 251
Landsberg am Lech 86899
https://digshop.com

 

Last update: July 1st, 2019

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