Terms of service

OVERVIEW

This website is operated by Purple Dreams Cosmetics GmbH. Throughout the website, the terms “we”, “us” and “our” refer to Purple Dreams Cosmetics GmbH. Purple Dreams Cosmetics GmbH offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and/or purchasing something from us, you engage in 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, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

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 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 which are added to the current shop shall 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 periodically for 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 by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms and Conditions, 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 any of your minor dependants to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in 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 code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

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

You understand that your information, except credit card information, may be transferred unencrypted and may 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 during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without our express written permission.

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

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this website is at your own risk.

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

SECTION 4 – MODIFICATIONS TO THE 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 shall 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

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the shop. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, 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 website is void where prohibited.

We do not guarantee that the quality of any products, services, information or other material 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, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. 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.

For further details, please review our Return Policy.

SECTION 7 – WARRANTY

In the event that our products are defective or faulty, you are entitled to the following limited warranty: A product is considered defective if it does not have the agreed quality or if the product infringes industrial property rights, copyrights or other third-party rights. You must provide evidence of such defects. Article 924, second sentence, and Article 933b of the Austrian Civil Code (ABGB) shall not apply. In the event of a warranty claim, we are entitled to choose, at our discretion, the manner in which we fulfill our warranty obligation, including repair, replacement or price reduction. You agree that we may use one of our contractual partners in Austria or abroad to fulfill our warranty obligations.

Warranty rights expire within 12 months from delivery of the products or services.

The rights mentioned in this Section 11 do not apply in the following cases:

If and to the extent that the products have been repaired or modified by persons other than us or authorized dealers;

if and to the extent that the defects have been caused in whole or in part by incorrect handling, operating errors, accident, improper use, improper storage, maintenance or installation, or failure to follow advice or instructions provided by us relating to the supplied products.

Please note that, according to the state of the art, possible defects in a product cannot be excluded under all conditions of use. Therefore, we provide no guarantee for uninterrupted and/or error-free use of the product or for the correction of all errors and defects.

There is no warranty for spare parts and accessories, such as machine handpieces, foot pedals, power supplies or batteries.

SECTION 7.1 – HARMONISED EU NOTICE ON THE LEGAL GUARANTEE

The following harmonised notice applies to consumers in the European Union:

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or 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.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant 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. Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this website 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, or for any other materials, products or services of third parties.

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

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively referred to as “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which violates any party's intellectual property or these Terms and Conditions.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality 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 virus or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the shop is governed by our Privacy Policy. Please read our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, at any time and without prior notice, including after you have submitted your order, to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. Any specified update date applied in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, 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 that affects the functionality or operation of the Service, 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, 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 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant 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 from time to time we may remove the Service for indefinite periods of time or cancel the Service 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, unless expressly stated otherwise by us, provided “as is” and “as available” for your use, without any representations, 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 or non-infringement.

In no case shall Purple Dreams Cosmetics GmbH, our directors, officers, employees, subsidiaries, 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, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use 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, without limitation, 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 products posted, transmitted or otherwise made available via the Service, even if advised of their possibility.

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

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Purple Dreams Cosmetics GmbH and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 16 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – 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 website.

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 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 we may deny you access to our Services, or any part thereof.

SECTION 18 – ENTIRE AGREEMENT

The failure of us 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 and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms and Conditions.

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

SECTION 19 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Karfreitstrasse 4, Klagenfurt, Carinthia, 9020, Austria.

SECTION 20 – CHANGES 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, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@purpleflamecosmetics.com.

OVERVIEW

Welcome to Purple Dreams Cosmetics! The terms “we”, “us” and “our” refer to Purple Dreams Cosmetics. Purple Dreams Cosmetics operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Purple Dreams Cosmetics is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe 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 topics such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage.

In order to use the Services, including accessing or browsing our online shops or purchasing products or services that we offer, you may be required to provide certain information, such as your email address and billing, payment and delivery information. You represent and warrant that all information you provide in our shops is accurate, current and complete and that you are fully authorized to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and Services as accurately as possible in our online shops. However, please note that the colors or appearance of products may differ from those shown on your screen due to the device you use to access the shop and its 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 correspond to the representations in our online shops.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit, on a case-by-case basis, the quantities of products that we offer to any person, geographic region or jurisdiction.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. Purple Dreams Cosmetics reserves the right, in its sole discretion and for any reason, to accept or reject your order. Your order is not considered accepted until confirmed by Purple Dreams Cosmetics. Receipt and processing of your payment is a prerequisite for acceptance of your order. Please review your order carefully before submitting it, as Purple Dreams Cosmetics may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided with the order.

