Terms of service

OVERVIEW
Welcome to Kohlensäure.ch! The terms "we", "us" and "our" refer to Kohlensäure.ch. Kohlensäure.ch operates this store and website, including all associated information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). Kohlensäure.ch is powered by Shopify, which allows us to deliver these Services to you.
The following terms and conditions, as well as all guidelines referenced herein (these “General Terms and Conditions” or “Terms”), outline 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 warranty exclusions 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 of Service, you certify that you are at least the age of majority in the state or province of your residence, and that you have granted your consent for your minor dependents to use the services on devices that you own, purchase, or manage.
For the use of the services, including accessing our online shops, browsing through them, or those provided by us
to purchase the offered products and services, you may be asked for certain information, e. g. your email address, billing, payment and shipping details. You confirm that all information you provide in our stores is accurate, up to date and complete, and that you hold all necessary rights to provide this information.
You are solely responsible for the security of your login credentials and all activity associated with your account. You may not transfer, sell, assign, or license your account to any third parties.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. Please note, however, that the colors or appearance of the products may differ from how they appear on your screen, depending on the type of device you use to access the store, as well as your device's settings and configuration.
We make no warranty that the appearance or quality of the products or services you have purchased meets your expectations or matches the images and representations shown in our online stores.
All product descriptions may be modified at any time without prior 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 submitting an offer to purchase. Kohlensäure.ch reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once Kohlensäure.ch confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Kohlensäure.ch may not be able to accommodate cancellation requests after an order has been accepted. If we are unable to accept an order, need to modify it, or cancel it, we will attempt to notify you using the email address, billing address, and/or phone number you provided when placing your order.
The return or exchange of your purchases is exclusively subject to the terms of our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal use or household use, and not for commercial resale or export.
SECTION 4  – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for any product or service is the price in effect at the time you submit your order, and will be listed in your order confirmation email. Unless explicitly stated otherwise, the listed prices do not include taxes, shipping costs, processing fees, customs duties, or import charges.
The prices stated in our online stores may differ from the prices in our physical brick-and-mortar stores, or in online stores and other shops operated by third-party providers. 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 promotion terms shall take precedence.
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 information and all other relevant data, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
You warrant and represent that (i) the credit card details you provide are true, accurate and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the charges you incur will be honored by your credit card issuer, and (iv) you will pay all incurred charges at the stated prices, including shipping and processing fees, as well as any applicable taxes that may apply.
SECTION 5  – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are only estimates and not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events outside of our control. Once we hand over the goods to the shipping carrier, ownership and risk of loss pass to you.
SECTION 6  – INTELLECTUAL PROPERTY
Our services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Kohlensäure.ch, its affiliated companies, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These terms 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 any of the materials on the services, or create derivative works from them. Unless explicitly stated otherwise herein, nothing in these terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Kohlensäure.ch, Shopify, or any third party, nor may it be construed as a grant of a license or other right. Unauthorized use of the services may constitute a violation of federal and state intellectual property laws. All rights not explicitly granted herein are reserved by Kohlensäure.ch.
The names, logos, product and service names, designs, and slogans of Kohlensäure.ch are trademarks of Kohlensäure.ch or its affiliated companies or licensors. You may not use these trademarks without the prior written approval of Kohlensäure.ch. 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 featured on the Services are trademarks of their respective holders.
SECTION 7  – OPTIONAL TOOLS
You may gain access to customer tools offered by third-party providers as part of the services. We do not monitor these tools, and have no control or influence over them whatsoever.
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 assume no liability whatsoever for any damages arising from or in connection with your use of optional third-party tools.
Any use you make of the optional tools offered through the website is entirely at your own risk and at your sole discretion. You should therefore familiarize yourself with and accept the terms of use of the relevant third-party tools.
We may also offer new features through the Services going forward (including the release of new tools and resources). Any such new features will also be considered part of the Services and subject to these Terms of Service.
SECTION 8  – EXTERNAL LINKS
The Services may contain materials and hyperlinks to websites that are provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing 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 damages associated with your access to external websites, or your purchase or use of products, services, resources, or content available on external websites. Please carefully review the third-party provider's policies and procedures, and ensure you fully understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.
SECTION 9  – RELATIONSHIP WITH SHOPIFY
[NOTE FOR THE MERCHANT: This section correctly describes the relationship between Shopify and your store and should not be removed or modified.]
Kohlensäure.ch is operated on Shopify, which allows us to provide you with our services. However, all sales and purchases you make in our store are conducted directly with Kohlensäure.ch. By using the services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Kohlensäure.ch, including any injuries, damages, or losses resulting from the purchase of products and services. You hereby explicitly release Shopify and its affiliated companies from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with Kohlensäure.ch.
SECTION 10  – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which here can be viewed. By using the services, you confirm that you have read these privacy policies.
Since the services are hosted by Shopify, Shopify collects and processes personal data related to 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 transmitted to Shopify as well as third-party providers, who may be located in a different country than your country of residence, and shared with them to provide you with services. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11  – FEEDBACK
When you send, upload, publish, submit via email, or otherwise transmit ideas, suggestions, feedback, reviews, 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 this Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote our services, as well as to fulfill our obligations and exercise our rights we hold under these Terms of Service.
You further warrant that: (i) you own or hold all required rights to all Feedback; (ii) you have disclosed all compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these terms. We are and remain under no obligation to: (1) treat your Feedback as confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, slanderous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any party's intellectual property rights or violates these General Terms and Conditions, though we are under no obligation to do so.
