Terms of service

OVERVIEW

Welcome to Corkout! The terms “we,” “us,” and “our” refer to Corkout. Corkout operates this store and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Corkout 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 (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

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

By visiting or using our Services, or by interacting with our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service 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 represent that you are at least the legal age of majority in the state or province where you reside 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.

To use the Services—including to access or browse our online stores or to purchase the

products and services we offer—you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for the security of your login credentials and for all activities on 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 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’s settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the images or descriptions in our online stores.

All product descriptions are subject to change at any time and 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. Corkout reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Corkout confirms acceptance.

We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Corkout may not be able to accommodate cancellation requests once the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of order.

Returns or exchanges of your purchases are governed exclusively by the terms of our Return Policy [LINK].

You represent and warrant that your purchases are intended for your personal use or use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to 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 is listed in the email containing your order confirmation. Unless expressly stated otherwise, the prices listed do not include taxes, shipping costs, processing fees, customs duties, or import taxes.

The prices listed in our online stores may differ from the prices in our physical stores or in online stores and other stores operated by third parties. From time to time, we may offer promotions related to our services that may affect pricing and 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 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 as necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the charges incurred by you will be paid by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling fees as well as any 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 assume 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, ownership and the risk of loss pass to you.

SECTION 6;– INTELLECTUAL PROPERTY

Our services, including but not limited to all trademarks, brand names, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Corkout, 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 of any of the materials on the Services. Unless expressly provided otherwise herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Corkout, Shopify, or any third party, nor may it be construed as granting any such license or other 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 Corkout.

Corkout’s names, logos, product and service names, designs, and slogans are trademarks of Corkout or its affiliates or licensors. You may not use these trademarks without Corkout’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may have access to customer tools provided by third parties. We do not monitor these tools and have no control over or influence on them.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions, and without any endorsement. We assume no liability for any damages arising from or related to the use of optional third-party tools.

Any use by you of the optional tools offered through the website is solely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the relevant 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 are also considered part of the Services and are subject to these 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 features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites 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 review the third-party provider’s policies and procedures carefully and ensure that you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
Corkout operates on Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Corkout. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Corkout, including any injuries, damages, or losses resulting 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 Corkout.
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 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.
Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding 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 service 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 see our Privacy Policy https://www.shopify.com/at/legal/privacy/consumers.
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, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including for commercial purposes. For example, we may exercise 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 Terms of Service.
You further represent that: (i) you own or have the right to use all necessary rights 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 remain under no obligation to (1) treat your feedback as confidential; (2) pay you compensation for your feedback; or (3) respond to your feedback.

We may, but are not obligated to, monitor, edit, or remove feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon a party’s intellectual property rights or violates these Terms and Conditions.

You agree that your feedback will not infringe upon the rights of any third party. This includes copyrights, trademark rights, data protection rights, privacy rights, or any other personal or property rights. Furthermore, you agree that your feedback will not contain any defamatory or otherwise unlawful, offensive, or obscene statements, nor will it contain any computer viruses or other malware that could interfere with the operation of the Services or any associated website in any way. You are not permitted to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding 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 feedback posted by you or third parties.
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 fees, delivery 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, either directly or indirectly, for the following purposes: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, slander, defame, disparage, intimidate, or cause harm to our employees or others; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate any other individual or entity; or (i) to otherwise engage in any conduct that restricts or interferes with others’ use or enjoyment of the Services, or that, in our judgment, could harm Corkout, Shopify, or the users of the Services, or expose them to liability.
In addition, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that are or could be used in a manner that impairs the functionality or operation of the Services; (b) to reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any part of the Services; (c) to collect or track the personal data of others; (d) to misuse the Services through spam, phishing, pharming, or pretexting; (e) to use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g., agent-based 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 other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate, 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 if you use, authorize, enable, or arrange for the use of 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 can be executed on behalf of 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 accordance with the requirements set forth in Section 14.4 below. Furthermore, no agent is permitted to access, use, or interact with the Services if we have instructed the agent to refrain from 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 specify in all HTTP/HTTPS requests that the request originates from an agent and disclose the agent’s name by including the following in the request’s User-Agent string: “Agent/[agent name]”. (ii) may not conceal or disguise the fact that access, use, or interactions originate from an agent, for example by (a) mimicking human behavior and interaction patterns, or (b) filling out or bypassing CAPTCHAs or measures designed to distinguish computer-based use from human-based use; (iii) must truthfully respond to questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) may not circumvent or otherwise evade 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 and without notice, at our sole discretion, and you remain obligated to pay all amounts due up to and including the date of termination.
The following sections will 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 are intended to survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim any liability or responsibility arising from your reliance on such materials, or the reliance of other visitors to the Services, or third parties who become aware of their content.
UNLESS EXPRESSLY STATED BY [RETAILER], 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, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY MANNER, SECURELY, OR WITHOUT ERRORS. 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 LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY KIND OF INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE ALLEGED TO ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING OUT OF YOUR USE OF THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS AND OMISSIONS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Corkout, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, that may be brought against third parties arising out of or in connection with (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any claim for which you are liable to indemnify us, provided that you will not be relieved of your obligations due to a delay in notification, unless such delay causes you significant prejudice. We may direct the defense and settlement of such a claim at your expense, including the selection of counsel; however, we will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense against indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY CLAUSE
If any provision of these General Terms and Conditions is found to be unlawful, invalid, or unenforceable, such 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. The validity and enforceability of the remaining provisions shall not be affected by such a determination.
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 of Service, together with any policies or operating rules we post on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written (including, but not limited to, prior versions of these 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
You may not delegate, assign, or transfer this Agreement or your rights and obligations under these Terms without our prior written consent; any such attempt 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 Terms and Conditions, as well as any separate agreements under which we provide services to you, are governed by and shall be construed in accordance with the laws of the federal, state, or territorial courts in the jurisdiction where Corkout is headquartered. You and Corkout consent to the local and personal jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this Agreement are for convenience only and do 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 on this page at all times.
We reserve the right, at our sole discretion, to update, modify, or replace portions of these Terms and Conditions 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 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
Please send any questions regarding the Terms and Conditions to office@corkout.at.
Our contact information is provided below:
Alpina Trading GmbH
office@corkout.at
Argentinierstraße 28/1/1
1040, Vienna
+436604632132
FN 288691 x
ATU63489433