TABLE OF CONTENT:
 1. Scope and Application
 2. Eligibility and Use of Services
 3. Orders
 4. Product Information and Availability
 5. Shipping and Delivery
 6. Intellectual Property
 7. Privacy Policy
 8. Feedback
 9. Errors, Inaccuracies and Omissions
 10. Prohibited Uses
 11. Termination
 12. Disclaimer of Warranties
 13. Limitation of Liability
 14. Indemnification
 15. Severability
 16. Waiver; Entire Agreement
 17. Assignment
 18. Governing Law
 19. Contact Information

SECTION 1 - ACCESS AND ACCOUNT
1.1 By accessing or using our Services, you confirm that you are at least the age of majority in your country of residence and that you have the legal authority to enter into these Terms.

1.2 You agree to provide accurate, current and complete information for all purchases made through our store. You are responsible for keeping your account information up to date, including your email address, shipping address and payment details.

1.3 You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your device. We are not liable for any unauthorized access or activity that occurs under your account due to your failure to safeguard this information.

1.4 We reserve the right to suspend or terminate your access to the Services if we believe that your use of the Services violates these Terms or any applicable law, or is otherwise harmful to our interests or the interests of other users.

 

SECTION 2 - OUR PRODUCTS
2.1 Our store features a curated selection of products from independent designers and partner brands. All product descriptions, images, and prices are subject to change without notice.

2.2 We make every effort to accurately display the colors and details of the products offered. However, we cannot guarantee that your device’s screen will accurately reflect the actual appearance of any product.

2.3 We reserve the right to limit the quantities of any products or services we offer, and to discontinue any item at any time. All offers for products or services are void where prohibited.

2.4 Products in our store may be available in limited quantities and are subject to return or exchange only according to our Return Policy.

2.5 We do not guarantee that all items displayed on the website are in stock at the time of your order. In the event that a product is unavailable after your order has been placed, you will be notified and refunded accordingly.

2.6 Products offered on our website are intended for purchase by private end consumers only. They are not intended for resale, commercial redistribution, or purchase by businesses. By placing an order, you confirm that you are acting as a consumer and not on behalf of a commercial entity.

 

SECTION 3 - ORDERS
3.1 All orders placed through our online store are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product or service unavailability, errors in the description or price, suspected fraud, or violation of these Terms of Service.

3.2 Once your order has been placed, you will receive a confirmation email. This confirmation does not constitute acceptance of your order – it is simply an acknowledgment that we have received it. The contract between you and us is formed only when we dispatch the product(s) to you.

3.3 We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address.

3.4 If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made.

3.5 By placing an order, you confirm that all billing and shipping information provided is accurate and complete. You also confirm that you are authorized to use the payment method submitted.

 

SECTION 4 - PRICES AND BILLING
4.1 All prices are listed in the currency shown at checkout and include applicable value-added tax (VAT) unless explicitly stated otherwise. Prices do not include shipping, customs duties, or import taxes, which may apply depending on your shipping destination and will be displayed at checkout where applicable. Please refer to our Shipping page.

4.2 We reserve the right to change prices, discounts, and promotions at any time without notice. The price charged for a product will be the price in effect at the time your order is confirmed.

4.3 From time to time, we may offer promotional pricing or limited-time discounts. These promotions are subject to separate terms and conditions. In case of conflict, those specific promotion terms will apply.

4.4 You agree to provide accurate and up-to-date billing and contact information for all purchases made through our store. You are responsible for promptly updating any changes to ensure we can complete your transactions and communicate with you as needed.

4.5 By submitting payment information, you represent and warrant that:
(a) the information is accurate and complete,
(b) you are authorized to use the provided payment method, and
(c) you agree to pay all charges incurred, including applicable taxes and shipping fees.

 

SECTION 5 - SHIPPING AND DELIVERY
5.1 We ship internationally. Shipping options, delivery times, and applicable fees are displayed during checkout and vary depending on your destination and selected shipping method.

5.2 All delivery times are non-binding estimates. While we do our best to meet the indicated timelines, delays may occur due to customs processing, carrier issues, or circumstances beyond our control. We are not liable for such delays.

5.3 Once your order has been handed over to the shipping provider, risk of loss and title pass to you. This also applies to international shipments and any associated customs processes.

5.4 If your order is returned to us due to an incorrect address or failure to collect, we reserve the right to charge for re-shipping or deduct shipping costs from any refund.

5.5 For more details, please refer to our Shipping Policy & Returns and Refund Policy, which forms part of these Terms.

 

SECTION 6 - INTELLECTUAL PROPERTY
6.1 All content and materials provided through our Services — including but not limited to text, images, graphics, logos, product designs, video, audio, and the overall look and feel — are either owned by us or used under license, and are protected by applicable copyright, trademark, and intellectual property laws.

6.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes only. You may not copy, reproduce, distribute, modify, display, perform, republish, download, store, transmit, or create derivative works from any material on the Services without our prior written consent.

6.3 All brand names, product names, logos, and trademarks used on the Services are the property of their respective owners. You may not use any of these marks without express written permission.

6.4 Nothing in these Terms shall be construed as granting any license or right to use any intellectual property of us or any third party, unless explicitly stated.

 

SECTION 7 – PRIVACY POLICY
7.1 All personal information we collect through the Services is subject to our Privacy Policy, which you can access here. By using the Services, you acknowledge that you have read and understood this Privacy Policy.

7.2 The Services are hosted by Shopify. Certain information may also be collected and processed by Shopify in accordance with their own Privacy Policy, available here.

7.3 Some of your data may be transferred to and processed in countries outside your place of residence, as necessary to operate the Services or fulfill your order. We and our partners take appropriate measures to protect your personal data in line with applicable legal requirements.

