Terms of service
OVERVIEW
Welcome to SilkSculpt! The terms “we”, “us” and “our” refer to SilkSculpt, based in Friedrichstraße, 10117 Berlin, Germany. SilkSculpt 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”). SilkSculpt is powered by Shopify, which enables us to provide the Services to you.
The below Terms of Service, together with any policies referenced herein, set out 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 [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country or region of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store 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 information you provide in our store 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 activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ depending on your screen, 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 identical to how they appear in our online store.
All product descriptions 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
When you place an order, you are making an offer to purchase. SilkSculpt reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SilkSculpt confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as SilkSculpt may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
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
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.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our online store may differ from prices offered in physical stores or by third parties.
We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are authorized to use the selected payment method;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We ship from the European Union. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss pass to you to the extent permitted by applicable law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by SilkSculpt, its affiliates, or licensors and are protected by applicable 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 material on the Services without our prior written consent.
SilkSculpt’s names, logos, product and service names, designs, and slogans are trademarks of SilkSculpt or its affiliates or licensors. You must not use such trademarks without prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.
We may also offer new features through the Services in the future, and such features shall also be deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites or services. 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 third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on those websites.
Please review the third party’s policies before engaging in any transaction. Complaints, claims, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, certain information you submit may also be processed by Shopify and, where necessary, by third parties located outside your country of residence in order to provide the Services to you.
SECTION 10 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“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.
You represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission; and
(iii) your Feedback complies with these Terms.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
SECTION 11 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable law or regulation;
(c) to infringe our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, or intimidate any person;
(e) to transmit false or misleading information;
(f) to send spam or other unsolicited promotional material;
(g) to impersonate any person or entity;
(h) to upload or transmit viruses or malicious code;
(i) to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without authorization; or
(j) to interfere with or circumvent security or access controls.
We reserve the right to suspend, disable, or terminate your access if we determine that you have violated these Terms.
SECTION 12 - TERMINATION
We may terminate this agreement or your access to the Services at any time in our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 13 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY SilkSculpt, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
SECTION 14 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, SilkSculpt, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not 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 any products purchased through the Services.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SilkSculpt, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of:
(1) your breach of these Terms;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
SECTION 16 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 17 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements, communications, or proposals, whether oral or written.
SECTION 18 - ASSIGNMENT
You may not assign, transfer, or delegate 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 notice to you.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany, and the courts located in Berlin shall have jurisdiction, to the extent permitted by applicable law.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, 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.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
kontakt@silksculptde.com
SilkSculpt
Friedrichstraße
10117 Berlin
Germany