Terms of service
Overview
Welcome to Cerebroscope Studio! The terms “we”, “us” and “our” refer to Cerebroscope Studio. Cerebroscope Studio operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). Cerebroscope Studio is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with the policies referred to here (these “Terms of Service” or “Terms”), describe your rights and obligations when you use the Services.
Please read these Terms carefully, as they contain important information about your legal rights and address matters including disclaimers of warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not use or access the Services.
Section 1 – Access and account
By agreeing to these Terms, you represent that you are of legal age in the state or region where you reside and that you have consented to your minor dependants using the Services on devices that you own, have purchased or manage.
To use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be asked to provide 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 authorised to provide it.
You are solely responsible for the security of your account credentials and all activities on your account. You may not transfer, sell, assign or license your account to another person.
Section 2 – Our products
We have made efforts to display our products and services as accurately as possible in our online stores. However, the colours or appearance of products may differ from those shown 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 products or services you purchase will meet your expectations or match the representations 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 products at any time and to limit, on a case-by-case basis, the quantities we offer to any person, geographic region or jurisdiction.
Section 3 – Orders
By placing an order, you make an offer to purchase. Cerebroscope Studio reserves the right to accept or reject your order at its discretion for any reason. Your order is accepted only after confirmation by Cerebroscope Studio. Receipt and processing of your payment are prerequisites for acceptance. Please review your order carefully before submitting it, as Cerebroscope Studio may be unable to accommodate cancellation requests after accepting an order. If we do not accept, change or cancel an order, we will try to notify you using the email address, billing address and/or telephone number provided with the order.
Returns or exchanges of your purchases are governed exclusively by our right-of-withdrawal policy.
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 change without notice. The price charged for a product or service is the price applicable when you place your order and is stated in the order confirmation sent to you by email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs or import charges.
Prices in our online stores may differ from those in physical shops or online or other stores operated by third parties. We may occasionally offer promotions affecting pricing that are subject to terms different from these Terms. If promotional terms conflict with these Terms, the promotional terms take precedence.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our stores. You agree to promptly update your account and other information, including your email address, credit-card numbers and expiry dates, so we can complete transactions and contact you if necessary.
You represent and warrant that (i) the credit-card information you provide is truthful, accurate and complete; (ii) you are authorised to use that card for the purchase; (iii) your credit-card company will honour the charges you incur; and (iv) you will pay the charges you incur at the stated prices, including shipping and handling fees and all applicable taxes.
Section 5 – Shipping and delivery
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Once we hand products to the carrier, title and risk of loss pass to you.
Section 6 – Intellectual property
Our Services, including all trademarks, trade names, text, illustrations, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are owned by Cerebroscope Studio, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual-property laws.
These Terms 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 or perform, republish, download, store or transmit material in the Services. Except as expressly provided here, nothing in these Terms grants or implies a licence or other rights to patents, trademarks, copyright or other intellectual property of Cerebroscope Studio, Shopify or third parties. Unauthorised use of the Services may violate federal and state intellectual-property laws. All rights not expressly granted here are reserved by Cerebroscope Studio.
Cerebroscope Studio’s names, logos, product and service names, designs and slogans are trademarks of Cerebroscope Studio, its affiliates or licensors. You may not use them without Cerebroscope Studio’s prior written permission. Shopify’s name, logo, product and service names, designs and slogans are Shopify trademarks. 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 receive access to customer tools offered by third parties as part of the Services that we do not monitor, control or influence.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
You use optional tools offered through the website entirely at your own risk and discretion. You are responsible for becoming familiar with and accepting the terms under which the relevant third parties provide them.
We may offer new features through the Services in future, including new tools and resources. These features also form part of the Services and are 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 reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access them, you do so at your own risk.
We are not liable for harm or loss arising from your access to third-party websites or your purchase or use of products, services, resources or content on them. Carefully review the third party’s policies and procedures and ensure you understand them before making a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.
Section 9 – Relationship with Shopify
Cerebroscope Studio is powered by Shopify, enabling us to provide the Services to you. However, all sales and purchases you make in our store are directly with Cerebroscope Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Cerebroscope Studio, including injury, damage or loss arising from purchased products and services. You expressly release Shopify and its affiliates from all liability for claims, damages and obligations arising from or relating to your purchases and transactions with Cerebroscope Studio.
Section 10 – Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read these privacy policies.
