Terms of service

OVERVIEW
Welcome to ESTEEM Clothing! The terms "we," "us," and "our" refer to ESTEEM Clothing. ESTEEM Clothing operates this shop and website, including all associated information, content, features, tools, products, and services to provide you, the customer, with a personalized shopping experience (the "Services"). ESTEEM Clothing is hosted on Shopify, which enables us to offer the Services.

The following terms and conditions, along with any referenced policies (these "Terms and Conditions" or "Terms"), outline your rights and responsibilities when using the Services.

Please read these Terms carefully, as they include important legal rights and cover topics such as warranty disclaimers and liability limitations.

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

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are of legal age in your jurisdiction of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services—including accessing or browsing our online shops or purchasing products—you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete and that you have full authority to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We strive to display our products and Services in our online shops as accurately as possible. However, please note that the appearance of colors or products may vary depending on your device and its settings.
We do not guarantee that the appearance or quality of any products or Services purchased will meet your expectations or match the representations on our online shops.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you make a purchase offer. ESTEEM Clothing reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not accepted until confirmed by ESTEEM Clothing, which requires receipt and processing of your payment. Please review your order carefully before submitting, as cancellation requests may not be honored after confirmation.
If we are unable to accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.
Returns or exchanges of purchases are handled exclusively in accordance with our Return Policy.
You represent and warrant that your purchases are intended for personal or household use and not for resale or export.

SECTION 4 – PRICING 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 listed in your order confirmation email. Unless stated otherwise, prices do not include taxes, shipping, handling, customs, or import duties.
Prices listed on our online shops may differ from prices in physical stores or other third-party platforms. We may occasionally offer promotions that affect pricing and are subject to separate terms that take precedence over these Terms in case of conflict.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shops. You agree to promptly update your account, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) your credit card information is truthful and complete, (ii) you are authorized to use the credit card for purchases, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events outside our control. Once we hand off the product to the carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including, but not limited to, all trademarks, logos, text, images, graphics, product reviews, video and audio files, and their design and arrangement—are the property of ESTEEM Clothing, its affiliates, or licensors, and are protected by intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material without our prior written consent. These Terms do not grant you any licenses or rights under any intellectual property laws, unless expressly stated.
Unauthorized use may violate applicable laws. All rights not expressly granted are reserved by ESTEEM Clothing.
Names, logos, product and service names, designs, and slogans of ESTEEM Clothing are trademarks of ESTEEM Clothing or its licensors. You may not use these without our prior written permission. Shopify names and trademarks belong to Shopify. Other names belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may access tools provided by third parties as part of the Services, which we neither monitor nor control.
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 endorsement. We are not liable for any issues arising from your use of optional third-party tools.
Use of these tools is entirely at your own risk and discretion. You should review and agree to the terms provided by the relevant third-party providers.
We may also offer new features or tools through the Services in the future, and such features will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may include materials or links to third-party websites or services. We are not responsible for examining or evaluating their content or accuracy and do not warrant or accept any liability for third-party materials or websites.
Accessing these third-party links is at your own risk. We are not responsible for any harm or damages related to purchases, use of goods or services, or content from third-party websites. Please review their policies and practices before engaging in any transaction.
Complaints, claims, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
ESTEEM Clothing operates on the Shopify platform to provide you with the Services. However, all transactions are directly between you and ESTEEM Clothing. By using the Services, you acknowledge that Shopify is not responsible for any aspect of your transactions with ESTEEM Clothing, including injuries, damages, or losses. You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from your interactions with ESTEEM Clothing.

SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Some personal data may also be governed by Shopify’s privacy policy, available here.
By using the Services, you confirm that you have read both policies. Shopify processes your personal data to enable and improve the Services, including transfers to providers located in other countries. For more details, see our Privacy Policy.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, reviews, feedback, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media, for any purpose, including commercial use.
You represent and warrant that: (i) you own or control all rights in your Feedback, (ii) you disclosed any incentives received in connection with your Feedback, and (iii) your Feedback complies with these Terms.
We are not obligated to (1) keep Feedback confidential, (2) compensate you, or (3) respond.
We reserve the right to monitor, edit, or remove Feedback we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or in violation of intellectual property or these Terms.
You confirm that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy, or other personal or proprietary rights, and contains no viruses or malware. You may not use a false email, impersonate anyone, or mislead us or others. You are solely responsible for your Feedback and its accuracy. We are not liable for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, availability, etc. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after an order has been placed).

SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any regulations, laws, or ordinances;
(d) to infringe upon our intellectual property rights or those of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal data of others;
(i) to spam, phish, crawl, or scrape;
(j) to interfere with or circumvent security features.
We reserve the right to terminate your use of the Services for violating any prohibited use.

SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services at any time without notice. You remain liable for all amounts due up to the termination date.
Sections that, by their nature, should survive termination shall survive, including: Intellectual Property, Feedback, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, and others as applicable.

SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.
In some jurisdictions, limitations on implied warranties are not allowed, so this disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, ESTEEM Clothing, its directors, employees, affiliates, agents, or licensors shall not be liable for any injury, loss, claim, or damages, including lost profits, lost revenue, lost savings, data loss, or other similar damages, whether based in contract, tort, or otherwise, arising from your use of the Services or any products obtained through them.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ESTEEM Clothing, Shopify, and affiliates, officers, agents, and service providers from any claims or demands arising out of your breach of these Terms, your violation of any law or third-party rights, or your use of the Services.
We will notify you of any such claim and may control its defense at your cost. You agree to cooperate in defense and provide relevant documents. No settlement may be made without your reasonable consent if it imposes non-monetary obligations.

SECTION 18 – SEVERABILITY
If any provision is found to be unlawful or unenforceable, the remainder of the Terms remains in effect, and the unenforceable part shall be severed to the extent allowed by law.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Failure to enforce any right or provision shall not be a waiver of such right.
These Terms, along with posted policies, constitute the entire agreement and supersede prior communications.
Ambiguities shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign these Terms without our written consent. We may assign these Terms without notice or consent.

SECTION 21 – GOVERNING LAW
These Terms shall be governed by the laws of the country where ESTEEM Clothing is headquartered. You agree to submit to the jurisdiction of the courts in that location.

SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS
You may review the most current version at any time. We reserve the right to update these Terms by posting updates on our website. It is your responsibility to check for changes. Material changes will be communicated in accordance with applicable law.

SECTION 24 – CONTACT INFORMATION
For questions about these Terms, contact us at support@esteem-clothing.com.

Xtal GmbH
Rudolf-Link-Strasse 12
76228 Karlsruhe

Email: support@esteem-clothing.com

Managing Directors: Christian Beuthner, Corinna Hoppe, Claudius Beuthner
Registered at Amtsgericht Mannheim: HRB 723753
VAT ID: DE304552194