You agree that your feedback will not infringe on any third-party rights. This includes copyrights, trademark rights, data protection rights, personality rights, and any other individual or proprietary rights. Furthermore, you agree that your feedback will not contain defamatory or otherwise unlawful, offensive, or obscene statements, nor will it include computer viruses or other malware that could impair the operation of the Services or any associated website in any way. You are not permitted to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of submitted feedback. You bear sole responsibility for all feedback you provide and for its accuracy. We accept no responsibility or liability whatsoever for feedback published by you or any third parties.
SECTION 12  – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).
SECTION 13  – PROHIBITED USES
You may only use the Services for lawful purposes. You may not access or use the Services, either directly or indirectly, for the following purposes: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure our employees or any other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or cause the sending of any advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to otherwise engage in conduct that restricts or interferes with other users' use or enjoyment of the Services, or that in our assessment could harm Kohlensäure.ch, Shopify, or Services users, or expose them to liability.
Furthermore, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that are or could be used in a manner that impairs the functionality or operation of the Services; (b) reproducing, duplicating, copying, extracting, selling, reselling, or otherwise exploiting any portion of the Services; (c) collecting or tracking the personal data of other users; (d) misusing the Services for spam, phishing, pharming, or pretexting; (e) using robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g.  agentic AI) or any other automated or manual means to access the Services; or (f) interfering with, circumventing, or manipulating security or authorization features, robot exclusion headers, or other measures we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine you have violated any portion of these terms.
SECTION 14  – AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or arrange for the deployment of an agent to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person, and which may be executed on behalf of a person or using that person's device without direct supervision.
14.2 No agent may access, use, or interact with the services unless they identify themselves at all times and act in strict accordance with the requirements outlined in Section 14.4 below. Furthermore, no agent is permitted to access, use, or interact with the services if we have instructed them to refrain from accessing, using, or interacting with any service.
14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses, and interacts with the Services.
14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an agent, and disclose the agent's name by including the following in the request's User-Agent string: "Agent/[Agent name]". (ii) may not hide or obscure that accesses, uses, or interactions come from an agent, for example by (a) imitating human behaviors and interaction patterns or (b) solving or bypassing CAPTCHAs or measures intended to distinguish computer usage from human usage; (iii) must respond truthfully to questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) may not circumvent or otherwise avoid measures intended to prevent, restrict, modify, or control whether 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 part thereof) at our sole discretion at any time without prior notice, and you will remain obligated to pay all amounts due up to and including the termination date.
The following sections remain in full effect even after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability Clause, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and all other provisions that by their nature are intended to survive beyond termination.
SECTION 16  – WARRANTY DISCLAIMER
The information provided on or through the services is intended solely for general informational purposes. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from reliance on these materials by you, other visitors to the services, or third parties who gain knowledge of their content.
UNLESS EXPLICITLY SPECIFIED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED VIA THE SERVICES ARE MADE AVAILABLE TO YOU FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, IN A TIMELY MANNER, SECURELY OR FREE OF ERRORS. SOME JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIABILITY EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17  – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, EXECUTIVE EMPLOYEES, STAFF, AFFILIATED COMPANIES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY TYPE OF INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE ALLEGED TO ARISE FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, RESULTING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS AND OMISSIONS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18  – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kohlensäure.ch, Shopify, and our affiliated companies, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all losses, damages, liabilities, or claims, including reasonable attorney's fees, asserted against third parties arising from or in connection with: (1) your breach of these General Terms and Conditions or the documents incorporated by reference herein, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that delayed notification does not release you from your obligations, unless such a delay would result in significant disadvantage for you. We may control the defense and settlement of any such claim at your cost, including selecting legal counsel, but we will not settle any claim that requires you to assume non-monetary obligations without your consent (which may not be unreasonably withheld). You will cooperate in the defense against indemnification claims, including by providing all relevant documentation.
SECTION 19  – SEVERABILITY CLAUSE
If any provision of these General Terms and Conditions is found to be unlawful, invalid, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.
SECTION 20  – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of that right or provision.
These General Terms and Conditions, together with all policies or operating rules that we publish on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, regardless of whether these were made orally or in writing (this applies inter   alia, including to previous versions of these General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the party that drafted this document.
SECTION 21  – ASSIGNMENT
You may not delegate, assign, or transfer this contract or your rights and obligations under these terms and conditions without our prior written consent; any such attempt is 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  – APPLICABLE LAW
These General Terms and Conditions, as well as all separate agreements under which we provide services to you, are governed by and shall be interpreted in accordance with the law applicable to the federal, state, or territorial courts located at the registered seat of Kohlensäure.ch. You and Kohlensäure.ch agree to the personal and venue jurisdiction of these courts.
SECTION 23  – HEADINGS
The headings used in this agreement are included solely for ease of reference, and do not limit these terms or otherwise affect them in any way.
SECTION 24  – CHANGES TO THE GENERAL TERMS AND CONDITIONS
The latest version of the General Terms and Conditions can be viewed on this page at any time.
We reserve the right to update, amend, or replace portions of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to regularly review our website for revisions. We will notify you of all material changes to these terms in accordance with applicable law, and these changes will take effect on the date specified in the notification. By continuing to use or access the Services after changes to these Terms of Service have been posted, you agree to be bound by those changes.
SECTION 25  – CONTACT INFORMATION
Please send any questions regarding the General Terms and Conditions to thetech0349@gmail.com.