OVERVIEW

Welcome to ZESTUM Shop! The terms “we,” “us,” and “our” refer to ZESTUM Shop. ZESTUM Shop operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). ZESTUM Shop is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any 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 cover areas such as warranty disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state or province of your residence and have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing the products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your login credentials and for all activities conducted through your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on your screen depending on the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the images or representations displayed 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 the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. ZESTUM Shop reserves the right to accept or reject your order at its discretion for any reason. Your order is not accepted until ZESTUM Shop confirms acceptance. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it, as ZESTUM Shop may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when placing the order.

Returns or exchanges of your purchases are governed exclusively by our Right of Withdrawal [LINK].

You represent and warrant that your purchases are 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 listed in the order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from prices in our physical stores or in online stores and other shops operated by third parties. We may offer promotions related to our Services from time to time that may affect pricing and may be subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, 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 information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are properly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the stated prices, including shipping and handling fees and any 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 clearance, or events beyond our control. Once we hand the goods over to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trade names, trademarks, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are owned by ZESTUM Shop, 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 solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials on the Services.

Unless expressly provided otherwise herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of ZESTUM Shop, Shopify, or any third party, nor may anything herein be construed as granting such a license or other right. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by ZESTUM Shop.

The names, logos, product and service names, designs, and slogans of ZESTUM Shop are trademarks of ZESTUM Shop or its affiliates or licensors. You may not use these trademarks without the prior written permission of ZESTUM Shop. 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 be provided with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.

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 assume no liability for damages arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms and conditions of the relevant third-party tools.

We may also offer new features through the Services in the future, 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 and Conditions.

SECTION 8 – EXTERNAL 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 reviewing or evaluating the content or accuracy of materials or websites accessed through third parties. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the third party’s policies and procedures and ensure that you understand them before entering into 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 correctly describes the relationship between Shopify and your shop and should not be removed or modified.]

ZESTUM Shop is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our shop are directly between you and ZESTUM Shop. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and ZESTUM Shop, including any injury, damage, or loss arising from the purchase of products and services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with ZESTUM Shop.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and 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 regarding your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services is transmitted to and shared with Shopify and third-party providers that may be located in a country other than your country of residence to provide services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, 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 purposes.

For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions.

You also represent that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.

We have no obligation to: (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.

We may 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 rights or these Terms and Conditions, but we have no obligation to do so.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements or contain computer viruses or other malware that could affect the operation of the Services or any related website in any way.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you provide 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 or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 if any information is inaccurate at any time, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (a) for unlawful or malicious purposes; (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, slander, disparage, intimidate, or harm our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or cause the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by others or that, in our judgment, may harm ZESTUM Shop, Shopify, or users of the Services or expose them to liability.

You further agree not to: (a) upload or transmit viruses or other types of malicious code that may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) abuse the Services with spam, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g., agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authorization features, the Robot Exclusion Header, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause an Agent to be used to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity and that may be operated on behalf of or using a person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have instructed it to cease accessing, using, or interacting with any Service.

14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s User-Agent string: “Agent/[Agent Name]”; (ii) may not hide or obscure that access, use, or interaction originates from an Agent, such as by (a) imitating human behavior and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must answer truthfully to questions or prompts intended to determine whether interactions originate from a human or a computer; and (iv) may not circumvent or otherwise avoid any measures designed to prevent, restrict, modify, or control whether or how Agents access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice, and you remain responsible for payment of all amounts due up to and including the termination date.

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 16 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance on such information is solely at your own risk. We disclaim all liability and responsibility arising from your or any other visitor’s reliance on such materials, or from any third party who may become aware of their content.

UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, ON A TIMELY BASIS, SECURELY, OR WITHOUT ERRORS. SOME JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY TYPE OF INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER SUCH DAMAGES ARE CLAIMED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS AND OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ZESTUM Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising from or related to: (1) your breach of these Terms and Conditions or the documents incorporated herein by reference; (2) your violation of applicable law or third-party rights; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that delayed notice will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, invalid, or unenforceable, that provision will nevertheless be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms and Conditions. Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.

These Terms and Conditions, together with all policies or operating rules posted by us on this website or in relation 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 between you and us, whether oral or written, including any prior versions of the Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted this document.

SECTION 21 – ASSIGNMENT

You may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms without our prior written consent. Any such attempt is void.

We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and Conditions and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the jurisdiction of the federal and state or territorial courts located at the headquarters of ZESTUM Shop.

You and ZESTUM Shop consent to the local and personal jurisdiction of these courts.

SECTION 23 – HEADINGS

The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS

The most current version of the Terms and Conditions can be viewed at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions 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, and such changes will take effect on the date specified in the notice.

By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to be bound by those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to contact@zestum.de.

ZESTUM Shop
Email: contact@zestum.de
Address: Böhlerstraße 1, 40549 Meerbusch, Germany