Terms of service

OVERVIEW
Welcome to the GIN WAYNE® Shop! The terms “we”, “us” and “our” refer to GIN WAYNE® Shop. GIN WAYNE® Shop operates this shop and this website, including all associated information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). GIN WAYNE® Shop is based on Shopify, enabling 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 address matters such as warranty disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm 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 any minors under your care to use the Services on devices that you own, have purchased or manage.
To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and delivery details. You warrant and represent that all information you provide in our shops is accurate, current and complete and that you are fully authorised to provide such information.
You are solely responsible for the security of your account login details and for all activities conducted under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have endeavoured to display our products and Services in our online shops as accurately as possible. However, please note that colours or the appearance of products may vary from those displayed 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 the products or Services you purchase will meet your expectations or correspond exactly with the depictions in our online shops.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any person, in any geographic region or within any jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase. GIN WAYNE® Shop reserves the right, at its sole discretion and for any reason, to accept or reject your order. Your order will be considered accepted only once confirmed by GIN WAYNE® Shop. Acceptance of your order requires receipt and successful processing of your payment. Please review your order carefully before placing it, as GIN WAYNE® Shop may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you via the email address, billing address and/or phone number you provided when placing the order.
Returns or exchanges of your purchases are handled exclusively in accordance with our Right of Withdrawal.
You warrant and represent that your purchases are intended for your personal use or for use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without prior notice. The price charged for a product or Service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs or import fees.
The prices shown in our online shops may differ from prices in physical stores or online shops operated by third parties. From time to time, we may offer promotions affecting pricing, which may be subject to terms different from these Terms and Conditions. In the event of conflict between promotion terms and these Terms, the promotion terms apply.
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 information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
You warrant and represent that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are authorised to use the card for purchases, (iii) charges incurred will be honoured by your credit card issuer and (iv) you will pay the charges incurred at posted prices, including shipping, handling and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance or events outside our control. Once we hand the products over 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, texts, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are the property of GIN WAYNE® Shop, its affiliates or licensors and are protected by US 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 from, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Unless expressly provided herein, nothing in these Terms grants you a licence or other rights to patents, trademarks, copyrights or other intellectual property of GIN WAYNE® Shop, Shopify or third parties. Unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted are reserved.
The names, logos, product and service names, designs and slogans of GIN WAYNE® Shop are trademarks of GIN WAYNE® Shop or its affiliates or licensors. You may not use these trademarks without prior written consent. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. All other names, logos and marks on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access to third-party tools 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 warranties, representations or conditions of any kind and without endorsement. We disclaim all liability arising from your use of optional third-party tools.
Your use of tools offered on the website is entirely at your own risk and discretion. You are responsible for ensuring that you have read and accepted the terms on which such tools are provided by third-party providers.
We may also offer new features as part of the Services in future (including the release of new tools and resources). Such features will also be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or hyperlinks to third-party websites (including embedded third-party features). We are not responsible for reviewing the content or accuracy of materials or websites operated by third parties that you access at your discretion. If you choose to leave the Services and access third-party websites or materials, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from purchases or use of products, services, resources or content from such websites. You should carefully review the policies and practices of the third party before engaging in any transaction. Complaints or concerns relating to third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section accurately describes Shopify’s relationship to your shop and must not be removed or altered.]
GIN WAYNE® Shop is hosted by Shopify, enabling us to provide the Services to you. All sales and purchases made in our shop, however, are transactions directly between you and GIN WAYNE® Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and GIN WAYNE® Shop, including injuries, damages or losses arising from purchased products or services. You expressly release Shopify and its affiliates from all liability related to your purchases and transactions with GIN WAYNE® Shop.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy. Certain data may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read these 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 them. Data you submit to the Services is shared with Shopify and with third-party providers, which may be located in countries other than your country of residence. For more information about how we, Shopify and our partners use your personal data, please see our Privacy Policy. 

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise provide ideas, suggestions, reviews, proposals or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use these rights to operate, provide, evaluate, develop, improve and promote the Services or fulfil our obligations and exercise our rights under these Terms.
You further represent and warrant that: (i) you own all rights in the Feedback or are fully authorised to provide it; (ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and (iii) your Feedback complies with these Terms. We are not obliged to (1) keep Feedback confidential, (2) compensate you for it or (3) respond to it.
We reserve the right, but are not obliged, to monitor, edit or remove Feedback that we deem unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable or that infringes the intellectual property rights of any party or violates these Terms.
You warrant that your Feedback does not infringe any third-party rights, including copyright, trademarks, privacy, personality or proprietary rights. You also warrant that your Feedback does not contain defamatory, unlawful, abusive or obscene content and is free of viruses or malware that could affect the operation of the Services or related websites. You must not use a false email address, impersonate another person or mislead us or third parties about the origin of any 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 the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability. We reserve the right to correct such errors, inaccuracies or omissions, or update or change 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, directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state or local laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm, defame, slander, intimidate or discriminate against any person; (e) to submit false or misleading information; (f) to upload, transmit or reuse material inconsistent with these Terms; (g) to send or facilitate the sending of “junk mail”, chain letters, “spam” or other unsolicited messages; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts others’ use of the Services or that could harm GIN WAYNE® Shop, Shopify or users.
You further agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell or exploit any part of the Services; (c) collect or track 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 related websites. We reserve the right to suspend, disable or terminate your account 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 any time without notice at our sole discretion. You remain responsible for all charges incurred up to the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that should reasonably survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided in or through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Your reliance on such information is at your own risk. We disclaim all liability arising from reliance on such materials by you, other visitors or anyone informed of such content.
UNLESS EXPRESSLY PROVIDED BY GIN WAYNE® SHOP, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, GIN WAYNE® SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, 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 OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR MADE AVAILABLE IN ANY WAY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless GIN WAYNE® Shop, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising from (1) your breach of these Terms, (2) your violation of any law or third-party rights or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify does not release you from your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of such claims at your expense, including choosing legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You must cooperate by providing relevant documents and assistance.

SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications or proposals, whether oral or written.
Any ambiguity in interpreting these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer or delegate this agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services to you are governed by, and construed in accordance with, the federal and state or territorial courts of the country in which GIN WAYNE® Shop is headquartered. You and GIN WAYNE® Shop submit to the jurisdiction of these courts.

SECTION 22 – HEADINGS
Headings used in this agreement are for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You may review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will inform you of any material changes in accordance with applicable law. Such changes take effect on the date stated in the notice. By continuing to use or access the Services after changes have been posted, you agree to the updated Terms.

SECTION 24 – CONTACT INFORMATION
If you have questions about the Terms and Conditions, please contact us at office@ginwayne.at.
Our contact information is listed below:
Gin Wayne GmbH
office@ginwayne.at
Hauptplatz 24, 9100 Völkermarkt
0 423 22 520
FN 553438f
ATU76783713