Terms of service

TERMS OF SERVICE

Welcome to Spellkast Olfaktiv! The terms "we", "us" and "our" refer to Spellkast Olfaktiv. Spellkast Olfaktiv operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a tailored shopping experience (the "Services"). Spellkast Olfaktiv is powered by Shopify, which enables us to provide the Services to you. 
The following terms and conditions, together with any policies referenced herein (these "Terms of Use" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as disclaimer of warranties and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you must not use or access our Services. 

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Use, 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 visiting or browsing our Web Store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all rights required to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our web stores. Please note, however, that colors or product appearance may differ from how they are displayed on your screen depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or reproduced in our web stores.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue products at any time and may limit the quantities of products we offer to individuals, geographic regions, or jurisdictions, from product to product.

SECTION 3 – ORDERS
When you place an order, it constitutes an offer from you to complete a purchase. Spellkast Olfaktiv reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Spellkast Olfaktiv confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Spellkast Olfaktiv may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy .
You represent and warrant that your purchases are for your own 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 notice. The price charged for a product or service is the price in effect at the time of the order and will be stated in your order confirmation email. Product prices include applicable VAT (tax). Shipping charges are displayed separately at checkout. Customs duties and import charges, where applicable, are addressed in our Shipping Policy.
Prices listed in our web store may differ from prices offered in physical stores or in online or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and which are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms shall apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use the credit card for purchases, (iii) charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by couriers, customs processing, or events beyond our control. Once we have handed products to the carrier, ownership and risk of damage passes to you.

SECTION 6 – INTELLECTUAL PROPERTY
All content available through our Services — including but not limited to trademarks, text, images, graphics, product imagery, audio, video, design, selection, and arrangement — is owned by or licensed to Spellkast Olfaktiv and is protected under Swedish and EU intellectual property law, including the Swedish Copyright Act (upphovsrättslagen), EU Directive 2019/790 on copyright in the Digital Single Market, and applicable trademark law.

These Terms permit you to access and use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

Nothing in these Terms grants you any licence or rights under any patent, trademark, copyright, or other intellectual property owned by Spellkast Olfaktiv, Shopify, or any third party, except as expressly stated herein. All rights not expressly granted are reserved.

The name, logo, product names, designs, and slogans of Spellkast Olfaktiv are our trademarks or those of our licensors. Unauthorised use is prohibited. Shopify's name and branding are trademarks of Shopify Inc. All other third-party trademarks remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we neither monitor nor have any control over or input to.
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 have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website 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 features through the Services (including the launch of new tools and resources). Such new features shall also be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party material or websites you choose to visit. If you choose to leave the Services to access such third-party material or websites, you do so at your own risk.
We are not responsible for any harm related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please 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
Spellkast Olfaktiv is powered by Shopify technology, which enables us to provide the Services to you. However, all sales and purchases you make in our Store are made directly with Spellkast Olfaktiv. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Spellkast Olfaktiv, including any damages, injuries, or losses resulting from purchases of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liability arising out of or related to your purchases and transactions with Spellkast Olfaktiv.

SECTION 10 – PRIVACY POLICY
Any personal information we provide through the Services is subject to our Privacy Policy, which can be read here, and certain personal information may be subject to Shopify's privacy policy, which can be read here. By using the Services, you acknowledge that you have read these privacy policies.
As Shopify hosts the Services, 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. Information you submit to the Services will be transferred to and shared with Shopify and third parties who may be located in countries other than where you reside, for the purpose of providing services to you. Please read our Privacy Policy for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit feedback, reviews, suggestions, or other content to us, you grant Spellkast Olfaktiv a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and distribute such content for any purpose, including to operate and improve the Services.

You confirm that you own or have the right to share any feedback you provide, and that it does not infringe any third party's rights or contain unlawful, harmful, or misleading content. We are under no obligation to keep feedback confidential, compensate you for it, or act on it.

We may monitor or remove content at our discretion.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in or on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, 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 USE
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to submit, knowingly receive, upload, download, use, or re-use 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 any other similar solicitation; (h) to impersonate or attempt to impersonate 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 Spellkast Olfaktiv, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use robots, spiders, scrapers, data collection and extraction tools, automated devices or processes, AI tools (such as agent-based AI), or automated or manual methods to access the Services; or (f) interfere with, circumvent, or override any security or authorization features, robot exclusion headers, or 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 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 deployment of an Agent to access, use, or interact with any of the Services. "Agent" means any software or service that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity and which may be performed on, or with the assistance of, a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it always identifies itself and acts in strict accordance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent 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 must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interactions are from an Agent, for example by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing bot filters or measures intended to distinguish computer use from human use; (iii) respond truthfully to any questions or instructions intended to determine whether interactions are from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, restrict, modify, or control whether and how Agents access, use, or interact with the 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 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 other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available for general informational 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.
EXCEPT AS EXPRESSLY STATED BY SPELLKAST OLFAKTIV, 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, WHETHER 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 WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

SECTION 17 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, SPELLKAST OLFAKTIV, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF TURNOVER, LOSS OF 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 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 Spellkast Olfaktiv, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising from (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or a third party's rights, or (3) your access to and use of the Services.
We will notify you of any indemnification claims, provided that failure to provide immediate notice does not relieve you of your obligations unless you are materially harmed. We may control the defence and settlement of such claims at your request, including the selection of counsel, but will not settle any claims requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defence of indemnification claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed severed from these Terms of Use, and 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 of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website or with respect to 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 of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or prior notice to you.

SECTION 22 – GOVERNING LAW
These Terms of Use and any separate agreements through which we provide you the Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which Spellkast Olfaktiv is headquartered. You and Spellkast Olfaktiv consent to venue and personal jurisdiction in such 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 – CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right at our sole discretion to update, change, or replace any part of these Terms of Use 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 stated in the notice. Your continued use of or access to the Services after any changes to these Terms of Use have been posted constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at info@studio-spellkast.com.
Our contact details are below:
STUDIO SPELLKAST AB 
info@studio-spellkast.com
LOTTERIVÄGEN 33, 129 32 STOCKHOLM, SWEDEN
559535-5859
SE559535585901