Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to 3PointWear! Throughout this site, the terms "we", "us", and "our" refer to 3PointWear. 3PointWear operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). 3PointWear is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these "Terms" or "Terms of Service"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not access or use 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 your state or province of residence and that you 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 store or purchasing products and services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our store 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 account credentials and for all activities that occur under your account. You may not assign, transfer, sell, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online store. However, please note that the colors and appearance of products may vary depending on your device type, display settings, and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the images or descriptions displayed in our online store.

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 the quantities of any products offered 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. 3PointWear reserves the right to accept or reject any order at its sole discretion and for any reason. Your order is not accepted until 3PointWear confirms its acceptance. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it, as 3PointWear may not be able to accommodate cancellation requests once an 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 the order was placed.

Returns and exchanges are governed exclusively by our Return Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without 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 your order confirmation email. Unless otherwise expressly stated, prices do not include taxes, shipping charges, handling fees, customs duties, or import taxes.

Prices displayed in our online store may differ from prices in physical retail locations or other online stores operated by third parties. From time to time, we may offer promotions related to our Services that are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms of Service, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the payment information you provide is true, accurate, and complete; (ii) you are duly authorized to use the selected payment method; (iii) any charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred, including shipping fees, handling charges, and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our reasonable control.

Once we have handed the goods over to the shipping carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, logos, text, advertisements, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are the property of 3PointWear, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

These Terms of Service 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 material available through the Services.

Except as expressly provided in these Terms, nothing contained herein grants you any license or other right under any patent, trademark, copyright, or other intellectual property right of 3PointWear, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by 3PointWear.

The names, logos, product names, service names, designs, and slogans of 3PointWear are trademarks of 3PointWear, its affiliates, or licensors. You may not use these trademarks without our prior written permission. Shopify's name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other trademarks displayed on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools as part of the Services. We neither monitor nor control these tools.

You acknowledge and agree that such tools are provided "as is" and "as available," without warranties, representations, conditions, or endorsements of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you understand and agree to the applicable terms provided by the relevant third-party provider.

We may also introduce new features, tools, or resources through the Services in the future. Such new features shall also be 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 features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

If you leave our Services to access third-party websites or materials, you do so entirely at your own risk.

We shall not be liable for any damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content available through such websites.

Please review the third party's policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

3PointWear is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are conducted directly with 3PointWear.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and 3PointWear, including any injury, damage, or loss arising from your purchase of products or services.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or relating to your purchases and transactions with 3PointWear.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy, available here: [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, available here: [LINK].

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 related to your access to and use of the Services in order to provide and improve them. Information you submit through the Services may be transferred to Shopify and its third-party service providers, who may be located outside your country of residence, for the purpose of providing the Services.

For more information about how we, Shopify, and our partners use your personal information, please refer to our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, plans, or any other materials ("Feedback") by email, through the Services, or otherwise, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes.

For example, we may use Feedback to operate, evaluate, improve, develop, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms.

You further represent and warrant that:

You own or otherwise control all rights to the Feedback you submit;
You have disclosed any compensation or incentives received in connection with the Feedback;
Your Feedback complies with these Terms.

We are under no obligation to:

Keep your Feedback confidential;
Pay compensation for your Feedback; or
Respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

You agree that your Feedback will not violate the rights of any third party, including intellectual property, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, obscene, or malicious material, including viruses or other malware that could affect the operation of the Services.

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 available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product 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, including after an order has been submitted.

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 any of the following purposes:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable international, federal, state, provincial, or local laws or regulations;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person;

(e) to submit false or misleading information;

(f) to upload, transmit, receive, use, or reuse any material that does not comply with these Terms;

(g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited communications;

(h) to impersonate or attempt to impersonate another individual or entity; or

(i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, in our sole judgment, may harm 3PointWear, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

Upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services.
Reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services.
Collect or track the personal information of others.
Use the Services for spam, phishing, pharming, or pretexting.
Use robots, spiders, scraping tools, AI agents, automated devices, or manual processes to access or extract data from the Services.
Circumvent or interfere with security features, access controls, robot exclusion mechanisms, or any other measures designed to limit access to the Services.

We reserve the right to suspend, disable, or terminate your account without notice if you violate any part of these Terms.

SECTION 14 – AGENTS

14.1

This section ("Agent Terms") applies if you use, authorize, enable, or permit an agent to access, use, or interact with the Services.

An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or under the instruction of an individual or legal entity and is capable of operating without direct human supervision.

14.2

No Agent may access, use, or interact with the Services unless it clearly identifies itself at all times and complies fully with the requirements set out in Section 14.4.

In addition, no Agent may access, use, or interact with the Services if we have instructed it to cease doing so.

14.3

We may, including through technical measures, restrict whether and how an Agent may access, use, or interact with the Services.

14.4

Agents must:

Identify themselves in every HTTP/HTTPS request by including "Agent/[Agent Name]" in the User-Agent string.
Not conceal or disguise that access or interactions originate from an Agent, including by imitating human behavior or bypassing CAPTCHAs.
Respond truthfully to requests intended to determine whether interactions originate from a human or an Agent.
Not bypass or interfere with any measures designed to prevent, restrict, or regulate Agent access to Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to all or part of the Services at any time, at our sole discretion and without prior notice.

You remain responsible for all outstanding amounts owed up to and including the effective date of termination.

The following sections shall survive termination:

Intellectual Property
Feedback
Termination
Disclaimer of Warranties
Limitation of Liability
Indemnification
Severability
Waiver
Entire Agreement
Assignment
Governing Law
Privacy Policy
Any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided through the Services is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance on such information is entirely at your own risk.

Unless expressly stated otherwise by 3PointWear, the Services and all products offered through the Services are provided "AS IS" and "AS AVAILABLE," without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties of merchantability, 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 permit the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, 3PointWear, its affiliates, directors, officers, employees, agents, contractors, service providers, licensors, Shopify, and Shopify's affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential, or exemplary damages of any kind.

This includes, 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 out of or related to your use of the Services or any products purchased through the Services, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 3PointWear, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or relating to:

Your breach of these Terms of Service or any documents incorporated by reference;
Your violation of any applicable law or the rights of any third party; or
Your access to or use of the Services.

We will notify you of any claim subject to indemnification. A delayed notification will not relieve you of your obligations unless the delay materially prejudices your ability to defend the claim.

We reserve the right to assume control of the defense and settlement of any such claim at your expense, including the selection of legal counsel. However, we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate fully in the defense of any indemnified claim, including providing relevant documents and information as reasonably requested.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any previous versions of these Terms of Service.

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

SECTION 21 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

We may assign, transfer, or delegate these Terms, or any of our rights and obligations, without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws applicable at the registered place of business of 3PointWear.

You and 3PointWear agree to the exclusive jurisdiction and venue of the competent courts at the registered place of business of 3PointWear.

SECTION 23 – HEADINGS

The section headings used in these Terms of Service are for convenience only and shall not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

The most current version of these Terms of Service will always be available on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates or changes on our website.

It is your responsibility to review this page periodically for changes.

Where required by applicable law, we will notify you of any material changes to these Terms. Such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services after any changes have been posted constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to:

Email: tjagsch@web.de

Our contact details are:

3PointWear
Thorsten Jagsch
In den Rauschen 13
54669 Bollendorf
Germany