Returns or exchanges of your purchases shall be made exclusively in accordance with our Right of Withdrawal [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts and special offers are subject to change without prior 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 stated in the order confirmation you receive by email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs or import charges.

Prices displayed in our online shops may differ from prices in physical stores or online shops or other stores operated by third parties. From time to time, we may offer promotions relating to the Services that may affect pricing and which may be subject to terms and conditions different from these Terms. 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 promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company and (iv) you will pay all charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance or events beyond our control. Once we transfer the products to the shipping provider, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all brands, trademarks, text, representations, images, graphics, product reviews, video and audio files and their design, selection and arrangement, are owned by Purple Dreams Cosmetics, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material contained in the Services. Except as expressly provided herein, no provision of these Terms and Conditions grants you any license or other rights to any patent, trademark, copyright or other intellectual property of Purple Dreams Cosmetics, Shopify or any third party, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Purple Dreams Cosmetics.

The names, logos, product and service names, designs and slogans of Purple Dreams Cosmetics are trademarks of Purple Dreams Cosmetics or its affiliates or licensors. You may not use these marks without the prior written permission of Purple Dreams Cosmetics. 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 in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services that we neither monitor nor control nor have any input 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 and without any endorsement. We disclaim any liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

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

We are not liable for any damages or losses resulting from your access to third-party websites or the purchase or use of products, Services, resources or content on third-party websites. You should carefully review the third party's policies and procedures and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and Services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTICE FOR MERCHANTS: This section accurately characterizes Shopify's relationship to your shop and should not be removed or modified].

Purple Dreams Cosmetics 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 Purple Dreams Cosmetics. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Purple Dreams Cosmetics, including any injury, damage or loss resulting from products and Services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and liabilities arising from or relating to your purchases and transactions with Purple Dreams Cosmetics.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, 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.

Because 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 will be shared with Shopify and third-party providers who may be located in countries other than your country of residence in order to provide the Services to you. Please refer to our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “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 commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve and promote the Services, to fulfill our obligations and to exercise our rights under these Terms and Conditions.

You also represent and warrant that: (i) you own all Feedback content or otherwise have all necessary rights to it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback or (3) respond to your Feedback.

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

You represent that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent that your Feedback does not contain libelous or otherwise unlawful, abusive or obscene material and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Where information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, change or update information or cancel orders at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services or that, as determined by us, may harm Purple Dreams Cosmetics, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP

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

The following sections shall survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented in or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you or any other visitor to the Services or by anyone who may be informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY PURPLE DREAMS COSMETICS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PURPLE DREAMS COSMETICS, 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, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Purple Dreams Cosmetics, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties and arising out of (1) your breach of these Terms and Conditions or the documents they reference, (2) your violation of any law or the rights of a third party or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to provide prompt notice will not relieve you of your obligations except to the extent that you are materially prejudiced as a result. We may control the defense and settlement of such claim at your expense, including selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of any indemnification claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nevertheless remain effective to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; 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 and any policies or operating rules posted by us 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, whether oral or written, between you and us, including, without limitation, prior versions of these Terms and Conditions.

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

SECTION 20 – ASSIGNMENT

You may not transfer, assign or otherwise convey this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Purple Dreams Cosmetics has its principal place of business. You and Purple Dreams Cosmetics consent to the venue and personal jurisdiction of such courts.

SECTION 22 – HEADINGS

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

SECTION 23 – CHANGES 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, at our sole discretion, to update, change or replace portions of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

For questions about these Terms and Conditions, please contact us at info@purpleflamecosmetics.com.

Our contact information is provided below:

Purple Dreams Cosmetics GmbH
info@purpleflamecosmetics.com
St.Veiter Str 56, 9020 Klagenfurt am Wörthersee
+436642048660
ATU75843009