Terms & Conditions

Introduction

Welcome to Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver! We’re thrilled you’ve decided to visit our online shop and potentially make a purchase. Before using our site and buying our products, please read these terms and conditions (“Terms”) carefully.

By accessing or using weratool.shop (“Site”) and any associated sites, apps, blogs, wikis, online stores, tools, or other related services (“Services”), you agree to be bound by these Terms, whether or not you are a registered user. If you do not agree to all of these Terms, do not access or use this Site or any Services.

These Terms constitute an agreement between you and Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver regarding your use of this Site and any associated Services.

We reserve the right to modify these Terms at any time, for any reason, without notice to you, other than the posting of the revised Terms on the Site. We may email periodic reminders of our notices and terms and conditions, but you should check our Site frequently to see the current Terms that apply to your use of the Site and any Services. It is your responsibility to periodically review these Terms. If you continue to use the Site or Services after any changes to the Terms, this signifies your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately cease using the Site and Services.

Use of Site and Services

The content on the Site and Services is for informational purposes only. We make no representations about the content, suitability, accuracy or completeness of any information or material available on or through this Site or the Services.

All use of the Site and Services is at your own risk. We make no warranties that the Site or Services will meet your requirements or that the operation of the Site or Services will be uninterrupted or error-free.

The Site and Services are made available to you on an “as is”, “with all faults” and “as available” basis. We make no warranties or representations of any kind, express or implied, as to the operation of the Site or Services, or the content, information or materials included on the Site or Services. To the fullest extent permissible under applicable law, we disclaim all such warranties, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

No advice or information obtained from us through the Site or Services shall create any warranty not expressly provided in these Terms.

We do not make any representations or warranties:

That the Site or Services will be permitted in your jurisdiction;
That the Site or Services will be uninterrupted or error-free;
Concerning any content submitted by our users;
Concerning any third party’s use of content that you submit;
That any errors in the technology will be corrected;
That the Site or Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain the Site or Services;
Concerning sites and resources outside of our Site or Services, even if linked to from our Site or Services.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site or Services, and no warranties shall apply after such period.

Intellectual Property Rights

All content on the Site and Services, including but not limited to text, software, music, sound, photographs, video, graphics, promotional materials, or other material that is available on the Site or through the Services, and all associated intellectual property rights, are the property of Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver, our affiliates, partners, vendors, clients, or other rightful third party rights holders.

The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly allowed in these Terms, you may not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content or any part of the Site or Services.

You must not modify, decompile or reverse engineer any software or other intellectual property on the Site or Services.

Your Acceptable Use of the Site and Services

As a condition of your use of the Site and Services, you represent and warrant that you will not use the Site or Services for any purpose that is prohibited by these Terms.

You agree to comply fully with all relevant export laws and regulations to ensure that neither the Site and Services nor any technical data related thereto are exported or re-exported in violation of, or used for any purposes prohibited by, such laws and regulations.

By using the Site and Services you represent and warrant that:

You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You will not access or use the Site or Services for any purpose that is illegal or prohibited in these Terms;
You will not use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or Services;
You will not upload or transmit through the Site or Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system;
You will not use the Site or Services to share, post, or disclose any content that infringes on a third party’s intellectual property rights;
You will not access unauthorized third party data or information through the Site or Services;
You will not transmit spam, advertisements, chain letters or other unsolicited emails to other users;
You will not promote or provide instructional information about illegal activities;
You will not promote physical harm against any group or individual;
You will not harass, abuse, or harm any other user;
You will not distribute another user’s personal information without consent;
You will not collect users’ content or information without consent;
You will not interfere with or disrupt the Site or Services;
You will not circumvent any access or use restrictions put in place to prevent certain uses of the Site or Services.

If you violate any of these restrictions, we reserve the right to terminate your access to the Site and Services without notice.

We reserve the right to refuse, delete, or edit any content in our sole discretion. We reserve the right to terminate your access to the Site or Services due to your violation of any of these Terms.

User Content

Users may be permitted to post content on the Site or Services, including but not limited to comments, photographs, videos, promotional materials, reviews, suggestions, ideas, or other information (“User Content”).

By submitting any User Content on the Site or through any Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform that User Content in any form, media or technology, whether now known or developed in the future.

You represent and warrant that:

You own or control all rights in and to your User Content;
All User Content is accurate and not misleading or harmful in any manner;
User Content does not violate these Terms or the rights of any third party;
User Content will not violate any law or incite illegal activity;
User Content is not spam, advertisements, chain letters, pyramid schemes, or solicitations;
You are at least 13 years of age;
You have obtained written consent to submit any User Content that features a minor, identifiable by name.

