Terms of service
OVERVIEW
Welcome to POCKET NINJA, a brand operated by Climball OHG.
The terms “we”, “us”, and “our” refer to Climball OHG.
Climball OHG operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalised shopping experience (the “Services”).
POCKET NINJA is hosted on Shopify, which enables us to provide these Services.
The following Terms and Conditions, together with the policies referenced herein (these “Terms” or “Terms and Conditions”), describe your rights and obligations when using our Services.
Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy [LINK].
If you do not agree to these Terms or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are of legal age in your country or region of residence and that you have given us consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services — including accessing or browsing our online shops, or purchasing products or services we offer — you may be asked to provide certain information, such as your email address and billing, payment, and shipping details.
You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorised to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities occurring under 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 display our products and services in our online shops as accurately as possible.
However, please note that colours or the appearance of products may vary depending on the device you use to access the shop and its display settings or configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or fully match the representations shown 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 any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you submit a purchase offer.
Climball OHG reserves the right, at its sole discretion, to accept or decline your order for any reason.
Your order is deemed accepted only once it has been confirmed by Climball OHG.
Acceptance of your order is subject to the receipt and successful processing of your payment.
Please review your order carefully before submission, as Climball OHG 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 contact you via the email address, billing address, and/or phone number provided when the order was placed.
Returns or exchanges of purchases are only possible in accordance with our Return Policy [LINK].
You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers are subject to change without prior notice.
The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation you receive by email.
Unless expressly stated otherwise, listed prices exclude taxes, shipping, handling, customs duties, or import fees.
Prices displayed in our online shops may differ from those in physical stores or in online or retail outlets operated by third parties.
We may, from time to time, offer promotions affecting pricing that are subject to different terms and conditions than these Terms.
In the event of a conflict between promotional terms and these Terms, the promotional terms will 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 and other information, including your email address, 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 provide is truthful, accurate, and complete;
(ii) you are authorised to use the card for purchases;
(iii) charges incurred by you will be honoured by your credit-card company; and
(iv) you will pay all charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays.
All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control.
Once the products are handed over to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including, without limitation, all trademarks, trade names, texts, graphics, images, photos, illustrations, product reviews, video and audio materials, and their overall design, selection, and arrangement—are the exclusive property of Climball OHG, its affiliates, or its licensors and are protected by international copyright, trademark, and other intellectual-property laws.
These Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Services for personal, non-commercial purposes only.
Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services.
Except as expressly provided herein, nothing in these Terms shall be construed as granting any licence or right to any patent, trademark, copyright, or other intellectual-property right of Climball OHG, Shopify, or any third party.
Unauthorised use of the Services may violate intellectual-property laws.
All rights not expressly granted are reserved by Climball OHG.
The names, logos, product and service names, designs, and slogans of POCKET NINJA are trademarks of Climball OHG or its licensors. You may not use such marks without prior written consent from Climball OHG.
The names and marks of Shopify are trademarks of Shopify Inc. All other names, logos, and marks appearing in the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to optional tools provided by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.
We assume no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms under which the tools are provided by the relevant third-party providers.
We may also offer new features, tools, or resources through the Services in the future. Any such new features shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or 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 you access at your discretion.
If you choose to leave the Services to visit such third-party sites, you do so entirely at your own risk.
We are not liable for any damage or loss arising from your access to third-party websites or your purchase or use of any products, services, resources, or content from third parties.
Please review the third-party’s policies and procedures and ensure that you understand them before engaging in any transaction.
Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Climball OHG operates the POCKET NINJA online store on the Shopify platform, which allows us to provide the Services.
All sales and purchases made through our store are transactions directly between you and Climball OHG.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the business relationship between you and Climball OHG, including any injuries, damages, or losses arising from products or services purchased.
You expressly release Shopify and its affiliates from any and all liability for claims, damages, or losses arising out of or relating to your transactions with Climball OHG.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy [LINK].
In addition, certain personal data may also be subject to Shopify’s own privacy policy, which can be reviewed on Shopify’s website.
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information about your access and use of the Services in order to operate and improve them.
Information you submit through the Services is shared with Shopify and other third-party providers, which may be located in countries other than your own, to enable us to provide the Services.
For more information about how we, Shopify, and our partners use your personal data, please review our Privacy Policy.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit to us any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
We may, for example, exercise our rights under this licence to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfil our obligations or exercise our rights under these Terms.
You represent and warrant that:
(i) you own or otherwise control all rights to your Feedback;
(ii) you have disclosed any compensation or incentives received in connection with the submission; and
(iii) your Feedback complies with these Terms.
We are not obliged to:
(1) treat Feedback as confidential;
(2) pay any compensation; or
(3) respond to any Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual-property rights or these Terms.
You warrant that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights; that it contains no unlawful, abusive, or obscene material; and that it is free from viruses or malware that could affect the operation of the Services.
You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of any Feedback.
You are solely responsible for the accuracy of your Feedback, and Climball OHG assumes 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 relating to product descriptions, pricing, promotions, offers, shipping costs, transit times, or availability.
We reserve the right to correct any such 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 access and use the Services only for lawful purposes.
You agree not to use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate international, federal, provincial, or local regulations or laws;
(c) to infringe upon or violate our intellectual-property rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any individual or group;
(e) to submit false or misleading information;
(f) to upload, download, or reuse material inconsistent with these Terms;
(g) to send or procure the sending of unsolicited advertising or promotional material (“spam”, chain letters, etc.);
(h) to impersonate any person or entity; or
(i) to engage in any behaviour that restricts or inhibits anyone’s use of the Services or that could harm Climball OHG, Shopify, or other users.
You further agree not to:
(a) upload or transmit viruses or malicious code;
(b) copy, duplicate, sell, resell, or exploit any part of the Services;
(c) collect or track personal information of others;
(d) engage in spamming, phishing, pharming, pretexting, scraping, or crawling; or
(e) interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time and without notice, at our sole discretion.
You 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 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided solely for general informational purposes.
We make no guarantees as to the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.
Unless expressly stated by Climball OHG, the Services and all products offered through them are provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, or non-infringement.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Climball OHG, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and the same of Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind—including lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages—arising from your use of the Services or any products purchased through them, or for any other claim related in any way to your use of the Services or any product, including but not limited to errors or omissions in content, or any loss or damage incurred as a result of the use of the Services or any content (or products) posted, transmitted, or otherwise made available.
This limitation applies whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Climball OHG, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, or demands (including reasonable attorneys’ fees) made by any third party due to or arising out of:
(1) your breach of these Terms or related documents;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby.
We may assume the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.
You agree to cooperate fully with us in the defence of any indemnifiable claim.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and Climball OHG 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, but not limited to, any prior versions of the Terms).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempted assignment without such consent shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations hereunder to any affiliate, successor, or acquirer without notice to you.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws and courts of the country in which Climball OHG has its registered office (Italy), without giving effect to any conflict-of-law principles.
You and Climball OHG agree to submit to the exclusive jurisdiction and venue of the competent courts at the registered seat of Climball OHG.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of any provision.
SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes. We will inform you of any material changes in accordance with applicable law.
Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to: info@pocket-ninja.com.
Company details:
Climball OHG
Reineggweg 3
39058 Sarnthein (BZ)
Italy
VAT / Tax ID: IT03081560215
Email: info@pocket-ninja.com