Terms and Conditions
OVERVIEW
Welcome to Ink Culture Co.! The terms “we,” “us,” and “our” refer to Ink Culture Co.. Ink Culture Co. operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Ink Culture Co. is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, as well as all 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 disclaimers of warranties 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 your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online shops or purchasing the products and services we offer, you may be asked for certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your login credentials and for all activities that occur under 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 represent our products and services in our online shops. However, please note that the colors or appearance of the products may vary from what is displayed on your screen, depending on the type of device you use to access the shop, as well as your device's 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 in our online shops.
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 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. Ink Culture Co. reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until Ink Culture Co. confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Ink Culture Co. may not be able to accommodate cancellation requests once 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 phone number provided with the order.
The return or exchange of your purchases is exclusively subject to the provisions of our Returns Policy [LINK].
You represent and warrant that your purchases are for your personal use or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Pursuant to § 19 UStG (German VAT Act), no VAT is charged.
Prices, discounts, and promotions are subject to change 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 your order confirmation email. Unless expressly stated otherwise, the prices listed do not include taxes, shipping costs, handling fees, customs duties, or import duties.
The prices listed in our online shops may differ from the prices in our physical stores or in online shops and other shops operated by third parties. We may offer promotions related to our Services from time to time, which may affect pricing and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account information and other data, 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 supply 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 charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
We accept the following payment methods: credit card, PayPal, Klarna (instant transfer, invoice, installment plan), and other payment methods offered via Shopify Payments. When using Klarna or PayPal, the respective terms of use of the provider also apply. Ink Culture Co. assumes no liability for disruptions, delays, or errors caused by third-party payment services.
SECTION 5 – SHIPPING AND DELIVERY
We will not be liable for shipping and delivery delays. All shipping times are estimates only and are not guaranteed. We will not be responsible for any delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss for all products ordered by you will pass to you upon our shipment to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, text, advertisements, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement, are owned by Ink Culture Co., its affiliates, or its licensors and are protected by United States and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, without our prior written consent. Except as expressly set forth herein, nothing contained in these Terms grants or is to be construed as granting, by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright, or other intellectual property or proprietary right of Ink Culture Co., Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ink Culture Co.
The Ink Culture Co. name, logos, product and service names, designs, and slogans are trademarks of Ink Culture Co. or its affiliates or licensors. You must not use such marks without the prior written permission of Ink Culture Co. 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 the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access these third-party materials or 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 the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your Store, and should not be removed or amended.]
Ink Culture Co. is powered by Shopify, allowing us to provide the Services to you. However, all sales and purchases you make on our store are made directly with Ink Culture Co. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Ink Culture Co., including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Ink Culture Co.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which may be found [LINK] here, and certain personal information may be subject to Shopify’s Privacy Policy, which may be found here. By using the Services, you acknowledge that you have read such Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to provide and improve the Services to you. Data you submit to the Services will be transferred and shared with Shopify, as well as third parties, who may be located in a country different from your country of residence, in order to provide you with services. To learn more about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK] .
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (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 for commercial purposes. For example, we may use our rights in this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own or otherwise control all of the rights to all Feedback; (ii) you have disclosed any compensation or incentive received from the submission of your Feedback; and (iii) your Feedback conforms to these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make 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 on at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services for the following purposes: (a) for any unlawful or malicious purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate Ink Culture Co., a Ink Culture Co. employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Ink Culture Co., Shopify, or users of the Services, or expose them to liability.
In addition to the foregoing, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect 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) to spam, phish, pharm, pretext, spider, crawl, or scrape; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automated device, or process, AI tools (e.g., agentic AI), or manual process to access the Services; or (f) interfere with or circumvent the security or authorization features, robot exclusion header, or any 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 notice for violating any of the prohibited uses.
SECTION 14 – AGENTS
14.1 This Section (“Agent Terms”) applies where you use, allow, enable, or cause an Agent to access, use, or interact with any Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf or at the direction of a natural or legal person and that may be run 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 is permitted to access, use, or interact with any Services if we have requested that it cease accessing, using, or interacting with a Service.
14.3 We may, including by technical means, restrict if and how an Agent accesses, uses, and interacts with the Services.
14.4 Agents: (i) must, in all HTTP/HTTPS requests, declare that the request originates from an Agent and disclose the name of the Agent by including the following in the User-Agent string of the request: “Agent/[Agent Name]”. (ii) must not conceal or disguise the fact that access, use, or interactions originate from an Agent, for example by (a) mimicking human behaviors and interaction patterns; or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer from human usage; (iii) must respond truthfully to questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid any measures intended to prevent, restrict, modify, or control if and 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 portion thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any 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 which by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 any of its contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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 GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING 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 PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ink Culture Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service 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 or use of the Services.
We will notify you of any indemnifiable claim, provided that any delay in notification will not relieve you from your obligations hereunder except to the extent that you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim that requires you to pay money or admit liability without your consent (which will not be unreasonably withheld).You assist in the defense against claims for compensation, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any 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 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 delegate, assign or transfer this Agreement or your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may assign, transfer or delegate these Terms and Conditions and our rights and obligations without your consent or notification to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts located in the jurisdiction of Ink Culture Co. You and Ink Culture Co. agree to the local and personal jurisdiction of these courts. These Terms and Conditions are governed by the laws of the Federal Republic of Germany.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@inkculturewear.com.
Our contact information is posted below:
Ink Culture Co.
info@inkculturewear.com
Site 1 a
99955 Bad Tennstedt