Terms of service
OVERVIEW
Welcome to mountain-green! The terms “we,” “us,” and “our” refer to mountain-green. mountain-green operates this shop and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a personalized shopping experience (the “Services”). mountain-green is powered by 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 warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. 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 represent that you are of legal age in your state or province of residence, or that you have given us your consent to allow your minor dependents to use the Services on devices you own, purchased, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping 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 maintaining the security of your account login information and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that colors or the appearance of products may vary from those displayed on your screen due to the device you use to access the store and its settings and configuration.
We do not guarantee 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 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 we offer to any person, 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. mountain-green reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not deemed accepted until confirmed by mountain-green. Acceptance of your order is subject to receipt and processing of your payment. Please carefully review your order before submitting it, as mountain-green 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 you provided at the time of order.
Returns or exchanges of your purchases are strictly in accordance with our right of withdrawal policy [LINK].
You represent and warrant that your purchases are intended for your personal use or use within your household and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers 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 reflected in your order confirmation email. Unless expressly stated otherwise, prices listed do not include taxes, shipping, handling, customs duties, 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. From time to time, we may offer promotions for the Services that affect pricing and are subject to terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.
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 and 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 true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. 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 over the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, illustrations, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are the property of mountain-green, 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 your personal, non-commercial purposes. Except as expressly provided herein, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants you any license or other rights under any patents, trademarks, copyrights, or other intellectual property of mountain-green, Shopify, or any third party, nor shall any such grant be implied. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by mountain-green.
The names, logos, product and service names, designs, and slogans of mountain-green are trademarks of mountain-green or its affiliates or licensors. You may not use such marks without the prior written permission of mountain-green. 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 appearing on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be granted access to customer tools offered by third parties as part of the Services, which we neither monitor nor 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 any liability arising from or related to your use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and approving the terms on which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be 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 examining or evaluating the content or accuracy of materials or third-party websites you choose to access at your discretion. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of goods, services, resources, or content on third-party websites. You should carefully review the policies and practices of the third party and ensure you understand them 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 Shopify’s relationship with your store and should not be removed or altered.]
mountain-green is powered by Shopify, enabling us to provide you with the Services. However, all sales and purchases you make in our store are entered into directly with mountain-green. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and mountain-green, including any 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 mountain-green.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which is available here [LINK]. In addition, certain personal data may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding 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 third-party providers, who may be located in countries other than the country where you reside, to provide the Services to you. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise send ideas, suggestions, feedback, reviews, proposals, 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 use. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, expand, and promote the Services, to fulfill our obligations, and to exercise our rights under these Terms.
You further represent and warrant that: (i) you own all rights in and to the Feedback or otherwise have full rights to provide it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain the confidentiality of your Feedback; (2) pay any 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, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates intellectual property rights or these Terms.
You represent that your Feedback does not violate the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further represent that your Feedback does not contain libelous or otherwise unlawful, abusive, or obscene material and is free of 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 as to the origin of your Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate 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 if any information in the Services is inaccurate at any time 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 any unlawful or malicious purpose;
(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 person;
(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 solicit the sending of advertising or promotional materials, including “junk mail,” chain letters, “spam,” or other similar solicitations;
(h) to impersonate another person or entity, or to attempt to do so;
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm mountain-green, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services;
(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;
(e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate 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 these Terms or your access to the Services (or any portion thereof) at our sole discretion at any time 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 all other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general information purposes only. We make no warranty as to its accuracy, completeness, or usefulness. Your reliance on such information is entirely 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 any of its contents.
EXCEPT AS EXPRESSLY STATED BY mountain-green, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER 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, mountain-green, 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 ANY 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 ANY 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 CLAIM 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 THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless mountain-green, 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 attorney’s fees, payable to third parties arising out of (1) your breach of these Terms and Conditions or any 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 give prompt notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such a claim at your expense, including selection of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
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 respect of 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, without limitation, 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 these Terms or any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted transfer, assignment, or delegation in violation of this provision 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 under which we provide you Services shall be governed by and construed in accordance with the federal and state or territorial laws and courts of the country in which mountain-green has its principal place of business. You and mountain-green agree to submit to the jurisdiction and personal venue of those courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise 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, 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. 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 constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at office@innomatic.ai.
Our contact details are as follows:
innomatic.at Gmbh
office@innomatic.ai
Am Corso 25-27/Top 14a
9220 Velden Am Wörthersee
Company Registration Number: FN 613361 b
ATU79910116