Terms of service

OVERVIEW
Welcome to Pircher Bambum! The terms “we”, “us” and “our” refer to Pircher Bambum. Pircher Bambum operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Pircher Bambum is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, as well as all policies referenced herein, describe your rights and obligations when using the Services (these “General Terms and Conditions” or “Terms”).
Please read these General Terms and Conditions carefully as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.
By visiting or using our Services or interacting with our Services, you agree to these General Terms and Conditions and our Privacy Policy (Privacy Policy – Pircher Bambum). 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 the state or province of your residence and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, purchase or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing the products and services we offer, you may be asked to provide certain information such as your email address and billing, payment and shipping information. You represent that all information you provide in our stores is correct, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any third party.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately 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 settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the images or descriptions shown in our online stores.
All product descriptions may be changed 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 any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you submit an offer to purchase. Pircher Bambum reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until Pircher Bambum confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it as Pircher Bambum may no longer be able to consider cancellation requests once the order has been accepted. If we do not accept an order or if we change or cancel it, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.
The return or exchange of your purchases is governed exclusively by the provisions of our withdrawal policy (Withdrawal Policy – Pircher Bambum).
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping charges, handling fees, customs duties or import charges.
The prices shown in our online stores may differ from the prices in our physical stores or in online stores and other shops operated by third parties. From time to time we may offer promotions in connection with our Services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) the 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 charges as well as any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance or events beyond our control. Once we hand 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 and their design, selection and arrangement, are the property of Pircher Bambum, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal and non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any of the materials on the Services. Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright or other intellectual property of Pircher Bambum, Shopify or any third party or may be construed as granting a license or other right. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Pircher Bambum.
The names, logos, product and service names, designs and slogans of Pircher Bambum are trademarks of Pircher Bambum or its affiliates or licensors. You may not use these trademarks without the prior written permission of Pircher Bambum. 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 trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access as part of the Services to customer tools offered by third parties. We do not monitor these tools and we have no control over or input into 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 for any damages arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk and discretion. You should therefore make sure that you are familiar with and approve of the terms on which the relevant third-party tools are provided.
We may also in the future offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be 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 functions. 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 such third-party materials or websites, you do so at your own risk.
We are not liable for damages relating to your access to external websites or your purchase or use of products, services, resources or content on external websites. Please review the third party’s policies and procedures carefully 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 relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section correctly describes the relationship between Shopify and your store and should not be removed or changed.]
Pircher Bambum is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases that you make in our store are made directly with Pircher Bambum. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Pircher Bambum, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or relating to your purchases and transactions with Pircher Bambum.

SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here (Privacy Policy – Pircher Bambum), and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge 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 that you submit to the Services is transmitted to and shared with Shopify as well as with third parties that may be located in a country other than your country of residence in order to provide services to you. For more information about how we, Shopify and our partners use your personal data, please see our Privacy Policy (Privacy Policy – Pircher Bambum).

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 and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including 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 General Terms and Conditions.
You further represent that: (i) you own or otherwise control all of the rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no 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 General Terms and Conditions.
You agree that your Feedback will not violate any rights of any third party. This includes copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and 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 use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes: (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, disparage, intimidate or injure 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 any similar unsolicited messages; (h) to impersonate or attempt to impersonate any 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 Pircher Bambum, Shopify or users of the Services or expose them to liability.
In addition, 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 otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data mining and extraction tools, automatic devices or processes, AI tools (for example agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or manipulate the security or authorization features, the robot exclusion header or any other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice 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, allow, enable or cause an agent to be used to access, use or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or under the instruction of a natural or legal person and that may run on behalf of a person or using a person’s device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have instructed it to cease accessing, using or interacting with a Service.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.
14.4 Agents: (i) must state in all HTTP/HTTPS requests that the request comes from an Agent and disclose the Agent’s name by including the following in the request’s User-Agent string: “Agent/[Agent name]”; (ii) must not conceal or obscure the fact that access, use or interactions come from an Agent, for example by (a) imitating human behaviors and interaction patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must answer truthfully any questions or prompts intended to determine whether interactions come from a human or a computer; (iv) must 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 any time in our sole discretion and without notice and you will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all 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 informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is solely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitors to the Services or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “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, 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 EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY 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, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH 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 PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pircher Bambum, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, asserted by any third party due to or arising out of (1) your breach of these General Terms and Conditions or the documents they incorporate 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 will notify you of any indemnifiable claim, provided that a delay in notification will not relieve you of your obligations unless it materially prejudices you. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY
If any provision of these General Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision shall nevertheless 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 a 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 General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions together with any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including without limitation any prior versions of the 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
Without our prior written consent, you may not delegate, assign or transfer this agreement or your rights and obligations under these Terms. Any attempted delegation, assignment or transfer is 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 and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the jurisdiction of the federal, state or territorial courts located at the seat of Pircher Bambum. You and Pircher Bambum consent to the local and personal jurisdiction of 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 THE GENERAL TERMS AND CONDITIONS
The most current version of the General Terms and Conditions can always be viewed on this page.
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 in accordance with applicable law of any material changes to these Terms and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these General Terms and Conditions are posted, you agree to those changes.

SECTION 25 – CONTACT INFORMATION
Questions about the General Terms and Conditions should be sent to pircher.bambu@gmail.com.
Our contact details are listed below:
Pircher Manfred
Via Marconi 60
39055 Laives BZ
Email: pircher.bambu@gmail.com
Telephone: +39 3474656105