Terms & Condition

INTRODUCTION

By using “Peters Desberg,” you accept the “Terms of Use Agreement,” which includes the Privacy Policy and Cookie Policy. The Terms may be subject to change, so please be sure to check this page from time to time. The expressions “Peter Desberg,” “us,” “we,” “the Company,” and “our” are the designation of the Peter Desberg.

By visiting our website and/or making a purchase from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or accessible via hyperlink. These Terms of Service apply to all users of the website, including browsers, vendors, customers, merchants, and contributors of content.

Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Your acceptance of these Terms of Service is expressly limited to the terms herein.

1. ONLINE STORE ITEMS

By accepting these Terms of Service, you confirm that you meet the age requirements in your state or province or that you are of age and have authorized any minor dependents to use this site.
Using our products for illegal or unauthorized purposes is prohibited. Ensure that you do not violate any laws in your jurisdiction, including copyright laws while using the Service.
It is prohibited to send any worms or viruses or any code that can cause harm.
If any of the Terms are breached or violated, your Services will be terminated immediately.

2. GENERAL CONDITIONS

We have the right to decline service to any individual at any time and for any reason.
You acknowledge that your content, excluding credit card details, may be transferred without encryption across different networks and may be adjusted to meet the technical needs of connecting networks or devices. Your credit card details are securely encrypted when being transferred across networks.
You are not allowed to replicate, duplicate, or sell any part of the website without our written permission.
The headings in this agreement are provided for convenience and will not restrict or alter these Terms in any way.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not liable for any inaccuracies, incompleteness, or outdated information on this site. Our goal is to provide up-to-date information, although we cannot ensure constant accuracy or completeness, such as product availability.
This site may include some historical information. Historical information is not up-to-date and is offered for reference purposes only. Content on this site may be modified at any time without the obligation to update information. It is your responsibility to stay updated on any changes to our site.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice.
We may modify or discontinue the product (or any part or content thereof) without notice at any time.
We will not be responsible for any changes in product pricing, availability, or discontinuation that may affect you or any third party.

5. PRODUCTS

Certain products will be exclusively available online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have taken utmost care to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be entirely accurate.
We reserve the right, though we are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products we offer for sale. All descriptions of products or product pricing are subject to change at any time without prior notice, at our sole discretion. We further reserve the right to discontinue any product at any time. Any offer for a product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the product can be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We retain the right to decline any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may extend to orders placed under the same customer’s name, credit card, and/or billing and shipping address. If we make changes to or cancel an order, we will make reasonable efforts to notify you by contacting the email and/or billing address/phone number provided at the time of purchase.
We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
By using our store, you agree to provide accurate, current, and complete purchase and account information for all transactions.
For further details, please refer to our Returns Policy

7. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visit to the Peter Desberg® website, as well as sending us emails and completing online forms, constitutes electronic communications. By doing so, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Peter Desberg® website fulfill any legal requirement for written communication.
You agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Peter Desberg® website.
By agreeing to these terms, you waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, the delivery or retention of non-electronic records, or require payments or the granting of credits by means other than electronic methods.

8. INTELLECTUAL PROPERTY

Unless otherwise stated, the Peter Desberg website is the proprietary property of Peter Desberg, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Peter Desberg website (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or controlled by us or licensed to us. They are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Peter Desberg website “AS IS” for your information and personal use only. Except as explicitly provided in these Terms of Service, no part of the Peter Desberg website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent.

9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you provide us with specific submissions at our request (such as contest entries) or without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by postal mail, or otherwise (collectively referred to as “comments”), you acknowledge and agree that we may use, without restriction, edit, copy, publish, distribute, translate, and otherwise utilize in any medium any comments you forward to us. We are not obligated (1) to keep any comments confidential, (2) to provide compensation for any comments, or (3) to respond to any comments.
While we may, at our discretion, monitor, edit, or remove content 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, we are not obliged to do so.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or malware that could impact the operation of the website or any related website. You must not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We bear no responsibility and assume no liability for any comments posted by you or any third party.

10. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

11. ERRORS, INACCURACIES AND OMISSIONS

At times, there may be errors, inaccuracies, or omissions in the information presented on our site or in product descriptions. These may pertain to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to rectify any such errors, inaccuracies, or omissions and to modify or cancel orders, if necessary, without prior notice, even after an order has been submitted.
We are not obligated to update, amend, or clarify information presented in the product descriptions or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the product descriptions or on any related website should not be interpreted as an indication that all information therein has been modified or updated.

12. PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, the following uses of the site or its content are strictly prohibited:

Engaging in any unlawful activities.
Soliciting others to participate in unlawful acts.
Violating any applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Infringing upon our intellectual property rights or the rights of others.
Engaging in any form of harassment, abuse, insults, defamation, slander, discrimination, or intimidation based on various characteristics, including gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Providing false or misleading information.
Uploading or transmitting viruses or any other malicious code that may impact the functionality of the website or related websites.
Collecting or tracking the personal information of others.
Engaging in spamming, phishing, pretexting, or other unauthorized activities.
Using the website for any obscene or immoral purposes.
Interfering with or attempting to circumvent the security features of the website or related websites.

Violation of any of these prohibited uses may result in termination of your access to the website or related services.

13. THIRD-PARTY WEBSITES AND CONTENT

The Peter Desberg® website email communications may contain links to other websites (“Third-Party Websites”). These Third-Party Websites and their content are not investigated, monitored, or reviewed by us for accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through the Peter Desberg® website or any Third-Party Content posted on, available through, or installed from the Peter Desberg® website, including the content, accuracy, opinions, reliability, privacy practices, or other policies contained therein.
The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you choose to leave the Peter Desberg® website and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and these Terms of Service no longer apply.
It is recommended that you review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Peter Desberg® website or any applications you use or install from the Peter Desberg® website.
Any purchases made through Third-Party Websites are conducted on other websites and with other companies. We assume no responsibility for such purchases, which are exclusively between you and the applicable third party.
By using the Peter Desberg® website, you acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you agree to hold us harmless from any harm resulting from your purchase of such products or services. Additionally, you agree to hold us harmless from any losses or harm resulting from any Third-Party Content or contact with Third-Party Websites.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from using the website will be accurate or reliable.
You acknowledge that we may, from time to time, remove any products for indefinite periods or cancel products at any time without prior notice.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The products provided to you through the website are provided “as is” and “as available” unless expressly stated otherwise by us. We make no representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Peter Desberg, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or products procured using the service, or for any other claim related in any way to your use of any product, including but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Peter Desberg and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

16. SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity or enforceability of any other remaining provisions.

17. TERMINATION

Any obligations and liabilities of the parties accrued prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain in effect unless terminated by either party. You have the right to terminate these Terms of Service at any time by discontinuing your use of our website.
If, at our sole discretion, you fail to comply with any term or provision of these Terms of Service or if we suspect such failure on your part,

18. ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the products, constitute the entire agreement and understanding between you and us governing your use of the website. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any uncertainties in interpreting these Terms of Service shall not be construed against the party responsible for drafting them.

19. GOVERNING LAW

These Terms of Service, along with any separate agreements by which we provide you with access to our website or products, shall be governed by and construed in accordance with the laws of the State of Texas, United States.

20. CHANGES TO TERMS OF SERVICE

You may access the most up-to-date version of the Terms of Service on this page at any time.
We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or products after the posting of any modifications to these Terms of Service constitutes acceptance of those changes.

21. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at pdesberg@me.com.