7.4 Please review our Privacy Policy for more information on how your data is collected, used, shared, and protected.

 

SECTION 8 - FEEDBACK
8.1 If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such content in any format and for any purpose, including commercial use.

8.2 You represent and warrant that:
a) You own or have the necessary rights to the Feedback.
b) You have disclosed any incentives or compensation received in connection with your Feedback.
c) Your Feedback complies with applicable laws and these Terms.

8.3 We are not obligated to:
a) Keep your Feedback confidential.
b) Provide compensation for your Feedback.
c) Respond to or publish your Feedback.

8.4 You agree not to submit any Feedback that is unlawful, misleading, defamatory, obscene, or otherwise inappropriate, or that violates the rights of others. You are solely responsible for the accuracy and legality of your Feedback.

 

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
9.1 We strive to ensure that all information provided through our Services is accurate and up to date. However, from time to time, there may be typographical errors, inaccuracies, or omissions, particularly regarding product descriptions, pricing, availability, shipping charges, or delivery times.

9.2 We reserve the right to correct any such errors or omissions and to change or update information or cancel orders if any information is inaccurate at any time — including after you have submitted your order — without prior notice.

 

SECTION 10 - PROHIBITED USES
10.1 You may only use our Services for lawful purposes and in accordance with these Terms.

10.2 You agree not to use the Services:
(a) in any way that violates applicable laws or regulations;
(b) to infringe upon the rights of others, including intellectual property or privacy rights;
(c) to submit false or misleading information;
(d) to upload or transmit viruses or malicious code;
(e) to collect or track personal data without consent;
(f) to spam, phish, crawl, or scrape;
(g) to impersonate others or misrepresent your affiliation;
(h) to interfere with or bypass security features of the Services or any related website.

10.3 We reserve the right to suspend or terminate your access to the Services at any time and without notice, if we determine that your use violates these Terms or harms us, our partners, or other users.

 

SECTION 11 - TERMINATION
11.1 We may, at our sole discretion, suspend or terminate your access to the Services at any time and without prior notice, including if we believe that you have violated these Terms or applicable law.

11.2 Upon termination:
(a) your right to access and use the Services will immediately cease;
(b) you will remain liable for any outstanding payments or obligations incurred prior to the termination date;
(c) any provisions of these Terms which by nature should survive termination will continue to apply (including, without limitation, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification).

11.3 We are not liable to you or any third party for any consequences of termination, including any loss of access to content or data.

 

SECTION 12 - DISCLAIMER OF WARRANTIES
12.1 The Services and all products made available through them are provided “as is” and “as available,” without any warranties of any kind, either express or implied.

12.2 To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:
(a) implied warranties of merchantability and fitness for a particular purpose;
(b) warranties of title and non-infringement;
(c) warranties relating to accuracy, completeness, reliability, or timeliness of any content or product information.

12.3 We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

12.4 You use the Services at your own risk. Any reliance on the Services or materials available through them is at your sole discretion.

 

SECTION 13 - LIMITATION OF LIABILITY
13.1 To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:
(a) lost profits,
(b) lost revenue,
(c) loss of data,
(d) replacement costs, or
(e) damages resulting from delays, non-deliveries, or service interruptions.

13.2 This applies regardless of the legal basis (contract, tort, negligence, or otherwise), even if we have been advised of the possibility of such damages.

13.3 In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.

13.4 In any case, our total liability for any claim arising from or relating to the use of the Services or products purchased via the Services shall not exceed the amount you paid to us in the past six months.

 

SECTION 14 - INDEMNIFICATION
14.1 You agree to indemnify, defend and hold harmless us and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) your breach of these Terms of Service;
(b) your violation of any applicable law or the rights of a third party;
(c) your use of the Services or any product purchased through the Services.

14.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate fully with our defense of such claims.

14.3 This indemnification obligation will survive the termination of these Terms and your use of the Services.

 

SECTION 15 - SEVERABILITY
15.1 If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

15.2 The unenforceable portion shall be enforced to the maximum extent permissible under applicable law in order to reflect, as closely as possible, the original intent of the parties.

 

SECTION 16 - WAIVER; ENTIRE AGREEMENT
16.1 Our failure to enforce any provision or right under these Terms of Service shall not constitute a waiver of that provision or right.

16.2 These Terms of Service, along with any policies or legal notices posted on our website, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior or contemporaneous communications, proposals, or agreements, whether oral or written.

16.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 17 - GOVERNING LAW
17.1 These Terms of Service and any separate agreements through which we provide you with the Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.

17.2 The place of jurisdiction for all disputes arising from or in connection with these Terms shall be Cologne, Germany, provided the user is a merchant, legal entity under public law, or a special fund under public law.

17.3 The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

 

SECTION 18 - CHANGES TO TERMS OF SERVICE
18.1 You can review the most current version of the Terms of Service at any time on this page.

18.2 We reserve the right to update, modify, or replace any part of these Terms at our discretion. Changes will be published on our website with an updated revision date.

18.3 Material changes will be communicated to you in accordance with applicable law. The revised Terms will take effect on the date specified in the notice or, if no date is given, upon publication.

18.4 Continued use of the Services after changes are published constitutes your acceptance of the modified Terms.

 

SECTION 19 - CONTACT INFORMATION
19.1 If you have any questions about these Terms of Service, you can contact us at:

hi@coldskin.com
COLD SKIN
c/o bnchmrkd services GmbH
Mittelstraße 54
50672 Cologne
Germany

19.2 Registered with: Amtsgericht Neuss
Commercial Register Number: HRB 10405
VAT ID: DE328024223