Terms of service
OVERVIEW
The following terms and conditions, as well as all policies referenced herein (these "General Terms and Conditions" or "Terms"), describe your rights and obligations when using the services.
Please read these General Terms and Conditions carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our services, or by interacting with our services, you agree to these General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions or the Privacy Policy, you should not use or access our services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these General Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the services on devices that you own, purchase, or manage.
For the use of the services, including accessing or browsing our online shops or the services provided by us
offered products and services, you may be asked to provide certain information, e. g., your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you possess all necessary rights to provide such information.
You bear sole responsibility for the security of your login credentials and for all activities within your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
Every effort has been made to accurately represent our products and services in our online shops. Please note, however, that the colors or appearance of the products may differ from the representation 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 any products or services purchased by you 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. Lagovera reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until Lagovera confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Lagovera may not be able to accommodate cancellation requests once the order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time the order was placed.
The return or exchange of your purchases is subject exclusively to the provisions of our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal 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 a product or service shall be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless explicitly stated otherwise, the prices quoted do not include taxes, shipping costs, handling fees, customs duties, or import charges.
The prices stated in our online shops may differ from the prices in our physical stores or in online shops and other stores operated by third-party providers. We may offer promotions in connection with our services from time to time, which may affect pricing and for which separate terms and conditions apply. In the event of a conflict between the terms of a promotion and these terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our 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.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are merely estimates and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed the goods over 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, brands, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Lagovera, its affiliates, 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. You must not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of any of the materials on the services without our prior written consent. Except as expressly provided herein, nothing in these terms grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Lagovera, Shopify, or any third-party provider, nor shall it be construed as granting any license or other right. Unauthorized use of the services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Lagovera.
The Lagovera names, logos, product and service names, designs, and slogans are trademarks of Lagovera or its affiliates or licensors. You may not use such marks without the prior written permission of Lagovera. 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
You may be granted access to third-party customer tools through the services. We do not monitor these tools, nor do we have any control or influence over them.
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. 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).
Furthermore, we may offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these General Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that 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 damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the third-party provider's policies and procedures and ensure you understand them before entering into 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
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
Lagovera is powered by Shopify, which enables us to provide the services to you. However, all sales and purchases you make in our shop are conducted directly with Lagovera. By using the services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Lagovera, including any injuries, damages, or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Lagovera.
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.
As 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 that you submit to the services will be transmitted and shared with Shopify as well as third-party providers, who may be located in a country other than your country of residence, in order to provide 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 send, upload, post, email, or otherwise submit 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 for commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own or otherwise control all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay you any 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 third-party rights. This includes copyrights, trademarks, privacy rights, personality rights, or any other individual or proprietary rights. Furthermore, you agree that your feedback will not contain any defamatory or otherwise unlawful, offensive, or obscene statements, nor will it contain computer viruses or other malware that could in any way impair the operation of the Services or any related website. You are not permitted to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any feedback. You bear sole responsibility for any feedback you provide and for its accuracy. We assume no responsibility or liability for feedback published by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within 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, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
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 violate any international, federal, provincial, or state regulations, rules, laws, or local 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 harm our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure 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 another natural or legal person; or (i) to otherwise engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Lagovera, Shopify, or users of the Services or expose them to liability.
Furthermore, you agree to refrain from the following: (a) uploading or transmitting viruses or any other type of malicious code that is or could be used in a manner that affects the functionality or operation of the Services; (b) reproducing, duplicating, copying, extracting, selling, reselling, or otherwise exploiting any part of the Services; (c) collecting or tracking the personal data of others; (d) abusing the Services with spam, phishing, pharming, or pretexting; (e) using robots, spiders, scraping tools, data collection and extraction tools, automatic devices or processes, AI tools (e.g. agentic AI), or any automated or manual means to access the Services; or (f) interfering with, bypassing, or manipulating the security or authorization features, the robot exclusion header, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the use 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 that can be executed 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 they identify themselves at all times and act in strict accordance with the requirements in Section 14.4 below. Furthermore, no Agent is permitted to access, use, or interact with the Services if we have requested that they refrain from accessing, using, or interacting with any Service.
14.3 We may restrict, including through technical measures, 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 name of the agent by including the following in the User-Agent string of the request: "Agent/[Agent Name]". (ii) may not hide or obscure that access, use, or interactions originate from an agent, for example by (a) mimicking human behavior and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts aimed at determining whether interactions originate from a human or a computer; (iv) may not bypass 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 any time without notice at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall 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 provided on or through the Services is for general information purposes only. 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 [HÄNDLER], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 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 LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, THEREFORE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT 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, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY 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 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lagovera, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of or in connection with (1) your breach of these Terms and Conditions or the documents incorporated herein by reference, (2) your violation of any applicable law or the rights of a third party, or (3) your access to and use of the Services.
We shall notify you of any indemnifiable claim, provided that a delay in notification shall not relieve you of your obligations unless it results in significant prejudice to you. We may control the defense and settlement of such a claim at your expense, including the choice of counsel; however, we shall not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense against indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY CLAUSE
Should any provision of these General Terms and Conditions be found 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 General Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – 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.
Diese Allgemeinen Geschäftsbedingungen stellen gemeinsam mit allen Richtlinien oder Betriebsvorschriften, die wir auf dieser Website oder in Bezug auf den Service veröffentlichen, die gesamte Vereinbarung und Übereinkunft zwischen Ihnen und uns dar und regeln Ihre Nutzung des Services. Sie ersetzen alle vorherigen oder gleichzeitigen Vereinbarungen, Mitteilungen und Vorschläge zwischen Ihnen und uns, wobei es gleichgültig ist, ob diese in mündlicher oder schriftlicher Form erfolgt sind (dies gilt u. a. auch für vorherige Versionen der Allgemeinen Geschäftsbedingungen).
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 agreement or your rights and obligations under these terms without our prior written consent; any such attempt shall be null and void. We may assign, transfer, or delegate these terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These General Terms and Conditions, as well as any separate agreements under which we provide services to you, shall be governed by and construed in accordance with the jurisdiction of the federal and state or territorial courts at the registered office of Lagovera. You and Lagovera hereby consent to the local and personal jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – AMENDMENTS TO THE TERMS AND CONDITIONS
The most current version of the General Terms and Conditions can be viewed on this page at any time.
We reserve the right to update, change, or replace any part of these General Terms and Conditions at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the services following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Please send any questions regarding the General Terms and Conditions to tasteofitaly@gmx.at.
You can find our contact details below:
Taste of Italy GmbH
Limited Liability Company
Kitzsteinhornstraße 19
5700 Zell am See
