Terms of service

OVERVIEW
Welcome to Athlonix! The terms "we," "us," and "our" refer to Athlonix. Athlonix 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"). Athlonix is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, along with all policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting or using our Services, or by 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 and Conditions, you confirm that you are at least of legal age in the state or province of your residence and that you have given us your consent for your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online shops or to purchase products and services offered by us, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You confirm that all information you provide in our shops is accurate, current, and complete, and that you hold all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and for all activities in 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 accurately represent our products and services in our online shops. Please note, however, that the colors or appearance of products may differ from their 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 make no guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the images or representations in our online shops.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue 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. Athlonix reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until Athlonix confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Athlonix may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of ordering.
The return or exchange of your purchases is governed exclusively by the provisions 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 – PRICES 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 the order is placed and will be listed in your order confirmation email. Unless expressly stated otherwise, stated prices do not include taxes, shipping charges, handling fees, customs duties, or import levies.
Prices listed in our online shops may differ from prices in our physical stores or in online shops and other stores operated by third parties. We may from time to time 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 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 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) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and 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 accept 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 trade names, trademarks, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Athlonix, 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. 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 materials on the Services. 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 Athlonix, Shopify, or any third party, nor shall anything be construed as granting such a license or 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 Athlonix.
The names, logos, product and service names, designs, and slogans of Athlonix are trademarks of Athlonix or its affiliates or licensors. You may not use these marks without the prior written permission of Athlonix. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access through the Services to customer tools offered by third-party providers. We do not monitor these tools and have no control over or influence on 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 accept no liability for any damages arising from or related 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 therefore ensure that you are familiar with and approve of the terms governing such third-party tools.
We may also 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 subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of materials or third-party 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 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's policies and procedures and ensure 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 accurately describes the relationship between Shopify and your shop and should not be removed or altered.]
Athlonix is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with Athlonix. By using the Services, you acknowledge that Shopify bears no responsibility for any aspect of sales between you and Athlonix, including any injuries, damages, or losses arising 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 Athlonix.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
As 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 is transmitted to and shared with Shopify and 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. We may, for example, exercise the 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 that: (i) you own or control all rights in and to all 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 remain under no obligation to (1) maintain any Feedback in confidence; (2) pay you any compensation for your Feedback; or (3) respond to any Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions.
You agree that your Feedback will not violate any rights of third parties, including copyrights, trademarks, privacy rights, personality rights, or any other individual or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements, nor will it contain computer viruses 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, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for any Feedback posted 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, prices, 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 at any time without prior notice if any information in the Services is inaccurate (including after your order has been submitted).

SECTION 13 – PROHIBITED USES
You may only use the Services 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, 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 our employees or 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 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 any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Athlonix, 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 could 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) use the Services for spam, phishing, pharming, or pretexting; (e) use robots, spiders, scrapers, data collection and extraction tools, automated devices or processes, AI tools (e.g., agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authorization features, robot exclusion headers, 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 notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies when you use, permit, enable, or cause 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 may be executed on a person's behalf 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. Furthermore, no agent is permitted to access, use, or interact with the Services if we have directed it to cease accessing, using, or interacting with a 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 name of the agent by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) must not conceal or obscure that access, use, or interactions originate from an agent, for example by (a) mimicking human behaviors and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must truthfully respond to any questions or prompts designed to determine whether interactions originate 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 our sole discretion at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We make no representations as to 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 visitor to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 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, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, 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 PRODUCTS PURCHASED THROUGH THE SERVICES, OR IN CONNECTION WITH ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO 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 VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Athlonix, 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, asserted by third parties 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 any third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that delayed notification shall not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but shall not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is 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 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 Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules we post on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these 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 such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations hereunder without your consent or notice to you.

SECTION 22 – GOVERNING LAW
These 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 laws of the federal and state or territorial courts located at Athlonix's place of business. You and Athlonix 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 TERMS AND CONDITIONS
The most current version of the Terms and Conditions is available for review at any time on this page.
We reserve the right to update, change, or replace any part of these 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 as required by applicable law, 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 Terms and Conditions have been posted, you agree to those changes.

SECTION 25 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to:
Info@athlonix.de
Our contact details are listed below:
Athlonix e. K.
Info@athlonix.de
Lüdersring 105B
22547 Hamburg
040 36946689
VAT ID: DE458736707