AGB

Terms and Conditions of Service

OVERVIEW

Welcome to CYMBERRY! The terms “we,” “us,” and “our” refer to CYMBERRY. CYMBERRY operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). CYMBERRY is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when using the Services.

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

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

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions of Service, you represent that you are the age of majority in your state or region of residence and that you have provided your consent for any minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted through 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 provide accurate representations of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and the device's settings and configurations.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or correspond exactly to what is represented or displayed in our online stores.

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 may limit the quantities of any product offered to any person, geographic area, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. CYMBERRY reserves the right to accept or reject your order for any reason, at our discretion. An order is not accepted until CYMBERRY confirms its acceptance. Payment must be received and processed before an order is accepted.

Please carefully review your order before submitting it, as CYMBERRY may not be able to accommodate cancellation requests after an order has been accepted. If an order is not accepted, is modified, or is canceled, we will attempt to notify you using the email address, billing address, and/or telephone number provided when placing the order.

Purchases are subject to returns or exchanges only in accordance with our Refund and Return Policy [LINK].

You represent and warrant that purchases are intended for 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 submitted and will be stated in your order confirmation email.

Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores, other online stores, or other stores operated by third parties.

From time to time, we may offer promotions through 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 of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. 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 when necessary.

You represent and warrant that:

  1. The credit card information you provide is true, accurate, and complete.

  2. You are duly authorized to use the credit card for the purchase.

  3. Charges incurred will be honored by your credit card issuer.

  4. Amounts charged will be paid at the published prices, including shipping and handling fees and all applicable taxes, where applicable.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible 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 procedures, or events beyond our control.

Once products have been transferred to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, brands, text, visual elements, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by CYMBERRY, its affiliates, or its 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 personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein grants or should be interpreted as granting any license or other rights under any patent, trademark, copyright, or other intellectual property right of CYMBERRY, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by CYMBERRY.

CYMBERRY's names, logos, product and service names, designs, and slogans are trademarks of CYMBERRY or its affiliates or licensors. You may not use these trademarks without CYMBERRY's prior written consent.

The Shopify 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

We may provide you with access to third-party tools that we neither monitor nor control and over which we have no input or influence.

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 will have no liability whatsoever 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 ensure that you are familiar with and approve of the terms and conditions under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms and Conditions of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any damage or loss related to accessing third-party websites or purchasing or using products, services, resources, or content available through third-party websites.

Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction.

Complaints, requests, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

CYMBERRY is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made through our store are conducted directly with CYMBERRY.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and CYMBERRY, including any damages, injuries, or losses arising from products and services purchased.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with CYMBERRY.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, available here.

By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in a country different from the country in which you reside, in order to provide you with the Services.

Please refer to our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

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 medium and for any purpose, including commercial purposes.

For example, we may exercise the rights granted under this license to operate, provide, evaluate, improve, develop, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions of Service.

You further represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. You have disclosed any compensation or incentive received in connection with submitting the Feedback.

  3. Your Feedback complies with these Terms.

We are not and will not be obligated to:

  1. Keep your Feedback confidential.

  2. Pay compensation for your Feedback.

  3. 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, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms and Conditions of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, libelous, or otherwise unlawful or obscene material, nor contain viruses or other malware that could affect the operation of the Services or any related website.

You may not 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 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 relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability.

If such information is inaccurate, we reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

  • For any unlawful or harmful purpose.

  • To violate any applicable local, international, federal, provincial, or state regulations, rules, laws, or ordinances.

  • To infringe or violate our intellectual property rights or the intellectual property rights of others.

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person.

  • To submit false or misleading information.

  • To transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms.

  • To transmit or facilitate the transmission of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.

  • To impersonate or attempt to impersonate another person or entity.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, in our discretion, may harm CYMBERRY, Shopify, or users of the Services or expose them to liability.

You further agree not to:

  • Upload or transmit viruses or any other type of malicious code that may compromise the functionality or operation of the Services.

  • Reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services.

  • Collect or monitor the personal information of others.

  • Spam, phish, pharm, or pretext through the Services.

  • Use robots, spiders, scraping tools, data-gathering or extraction tools, devices or automated processes, AI tools (such as agentic AI), or manual means to access the Services.

  • Interfere with, circumvent, or evade security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate an account at any time without notice if we determine that any part of these Terms has been violated.

SECTION 14 — AGENTS

14.1 Agent Terms

This section (the “Agent Terms”) applies if you use, permit, enable, or cause an Agent to be implemented to access, use, or interact with the Services.

An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or through a person's device without direct supervision.

14.2 Agent Identification

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict compliance with the requirements set out in Section 14.4 at all times.

Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 Agent Limitations

We may establish limitations, including through technical measures, on the manner and conditions under which an Agent may access, use, or interact with the Services.

14.4 Agent Requirements

Agents must:

  1. Identify in all HTTP/HTTPS requests that the request originates from an Agent and declare the Agent's name by including the following in the request's user-agent string: “Agent/[agent name]”.

  2. Not conceal or obscure the fact that any access, use, or interaction originates from an Agent, including by imitating human behavior or interaction patterns or by completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use.

  3. Truthfully respond to any question or prompt intended to determine whether interactions originate from a human or a computer.

  4. Not bypass or otherwise evade any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the 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. You will remain responsible for all amounts due up to and including the termination date.

Even after termination, the following sections will remain in effect:

  • Intellectual Property

  • Feedback

  • Termination

  • Disclaimer of Warranties

  • Limitation of Liability

  • Indemnification

  • Severability

  • Waiver

  • Entire Agreement

  • Assignment

  • Governing Law

  • Privacy Policy

  • Any other provisions that by their nature should survive termination

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or anyone informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY CYMBERRY, 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, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CYMBERRY, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from the use of any Service or any product purchased through the Services, or from any other claim related in any way to the use of the Services or any product.

This includes, without limitation, 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 product posted, 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 CYMBERRY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable legal fees, brought by any third party or arising from:

  1. Your violation of these Terms and Conditions of Service or any documents incorporated by reference.

  2. Your violation of any law or third-party rights.

  3. Your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to provide timely notice will not relieve you of your obligations unless you suffer material prejudice.

We may control the defense and settlement of such a claim at your expense, including the selection of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which may not be unreasonably withheld.

You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 — SEVERABILITY

If any provision of these Terms and Conditions of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms and Conditions of Service.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service will not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any policies or operating rules posted by us 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 any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including previous versions of these Terms and Conditions of Service.

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

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any rights or obligations under it without our prior written consent. Any attempt to do so will be null and void.

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

SECTION 22 — GOVERNING LAW

These Terms and Conditions of Service and any separate agreement through which we provide the Services will be governed by and interpreted in accordance with the federal and state or territorial laws of the jurisdiction in which CYMBERRY is based.

You and CYMBERRY consent to the territorial jurisdiction and personal jurisdiction of the courts in that jurisdiction.

SECTION 23 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Service.

SECTION 24 — CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

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

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions 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 material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms and Conditions of Service should be sent to cymberry@outlook.it.

Our contact information is:

CYMBERRY
Email: cymberry@outlook.it
Address: Via Madonna delle Grazie 326, 04022 Fondi Latina, Italia
Phone: +39 349 398 2488