Terms of service
SECTION 1 – OVERVIEW
Welcome to XCSkiGuru! In these Terms and Conditions, the term “we” refers to XCSkiGuru. XCSkiGuru operates this online store and website, including all information, content, features, tools, products, and services available through it, to provide you, the customer, with a curated shopping experience (the “Services”). XCSkiGuru operates using Shopify technology, which enables us to provide these Services to you.
The following Terms, together with the policies referenced herein (collectively, these “Terms of Use” or the “Terms”), set forth your rights and obligations when using our Services.
Please read these Terms carefully, as they contain important information about your rights and include, among other things, warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you acknowledge and agree to be bound by these Terms of Use and our [Privacy Policy]. If you do not agree to these Terms or the Privacy Policy, please do not use our Services.
SECTION 2 – ACCOUNT AND ACCESS
By accepting these Terms, you represent that you are of legal age in your country or region of residence and that you give us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use our Services — such as browsing or shopping in our online stores or purchasing offered products or services — 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 stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 3 – OUR PRODUCTS
We have made every effort to ensure that the information about our products and services available in our online stores is as accurate as possible. However, please note that the colors and appearance of products may differ from what you see on your screen. Factors such as the device you use to access the store and its display settings may affect how the products appear.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or exactly match what is described or shown in our online store.
All product descriptions and information are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 4 – ORDERS
When you place an order, you are making an offer to purchase a product or service. XCSkiGuru reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order is not accepted until XCSkiGuru confirms acceptance. We must receive and process your payment before your order is confirmed.
Please review your order carefully before submitting it, as XCSkiGuru may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept your order, make changes to it, or cancel it, we will attempt to notify you using the email address, billing address, or phone number you provided at the time of purchase.
Purchases may only be returned or exchanged in accordance with our [Return Policy].
You represent and warrant that your purchase is for your personal or household use and not for commercial resale or export purposes.
SECTION 5 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. You will be charged the price in effect at the time you place your order, as confirmed in your order confirmation email. Unless otherwise stated, prices shown do not include taxes, shipping costs, handling fees, customs duties, or import charges.
The prices listed in our online store may differ from those available in physical stores or through other online or third-party retailers. From time to time, we may run promotional offers that affect pricing and are governed by separate terms and conditions. In the event of any 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 whenever you make a purchase in 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 process your transactions and contact you when necessary.
You represent and warrant that (i) all credit card information you provide is true, accurate, and complete; (ii) you are authorized to use such credit card information for your purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay all charges incurred by you, including applicable prices, shipping and handling fees, and any taxes.
SECTION 6 –SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by the carrier, customs processes, or other circumstances beyond our control.
Once we hand over the products to the shipping carrier, ownership and the risk of loss transfer to you.
SECTION 7 – INTELLECTUAL PROPERTY RIGHTS
All elements of our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, and their design, selection, and arrangement, are owned by XCSkiGuru, its partners, or licensors, and are protected by copyright, patent, and other intellectual property laws of Finland, the EU, and other jurisdictions.
These Terms grant you permission to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services, or create derivative works thereof, without our prior written consent.
Nothing in these Terms shall be construed as granting any license or right under any XCSkiGuru, Shopify, or third-party patent, trademark, copyright, or other intellectual property right, except as expressly permitted herein. Unauthorized use of the Services may violate applicable intellectual property laws. XCSkiGuru reserves all rights not expressly granted.
The names, logos, product and service names, designs, and slogans of XCSkiGuru are trademarks of XCSkiGuru or its affiliates or licensors. You may not use such marks without our prior written consent. Shopify’s name, logo, and marks are trademarks of Shopify Inc. All other names, logos, and marks appearing in the Services are the property of their respective owners.
SECTION 8 – OPTIONAL TOOLS
As part of the Services, you may be given access to third-party tools that we do not monitor or control. 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 endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site 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 parties.
We may also, in the future, offer new features through the Services (including new tools and resources). Such new features shall also be subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
The Services may include materials or hyperlinks to third-party websites (including embedded functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant or assume any liability for them. If you choose to access any third-party links, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content from third-party websites. Please review carefully the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
XCSkiGuru uses Shopify’s services to provide our online store and related Services. However, all purchases you make are made directly with XCSkiGuru. By using our Services, you acknowledge that Shopify is not responsible for any aspect of the transactions between you and XCSkiGuru, including any injuries, damages, or losses resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with XCSkiGuru.
SECTION 11 – PRIVACY POLICY
All personal data collected through the Services is subject to our [Privacy Policy] and may also be governed by Shopify’s Privacy Policy, available [here]. By using the Services, you confirm that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your use of the Services in order to provide and improve them. Information you submit through the Services may be transmitted to and shared with Shopify and third parties located outside your country of residence. Please review our [Privacy Policy] for more information about how we, Shopify, and our partners process your personal data.
SECTION 12 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any form and for any purpose, including commercial use.
You represent and warrant that (i) you own or otherwise control all rights to the Feedback, (ii) any compensation or incentives related to your Feedback have been disclosed, and (iii) your Feedback complies with these Terms.
We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for it, or (3) respond to it. 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, obscene, or otherwise objectionable or that violates any intellectual property or these Terms.
SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery 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 an order has been submitted).
SECTION 14 – PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services:
(a) for any unlawful or harmful purpose;
(b) to violate any applicable laws or regulations;
(c) to infringe our or others’ intellectual property rights;
(d) to harass, abuse, insult, harm, defame, or intimidate others;
(e) to submit false or misleading information;
(f) to send spam or other unsolicited messages;
(g) to impersonate another person or entity; or
(h) to interfere with the operation or security of the Services.
We reserve the right to suspend or terminate your account at any time without notice if we believe you have violated these Terms.
SECTION 15 – TERMINATION
We may terminate your access to the Services, in whole or in part, at any time at our sole discretion, without notice. You will remain liable for all amounts due up to and including the date of termination.
The following provisions survive termination: Intellectual Property Rights, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Governing Law, and any other terms that, by their nature, should remain in effect.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products provided through them are offered “as is” and “as available” without any express or implied warranties of any kind, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant 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 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, XCSkiGuru, our affiliates, directors, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, lost savings, data loss, replacement costs, or similar damages arising from your use of the Services or any products purchased through them, even if advised of their possibility.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless XCSkiGuru, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of any law or third-party rights, or misuse of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity of the remaining provisions.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
Failure by us to enforce any provision of these Terms shall not constitute a waiver of such provision.
These Terms, together with any policies or rules posted on the site, constitute the entire agreement between you and us and supersede all prior agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms at any time without notice.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Finland. You and XCSkiGuru consent to the exclusive jurisdiction of the Finnish courts located in the region where XCSkiGuru’s headquarters are based.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
valentin.kononen@valluation.fi
Contact Information:
Skiservice Kimmo Vilen Oy
support@xcskiguru.com
Kissanmaankatu 12, 33520 Tampere, Finland
Phone: +358 40 737 3008
Business ID: 3511446-2
VAT No: FI35114462