Terms of service

OVERVIEW
Welcome to A&J! The terms “we”, “us” and “our” refer to A&J. A&J operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a customized shopping experience (the “Services”). A&J 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 of Service” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address matters such as disclaimers of warranties and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or region in which 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, have purchased or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services that we offer, you may be asked 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 stores 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 on 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, please note that colors or the appearance of products may differ from how they appear on your screen because of 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 correspond exactly to the representations in our online stores.
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 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. A&J reserves the right, in its sole discretion and for any reason, to accept or decline your order. Your order is not accepted until A&J confirms acceptance. Receipt and processing of your payment are required before your order can be accepted. Please review your order carefully before submitting it, as A&J may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change 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 are handled solely in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may be changed 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, quoted prices do not include taxes, shipping, handling, customs or import charges.
Prices shown in our online stores may differ from prices offered in physical stores, online stores or other stores operated by third parties. From time to time, we may offer promotions relating to the Services that can affect pricing and may be subject to terms different from these Terms. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion 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 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 that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company and (iv) you will pay 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 carriers, customs processing or events outside our control. Once we hand the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, text, displays, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are owned by A&J, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual-property laws.
These Terms of Service permit you to use the Services for your 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 of Service grants, or may be construed as granting, any license or other right under any patent, trademark, copyright or other intellectual property of A&J, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual-property laws. All rights not expressly granted herein are reserved by A&J.
The A&J names, logos, product and service names, designs and slogans are trademarks of A&J or its affiliates or licensors. You must not use these marks without the prior written permission of A&J. 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 the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over or input into.
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.
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 under which such tools are provided by the relevant third-party providers.
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 deemed part of the Services and are subject to these Terms of Service.

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 choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages arising from your access to any third-party websites or from your purchase or use of products, services, resources or content on third-party websites. You should carefully review the third party's policies and practices 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
A&J is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with A&J. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and A&J, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with A&J.

SECTION 10 – PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information that you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than the country in which you reside, in order to provide the Services to you. Review our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any 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 medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own all Feedback 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 of Service. 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 have no obligation, 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 of Service.
You represent that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, and will not contain any computer virus 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 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, product shipping charges, transit times and availability. If any information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, 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 may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual-property rights or the intellectual-property rights of others; (d) to harass, abuse, insult, harm, 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 of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person; 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 A&J, 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 could in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; 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 of Service.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, in 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, 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 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available 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 such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY A&J, 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 FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL A&J, 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless A&J, 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 due to or arising out of (1) your breach of these Terms of Service 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 claim, provided that a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by that failure. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will 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 of Service will not constitute a waiver of that right or provision.
These Terms of Service 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 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, but not limited to, any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so is 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 of Service and any separate agreements under which we provide you Services will be governed by and construed in accordance with the federal and state or territorial courts of the country in which A&J is headquartered. You and A&J 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 limit or otherwise affect these Terms of Service.

SECTION 23 – 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, at 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. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@ajenterprise.eu.
Our contact information is set out below:
A&J
info@ajenterprise.eu
Heesterngrund 1, 27404 Gyhum, Germany
+49 176 26786131