Because Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them for you. Information you submit to the Services is shared with Shopify and third parties that may be located outside your country of residence to provide the Services. Our Privacy Policy contains further information about how we, Shopify and our partners use your personal information.
Section 11 – Feedback
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial purposes. For example, we may exercise these rights to operate, provide, evaluate, expand, improve and promote the Services, meet our obligations and exercise our rights under these Terms.
You also represent and warrant that (i) you own all Feedback or fully hold the necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with submitting it; and (iii) it 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 consider unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You warrant that your Feedback does not infringe third-party rights, including copyright, trademarks, privacy, personality or other personal or proprietary rights. You also warrant that it contains no defamatory, otherwise unlawful, abusive or obscene statements and no computer viruses or other malware that could 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 about its origin. You alone are responsible for your Feedback and its accuracy. We accept no responsibility or liability for Feedback posted by you or a third party.
Section 12 – Errors, inaccuracies and omissions
Information on or within the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability. If information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders at any time without notice, including after you have submitted an 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 them (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state or local regulations, rules or laws; (c) to violate our or others’ intellectual-property rights; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or harm our employees or anyone else; (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 transmit or arrange transmission of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate a person or entity; or (i) to engage in other conduct that restricts or interferes with use of the Services or that we consider could harm Cerebroscope Studio, Shopify or users or expose them to liability.
You also agree not to (a) upload or transmit viruses or malicious code affecting the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit parts of the Services; (c) collect or track others’ personal information; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or close 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 of them at our sole discretion at any time without notice. You remain liable for amounts due up to the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
Section 15 – Disclaimer of warranties
Information presented in or through the Services is for general information only. We do not guarantee its accuracy, completeness or usefulness. Any reliance on it is at your own risk. We disclaim all liability and responsibility arising from reliance on these materials by you, other visitors or anyone informed of their content.
UNLESS CEREBROSCOPE STUDIO EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR PROHIBIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Section 16 – Limitation of liability
TO THE EXTENT PERMITTED BY LAW, CEREBROSCOPE STUDIO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, REVENUE OR 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 PRODUCTS OBTAINED THROUGH THEM, OR OTHER CLAIMS RELATED TO USE OF THE SERVICES OR A PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE ARISING FROM USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 17 – Indemnification
You agree to indemnify, defend and hold harmless Cerebroscope Studio, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising from (1) your breach of these Terms or documents they reference; (2) your violation of a law or third-party rights; or (3) your access to and use of the Services.
We will notify you of indemnifiable claims, but failure to notify you promptly does not relieve you of your obligations unless it materially prejudices you. We may control the defence and settlement at your expense, including choosing counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in defending such claims, including providing relevant documents.
Section 18 – Severability
If a provision of these Terms is found unlawful, void or unenforceable, it remains effective to the fullest extent permitted by law. The unenforceable part is treated as severed from these Terms. This finding does not affect the validity or enforceability of the remaining provisions.
Section 19 – Waiver and entire agreement
Our failure to exercise or enforce a right or provision of these Terms does not waive it.
These Terms and any policies or operating rules we publish 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 replace prior or contemporaneous agreements, communications and offers, oral or written, including earlier versions of these Terms.
Ambiguities in interpreting these Terms must not be construed against the party that drafted them.
Section 20 – Assignment
You may not delegate, assign or transfer this agreement or your rights or obligations under these Terms without our prior written consent. Any attempt is 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 and separate agreements under which we provide Services are governed by and construed in accordance with the federal and state or territorial courts of the country where Cerebroscope Studio is headquartered. You and Cerebroscope Studio consent to those courts’ venue and personal jurisdiction.
Section 22 – Headings
Headings in this agreement are for convenience only and do not affect these Terms.
Section 23 – Changes to the Terms
You can review the current version of these Terms at any time on this page.
We reserve the right to update, change or replace parts of these Terms at our discretion by publishing updates and changes on our website. You are responsible for checking the website regularly for changes. We will notify you of material changes in accordance with applicable law. They take effect on the date stated in the notice. Continued use of or access to the Services after changes are published constitutes acceptance of them.
Section 24 – Contact information
Questions about these Terms should be sent to cerebroscope.studio@gmail.com.
Our contact details:
Cerebroscope Studio
cerebroscope.studio@gmail.com
Cerebroscope Studio, Postfach 1162, 22858 Schenefeld, Germany