Terms of service

OVERVIEW

Welcome to Cheers Presso! The terms "we," "us," and "our" refer to Cheers Presso. Cheers Presso operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Cheers Presso is built on Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the 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 address topics such as disclaimers of warranties and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use 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 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 are fully authorized to provide such information. You are solely responsible for the security of your account credentials and for 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 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 what is displayed on your screen due to the device you use to access the store and its settings and configuration. We make no guarantee that the appearance or quality of any 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 the quantities of products we offer to any individual, in any geographic region, or within any jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS By placing an order, you are making an offer to purchase. Cheers Presso reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not considered accepted until confirmed by Cheers Presso. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before placing it, as Cheers Presso may not be able to accommodate cancellation requests once an order has been accepted. If we are unable to accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of ordering. Returns or exchanges of your purchases are subject exclusively to our right of withdrawal. You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time of ordering and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs, or import fees. Prices listed in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall 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 truthful, accurate, and complete; (ii) you are 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 processing, or events beyond our control. Once we have handed the products over to the shipping carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Cheers Presso, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. These Terms and Conditions 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 of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you any license or other rights to any patents, trademarks, copyrights, or other intellectual property of Cheers Presso, Shopify, or any third party, nor may such a grant be implied from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Cheers Presso. The names, logos, product and service names, designs, and slogans of Cheers Presso are trademarks of Cheers Presso or its affiliates or licensors. You may not use these marks without the prior written permission of Cheers Presso. The name, logo, product and service names, designs, and slogans of Shopify 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 given access to third-party tools offered as part of the Services, which we neither monitor, control, nor influence. 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 related 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 and conditions under which the tools are provided by the respective third-party providers. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites that you access at your own discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk. We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review and ensure that you understand the policies and procedures of the third party before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY [NOTE FOR MERCHANTS: This section accurately characterizes the relationship of Shopify to your store and should not be removed or altered.] Cheers Presso is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are concluded directly with Cheers Presso. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Cheers Presso, including injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from or related to your purchases and transactions with Cheers Presso.

SECTION 10 – PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies. As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and with third-party providers who may be located in countries other than your country of residence, in order to provide the Services to you. Please refer to our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "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. We may, for example, 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 the Terms and Conditions. You also represent and warrant that: (i) you own all Feedback content or have full rights thereto; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback. We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions. You represent that your Feedback does not infringe the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene statements and is free from computer viruses or other malware that could impair the operation of the Services or any associated website in any way. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally, information on or through 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 and 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 unlawful or malicious purposes; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or 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 discriminate against any of 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 and Conditions; (g) to transmit or cause the transmission 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 person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services, or that may, in our judgment, harm Cheers Presso, 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 may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and 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 thereof) at our sole discretion at any time and without notice. You will remain liable for all amounts due up to and including the 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, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general informational purposes. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly 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 their contents. EXCEPT AS EXPRESSLY STATED BY CHEERS PRESSO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, 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 GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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, CHEERS PRESSO, 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 INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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 OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Cheers Presso, 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 third parties, arising from (1) your breach of these Terms and Conditions 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 claims, provided that failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may direct the defense and settlement of any such claim at your expense, including the selection of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a determination.

SECTION 19 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. 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 and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT You may not transfer, assign, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be 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 and Conditions and any separate agreements pursuant to which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Cheers Presso is headquartered. You and Cheers Presso consent to the jurisdiction and personal jurisdiction of those courts.

SECTION 22 – HEADINGS The headings used in this agreement are included for convenience only and shall not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion 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 following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION If you have any questions about the Terms and Conditions, please contact us at info@cheerspresso.com.

Our contact information is listed below:

Presso Products GmbH & Co. KG Eduard-Schopf-Allee 1 28217 Bremen Email: info@cheerspresso.com Tel.: 015128943610 VAT ID: DE458718897 HRA: 30836 HB