Terms of service
### OVERVIEW
Welcome to Practica AG! The terms “we,” “us,” and “our” refer to Practica AG. Practica AG operates this shop and this website, including all related information, content, functions, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Practica AG is powered by Shopify, which enables us to provide you with the Services.
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 represent that you are of legal age in the country or region where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the Services—including accessing or browsing our online shops 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 details. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You alone are responsible for the security of your account credentials and for all activities that occur under 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 shops as accurately as possible. However, colors or the appearance of products may vary depending on the device you use to access the shop, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
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 person, geographic region, or jurisdiction on a case-by-case basis.
### SECTION 3 – ORDERS
By placing an order, you submit a purchase offer. Practica AG reserves the right to accept or reject your order at its sole discretion for any reason. Your order is considered accepted only upon confirmation by Practica AG. Acceptance of your order requires receipt and processing of your payment. Please review your order carefully before submitting it, as Practica AG may no longer be able to honor cancellation requests after 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 phone number provided at the time of the order.
Returns or exchanges of your purchases are governed exclusively by our Return Policy.
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 – PRICES AND BILLING
Prices, discounts, and special offers may be changed without prior notice. The price charged for a product or service will be the price in effect at the time of the order and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, handling, customs, or import duties.
Prices displayed in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the Services that 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 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 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 true, correct, and complete, (ii) you are 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 fees and any applicable taxes.
### SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control. Once we hand over the products to the shipping provider, title and risk of loss pass to you.
### SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement—are owned by Practica AG, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services for your personal, non-commercial purposes only. 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, no provision of these Terms and Conditions grants you any license or other rights in patents, trademarks, copyrights, or other intellectual property of Practica AG, Shopify, or third parties, nor may 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 Practica AG.
The names, logos, product and service names, designs, and slogans of Practica AG are trademarks of Practica AG or its affiliates or licensors. You may not use such marks without the prior written permission of Practica AG. 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 gain access to third-party tools offered as part of the Services that 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 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 website is entirely at your own risk and discretion, and you are responsible for familiarizing yourself with and agreeing to the terms and conditions under which such tools are provided by the relevant third-party provider(s).
We may also offer new features in the future 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 reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you decide 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 harm or damages related to your access to third-party websites or the purchase or use of goods, services, resources, or content available on third-party websites. You should carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
### SECTION 9 – RELATIONSHIP WITH SHOPIFY
Practica AG is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our shop are concluded directly with Practica AG. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Practica AG, 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 obligations arising out of or related to your purchases and transactions with Practica AG.
### SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. 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.
Because 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 will be shared with Shopify and with third-party providers that may be located in countries other than your country of residence in order to provide the Services to you. Further information about how we, Shopify, and our partners use your personal data can be found in our Privacy Policy [LINK].
### SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use 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 further represent and warrant that: (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your Feedback as confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right (but not the obligation) to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.
You represent that your Feedback does not violate third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further represent that your Feedback does not contain libelous or otherwise unlawful, abusive, or obscene statements and is free from 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, pretend to be someone else, 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 Feedback posted by you or any third party.
### SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain 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, to change or update information, or to cancel orders 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 unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe 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 any other person; (e) to submit false or misleading information; (f) to upload or transmit material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services or that, in our judgment, may harm Practica AG, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that 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 spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (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 and Conditions.
### 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 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 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.
UNLESS EXPRESSLY STATED BY Practica AG, 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 GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
### SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Practica AG, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT 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 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 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Practica AG, 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, made by any third party arising out of (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 such indemnifiable claim, provided that failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defense and settlement of any such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any indemnified claim, 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 AND 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, 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 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 assign or transfer this agreement or any of 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.
### SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country in which Practica AG has its principal place of business. You and Practica AG agree to the jurisdiction and venue of the courts located in that country.
### SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and shall not affect these Terms and Conditions.
### SECTION 23 – CHANGES TO 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 become effective on the date stated 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 consumershop@belloo.com.
Our contact information is as follows:
Practica AG
consumershop@belloo.com
Bahnhofstrasse 20
6030 Ebikon, Switzerland
+41 41 259 20 60
CHE-105.547.312