We do not pre-screen User Content, but reserve the right to refuse, delete, or edit any User Content in our sole discretion.

Accounts and Passwords

To access certain features of the Site or Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, contact information, or other details. You represent and warrant that any information you provide to us is accurate, current and complete.

When registering, you will be required to create a username and password. You are solely responsible for maintaining the confidentiality of your username and password. You are responsible for any activity through your account, whether authorized or unauthorized.

You agree to notify us immediately of any unauthorized use of your account. We will not be responsible for any losses or damage arising from unauthorized use of your account.

Prohibited Uses of the Site and Services

You agree not to:

Use the Site or Services for any illegal or unauthorized purpose
Access, use, or copy data or information without authorization
Attempt to probe, scan or test the vulnerability of a system or network
Breach security or authentication measures without authorization
Interfere with service to any user, site, account, system or network
Send unsolicited emails or communications
Imitate or impersonate any person or entity
Use any robot, spider, crawler, scraper or other automated means to access the Site or Services
Intentionally submit false or misleading information
Introduce any malware, virus, Trojan horse, worm, logic bomb or other harmful material
Reverse engineer, decompile, disassemble or decipher any aspect of the Site or Services
Attempt to gain unauthorized access to any portion or feature of the Site or Services
Frame or mirror any portion of the Site or Services
Use any meta tags or any hidden text containing our name or marks
Modify, adapt, sublicense, translate, create derivative works from, distribute, or publicly display the Site or Services
Remove any proprietary notices from the Site or Services
Use the Site or Services for competitive analysis or to build a similar or competitive product or service
Use the Site or Services other than for their intended purposes

Any unauthorized use immediately terminates your permission to use the Site and Services.

If you violate any of these Terms, we reserve the right to restrict, suspend or terminate your access to the Site or Services at any time, without notice to you. We reserve civil and criminal remedies available under the law.

Privacy

Please review our Privacy Policy to understand how we collect, use, share, and protect your personal information. The Privacy Policy is part of and incorporated into these Terms.

Third Party Content and Links

The Site and Services may contain content that we do not own, maintain or host. Embedded videos, tweets, external links and social media posts may all contain third party content.

We provide third party content as a convenience to you, but are not responsible for any third party content displayed on the Site or through the Services. You access and use third party content at your own risk.

Third party content is governed by the terms of use and privacy policies located on the third party sites. Do not assume that we endorse any third party content or the third party provider.

We recommend examining third party content providers’ terms of use and privacy policies before using their services.

Sales

We may sell goods or services or allow third parties to sell goods or services on the Site or through the Services. We strive to display product information as accurately as possible, including information about product specifications, features, availability, and price. However, we do not warrant that any product information is accurate, complete, reliable, current or error-free.

All sales of goods or services are subject to the following:

Availability – We cannot guarantee that any product listed on the Site will be in stock when you attempt to order it. Product availability is noted on the Site.
Pricing errors – We make every effort to list products at the correct prices. However, errors may still occur. We reserve the right to cancel any orders containing pricing errors, even after you receive an order confirmation.
Product information – We try to display product images shown on the Site as accurately as possible. However, actual colors or features may differ slightly.
Taxes – Sales tax will be applied based on applicable state and local tax rates.
Terms of sale – Any additional terms and conditions will be provided at the time of sale, on the product page, during checkout, or in your order confirmation. These terms may include return policies, delivery details, warranties, gift terms, subscriptions, payments, and more. Terms provided at time of sale govern that particular sale.
Third party sellers – We may allow third parties to sell products through the Site or Services. However, we are not responsible for examining or evaluating third party sellers, their products or services. We do not warrant any products or services sold by third party sellers.
Legal compliance – When required, we will cooperate with law enforcement and may provide information to comply with court orders or legal process requirements.

Purchases made through the Site are business to consumer transactions completed electronically. This means that by placing an order, you consent to receiving documents electronically rather than in paper form. We may communicate with you electronically regarding your purchases from us.

Subscriptions

The Site or Services may offer various subscriptions, licenses, application services, software as a service, courses, or other ongoing services (“Subscriptions”).

Subscriptions automatically renew until you cancel. After initial purchase, you will be charged the rate disclosed at the time of purchase plus applicable taxes and fees at the beginning of each new Subscription period. To cancel future charges, you must cancel at least 24 hours before the renewal date.

Subscription terms, features, pricing, and services offered are subject to change or discontinuation without notice.

