Terms of service
OVERVIEW
Welcome to BE.Youniq! The terms “we”, “us” and “our” refer to BE.Youniq. BE.Youniq operates this shop and this website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). BE.Youniq is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must 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 the state or region where you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchased, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you are fully authorized to provide such information.
You are solely responsible for keeping your account credentials secure 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 have made every effort to display our products and services in our online stores as accurately as possible. However, we cannot guarantee that colors or the appearance of products displayed on your screen will be accurate, as they may vary depending on the device you use to access the store 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 match the depictions in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. BE.Youniq reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until BE.Youniq confirms acceptance. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as BE.Youniq 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 via the email address, billing address, and/or phone number provided at the time the order was placed.
Returns or exchanges of purchases are handled solely in accordance with our Return & Withdrawal Policy [LINK].
You represent and warrant that your purchases are for your personal use or household use only and not for commercial 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 set out in the order confirmation email. Unless otherwise expressly stated, prices shown do not include taxes, shipping, handling, customs, or import fees.
Prices in our online stores may differ from prices in physical stores or other online stores or marketplaces operated by third parties. From time to time, we may offer promotions that affect pricing and may be governed by terms different from these Terms. In the event of any conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. 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 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 authorized to use the credit card; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the prices stated, including shipping and handling charges and all 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 responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand the products over to the shipping carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, and video and audio files, and their design, selection, and arrangement, are owned by BE.Youniq, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms grants you any license or other rights under patents, trademarks, copyrights, or other intellectual property of BE.Youniq, Shopify, or any third party, nor may any such rights be implied from these Terms. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by BE.Youniq.
The names, logos, product and service names, designs, and slogans of BE.Youniq are trademarks of BE.Youniq or its affiliates or licensors. You must not use such marks without the prior written permission of BE.Youniq. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor, control, or influence.
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 all liability arising from or relating to your use of optional third-party tools.
Use of any 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 under which such tools are provided by the relevant third parties.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to, or purchase or use of, products, services, resources, or content on any third-party websites. You should 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 and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify’s relationship to your store and should not be removed or modified.]
BE.Youniq is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with BE.Youniq. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and BE.Youniq, including any injury, damage, or loss arising from products or services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from your purchases and transactions with BE.Youniq or related thereto.
SECTION 10 – PRIVACY POLICY
Any personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here: [LINK]. 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 about your access to and use of the Services in order to provide and improve the Services. Data you submit to the Services will be shared with Shopify and third-party service providers, which may be located in countries other than your country of residence, in order to provide the Services to you. Please see 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 transmit ideas, suggestions, feedback, reviews, proposals, 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. For example, we may use our rights under this license to operate, provide, assess, improve, expand, enhance, and promote the Services, to fulfill our obligations, and to exercise our rights under these Terms.
You also represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights to grant this license; (ii) you have disclosed any compensation or incentives you received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep Feedback confidential, (2) pay compensation for Feedback, or (3) respond to Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You represent and warrant that your Feedback does not violate the rights of any third party, including copyright, trademark, privacy rights, publicity rights, or other personal or proprietary rights. You further represent and warrant that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material and is free of computer viruses or other malware that could affect the operation of the Services or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time 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 must not access or use the Services, directly or indirectly: (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 or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” chain letters, “spam,” or similar solicitations; (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 which, as determined by us, may harm BE.Youniq, 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 be used in any way that affects the functionality or operation of the Services or any related website; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information 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, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, 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 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided for general informational purposes only. We make no guarantee as to 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 such materials by you or any other visitor to the Services, or by anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY BE.Youniq, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OF 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 DISCLAIMERS 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, BE.Youniq, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, 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 ANY 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, BUT NOT LIMITED TO, 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 THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BE.Youniq, 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 any third party arising out of: (1) your breach of these Terms or the documents they incorporate by 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 claims, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by such failure. We may control the defense and settlement of such claim at your expense, including selecting counsel, but we will not settle any claim without your consent (which will not be unreasonably withheld) if the settlement requires you to undertake any non-monetary obligations. You will cooperate in the defense of claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us on this website or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They 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 these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, delegate, or otherwise convey this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state/territorial courts of the country in which BE.Youniq has its principal place of business. You and BE.Youniq agree to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO THESE TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms 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. Such changes will take effect on the date stated in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms, please contact us at be.youniq@be-youniq.com.
Our contact details are listed below:
BE.Youniq
be.youniq@be-youniq.com
Stegmayergasse 72, 1120 Vienna, Austria
Email: be.youniq@be-youniq.com
GISA number: 34548851