AGB

OVERVIEW

Welcome to enecess!

The terms "we", "us" and "our" in these Terms refer to Genatronik GmbH, the operator of this online store.

The enecess brand, website, products, software, firmware, documentation, technical materials, trademarks and other intellectual property are owned by Cyberiot Technology Co., Ltd. or its affiliated companies and are used by Genatronik GmbH under authorization.

Genatronik GmbH operates this online store and is responsible for accepting and processing orders, receiving payments, issuing invoices where applicable, arranging shipment, providing customer support, handling returns and refunds, and performing all contractual obligations relating to purchases made through this website.

This website, including all relevant information, content, features, tools, products and services (collectively, the "Services"), is provided to offer you a customized online shopping experience.

enecess is powered by Shopify, enabling us to deliver the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, accessing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, 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 accessing or browsing our online stores 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 the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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 online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Product specifications, features, firmware, software compatibility, documentation and other technical information are subject to change without notice as part of our ongoing product improvements. Such changes will not constitute a defect unless otherwise required by applicable law.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products 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 may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Our products are intended solely for lawful purposes. Customers are responsible for ensuring that products are installed, configured and used in compliance with applicable laws, regulations and safety requirements.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Genatronik GmbH reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Genatronik GmbH confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Orders may be canceled before shipment. Once an order has been shipped, it can no longer be canceled and will instead be governed by our Refund Policy. We also reserve the right to refuse or cancel any order arising from pricing errors, inventory inaccuracies, suspected fraud, payment issues, or other circumstances beyond our reasonable control.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely 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 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including email address, credit card number and expiration date, PayPal account linkage details, etc., to enable us to complete transactions and contact you as needed.

You represent and warrant that:
(i) the payment information you provide (including credit card details, PayPal account information, etc.) is true, accurate, and complete;
(ii) you are officially authorized to use the payment method (including credit card, PayPal account, etc.) for the purchase;
(iii) the charges incurred by you will be honored by the corresponding payment channel (including credit card issuer, PayPal platform, etc.);
(iv) you will pay the charges incurred at the listed price, including shipping fees, handling fees, and all applicable taxes (if any).

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 are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

Unless otherwise required by applicable law, title and risk of loss pass to you upon delivery of the products.

Customers are responsible for any customs duties, import taxes, VAT, brokerage fees or other charges imposed by local authorities unless otherwise stated at checkout.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services (including but not limited to all trademarks, brands, software, firmware, APIs, documentation, technical materials, text, displays, images, graphics, product reviews, videos, audio, and the design, selection and arrangement thereof) are owned by Cyberiot Technology Co., Ltd. or its affiliates, or licensed to Genatronik GmbH, and are protected by patent, copyright, trademark and other applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright or other intellectual property rights owned by Cyberiot Technology Co., Ltd., its affiliates, Genatronik GmbH, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved.

The enecess name, logos, product names, service names, designs and slogans are trademarks of Cyberiot Technology Co., Ltd. or its affiliates or licensors. You must not use such trademarks without prior written permission.

Shopify's name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 6A – TECHNICAL DOCUMENTATION

Documentation, tutorials, examples, application notes, software, firmware, APIs and other technical materials provided through the Services are supplied for general reference purposes only.

Customers are solely responsible for evaluating the suitability of any hardware, software, firmware, configuration or implementation for their own projects and applications.

enecess shall not be liable for any direct or indirect damages arising from the use of such technical materials, including but not limited to equipment damage, system failure, data loss, project delays or economic loss.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

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 the optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

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 deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites.

Please review the applicable third party's policies and practices 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 applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

enecess is powered by Shopify, which enables us to provide the Services to you.

However, all purchases made through this online store are made directly with Genatronik GmbH, which is the merchant of record and the contracting party for all sales.

Shopify is not a party to any sales contract between you and Genatronik GmbH and is not responsible for any products, payments, deliveries, warranties, customer support or other obligations relating to your purchases.

By using the Services, you acknowledge and agree that Shopify shall have no liability arising from your transactions with Genatronik GmbH.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy. 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 information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide services to you.

Please review our Privacy Policy for more details about how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant Genatronik GmbH, Cyberiot Technology Co., Ltd. and their affiliates a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, analyze and otherwise use such Feedback, without attribution or compensation to you, for any lawful purpose, including improving our products, services, documentation and AI-assisted systems. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
(iii) your Feedback will comply with these Terms.

We are and shall be under no obligation:
(1) to maintain your Feedback in confidence;
(2) to pay compensation for your Feedback; or
(3) to respond to your 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 rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your Feedback will not contain any libelous, unlawful, abusive or obscene material, or 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 any third party as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for 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 relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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 access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(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 any of our employees or any other person;
(e) to transmit 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 any "junk mail," "chain letter," "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 us, 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 will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet.

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 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following 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 that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. 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 us, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, whether express or implied, including any implied warranties or conditions of merchantability, merchantable quality, 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 do not allow the disclaimer of implied or other warranties. Accordingly, some or all of the above disclaimers may not apply to you.

Nothing in these Terms excludes any statutory consumer rights that cannot be excluded under applicable law. 

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, neither Genatronik GmbH, Cyberiot Technology Co., Ltd., nor their affiliates, partners, directors, officers, employees, agents, contractors, service providers or licensors, nor Shopify or its affiliates, shall be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising in contract, tort (including negligence), strict liability or otherwise, arising out of or relating to your use of the Services or any products purchased through the Services, or for any other claim relating in any way to your use of the Services or any product, including, without limitation, any errors or omissions in any content, or any loss or damage arising from the use of any content or product posted, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law, including applicable consumer protection laws.

SECTION 17 - INDEMNIFICATION

To the fullest extent permitted by applicable law, neither Genatronik GmbH, Cyberiot Technology Co., Ltd., nor their affiliates, partners, directors, officers, employees, agents, contractors, service providers or licensors, nor Shopify or its affiliates, shall be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether arising in contract, tort (including negligence), strict liability or otherwise, arising out of or relating to your use of the Services or any products purchased through the Services, or for any other claim relating in any way to your use of the Services or any product, including, without limitation, any errors or omissions in any content, or any loss or damage arising from the use of any content or product posted, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law, including any applicable consumer protection laws.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of 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 Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any attempted delegation, transfer or assignment shall be null and void.

We may transfer, assign or delegate these Terms and any of our rights or obligations under these Terms without your consent or prior notice.

SECTION 21 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.. 

SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on 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 become effective on the date specified in the notice.

Your continued use of or access to the Services following the effective date of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at orders@enecess.com