We will make reasonable efforts to notify you through the Site or Services, email, notifications, your account, or other reasonable means if a change results in loss of features or functionality that we know you regularly used and depended upon. Any reductions to Subscription features or functionality will apply to all users equally.

Termination

**Your access to and use of the Site or Services may be terminated by you or by us at any time and for any reason. **

We reserve the right to terminate your access to and use of the Site or Services, or any portion thereof, for any reason in our sole discretion, including your violation of these Terms.

We are not required to provide you notice prior to terminating your access to or use of the Site or Services. We are not liable to you or any third party for damages of any kind resulting from terminating your access to or use of the Site or Services.

You may terminate your access to or use of the Site or Services at any time by discontinuing your use of the Site or Services.

Indemnification

You agree to indemnify, defend, and hold harmless Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver, our affiliates, vendors, agents and representatives from all claims, losses, costs, and expenses (including attorneys’ fees) arising out of or related to:

Your use of the Site or Services;
Any User Content you post, upload, use, distribute or otherwise transmit through the Site or Services;
Your violation of these Terms;
Your violation of any rights of another;
Your conduct in connection with the Site or Services.

You agree to cooperate with us in any defense of a claim. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification.

Limitation of Liability

We will not be liable to you or any third party for damages arising from your use of the site or services.

In no event will we be liable or responsible for any:

Indirect, incidental, special, exemplary, consequential or punitive damages
Loss of profits, revenue, opportunity, or goodwill
Data loss, corruption or breach of security
Computer failure or loss due to viruses, spyware, malware, or other attacks
Errors, inaccuracies or omissions
Legal claims against you by third parties
Other intangible loss

**Our maximum liability arising out of or relating to the site or services is limited to the greater of $100 or the amounts paid by you to access or use the site and services in the past twelve months. **

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Dispute Resolution

Please read the following section carefully because it requires you to arbitrate certain disputes with Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver and limits how you can seek relief.

You and Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver agree to resolve any claims relating to these Terms through final and binding arbitration, except that you may assert claims in small claims court within the United States if your claims qualify. This includes disputes arising out of or relating to your use of the Site or Services, our services and products, our advertising, as well as any disputes arising out of or related to these Terms or any aspect of the relationship between us.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It has more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award.

For any claim subject to arbitration, you and Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver agree to attempt informal resolution first. If informal resolution is unsuccessful, you and we agree that any claim or dispute will be resolved by binding arbitration on an individual basis. All disputes and claims must be arbitrated only on an individual basis. No claims may be consolidated, aggregated or asserted on any class, representative, or collective basis. This class action waiver applies even if the claim or dispute arises out of or relates to your subscription, use of or access to the Site or Services.

Any arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration will be presided over by a single arbitrator selected in accordance with the AAA rules. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of representative or class proceeding, and may not award class-wide relief.

The arbitrator, Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver, and you will maintain the confidentiality of any arbitration proceedings, judgments or awards, including related discussions, motions and other filings. The arbitrator shall have the authority to make appropriate rulings to safeguard confidentiality.

The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of these Terms. However, the arbitrator has no authority to consider any claim or issue any relief that is prohibited by these Terms.

Reasonable costs and attorney’s fees shall be awarded to the prevailing party in any arbitration.

The arbitration will be held in United States. For any claim in which you seek $10,000 or less in relief, you may choose whether the arbitration will be conducted in person, by telephone, or based solely on written submissions.

This arbitration agreement will survive the termination of your use of the Site or Services. This arbitration agreement can only be amended or terminated via mutual written agreement between you and us.

Choice of Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

If any specific term is unlawful under the applicable laws of the State of California, it shall be severed from these Terms and shall not affect the validity or legality of the remaining Terms.

Choice of Forum

To the extent the parties are permitted under this “Dispute Resolution” section to initiate litigation in a court, both you and Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the federal or state courts located in United States.

Miscellaneous

These Terms constitute the entire agreement between you and Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver with respect to your use of the Site and Services. The failure of us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable, the remaining Terms will remain in full force.

We may assign any rights and duties under these Terms without notice or consent. You may not assign any rights or duties under these Terms without our express written consent. Our vendors and partners are intended third party beneficiaries of these Terms.

Any rights not expressly granted herein are reserved.

Contact Us

If you have any questions about these Terms, please contact us at:

Wera® Tools, Socket Set, Kraftform Ratchet Screwdriver
123 Main St
Anytown, CA 12345
United States

[email protected]

Thank you for cooperating with our Terms & Conditions! We hope you enjoy using our products and services.