Terms of service
TERMS OF SERVICE
Welcome to RackBag! The terms “we”, “us” and “our” refer to RackBag. RackBag 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”). RackBag is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referred to 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 areas such as disclaimers of warranties and limitations of liability.
By visiting, using or otherwise interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, and that you have given us your consent to allow 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 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 such information.
You are solely responsible for maintaining the security of your login credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any third party.
OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. Please note, however, that colors or the appearance of products may differ from their display on your screen depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the images or representations displayed in our online stores.
All product descriptions may be changed 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 that we offer to any person, geographic region or jurisdiction on a case-by-case basis.
ORDERS
When you place an order, you make an offer to purchase. RackBag reserves the right to accept or reject your order at its sole discretion for any reason. Your order is accepted only when RackBag confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as RackBag may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time of the order.
The return or exchange of your purchases is subject exclusively to the provisions of our Refund Policy.
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
PRICES AND BILLING
Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping charges, handling fees, customs duties or import charges.
Prices displayed in our online stores may differ from prices in physical stores or in online stores and other stores operated by third parties. From time to time, we may offer promotions in connection with our Services that may affect pricing and that 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 if 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 the credit card for the purchase;
(iii) the charges incurred by you will be honored by your credit card company; and
(iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.
SHIPPING AND DELIVERY
We will make reasonable efforts to deliver your order within the estimated delivery times communicated to you. Delivery times are estimates and are not guaranteed.
We are not responsible for delays caused by circumstances beyond our reasonable control, including delays caused by shipping carriers, customs clearance or other unforeseen events.
For consumer purchases, the risk of loss of or damage to the goods passes to you when you, or a third party designated by you and other than the carrier, have acquired physical possession of the goods, except where applicable law provides otherwise.
For more information regarding shipping, delivery times and costs, please refer to our Shipping Policy.
INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of RackBag, its affiliates or licensors and are protected by applicable 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 from any of the materials contained in the Services.
Nothing in these Terms grants or shall be construed as granting any license or other right under any patent, trademark, copyright or other intellectual property right of RackBag, Shopify or any third party, except as expressly provided herein.
Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by RackBag.
The names, logos, product and service names, designs and slogans of RackBag are trademarks of RackBag or its affiliates or licensors. You may not use these trademarks without prior written permission.
The name, logo, product and service names, designs and slogans of Shopify 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.
OPTIONAL TOOLS
We may provide you with access to customer tools offered 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 of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating 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 familiarize yourself with and approve the terms on which the relevant third-party tools are provided.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated or provided by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access.
If you leave the Services to access such materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites.
Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.
RELATIONSHIP WITH SHOPIFY
RackBag is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases that you make in our store are made directly with RackBag.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and RackBag, including any injuries, damages or losses arising from the purchase of products or services.
You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising out of or relating to your purchases and transactions with RackBag.
PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy, which can be viewed on our website. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.
Information that you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than your country of residence in order to provide services to you.
For more information about how we, Shopify and our partners use your personal information, please refer to our Privacy Policy.
FEEDBACK
If you send, upload, post, email or otherwise submit any 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 and for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, improve, enhance and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent that:
(i) you own or otherwise have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and
(iii) your Feedback complies with these Terms.
We are and shall remain under no obligation:
(1) to maintain any Feedback in confidence;
(2) to pay compensation for any Feedback; or
(3) to respond to any Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback 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.
You agree that your Feedback will not violate any rights of third parties, including copyrights, trademark rights, privacy rights, personality rights or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice if any information is inaccurate, including after you have submitted your order.
PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable international, federal, provincial, state or local laws, regulations or rules;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, disparage, intimidate or otherwise harm our employees or any other person;
(e) to submit false or misleading information;
(f) to transmit, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
(g) to send or arrange for the sending of advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited communications;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our judgment, may harm RackBag, Shopify or users of the Services or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) misuse the Services for spam, phishing, pharming or pretexting;
(e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or
(f) interfere with, circumvent or manipulate any security or authorization features, robot exclusion headers or other measures that we use to restrict access to the Services.
We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause 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 person or entity and that may operate 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 compliance with the requirements set out in Section 14.4 below. In addition, no agent may access, use or interact with any Services if we have instructed the agent to cease such access, use or interaction.
14.3 We may limit, including through technical measures, whether and how an agent accesses, uses or interacts with the Services.
14.4 Agents:
(i) must indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the name of the agent by including the following in the User-Agent string: “Agent/[Agent Name]”;
(ii) must not hide or obscure that access, use or interactions originate from an agent, including by:
(a) imitating human behavior and interaction patterns; or
(b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use;
(iii) must respond truthfully to questions or requests intended to determine whether interactions originate from a human or a computer; and
(iv) must not circumvent or otherwise avoid measures designed to prevent, limit, modify or control whether or how agents access, use or interact with Shopify Consumer Services.
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 prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections shall 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 should survive termination.
DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance on such material is entirely at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you, other visitors to the Services or anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY PROVIDED BY RACKBAG, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY, SECURE OR ERROR-FREE MANNER.
SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, RACKBAG, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless RackBag, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising from or relating to:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your violation of applicable law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that a delayed notification does not release you from your obligations unless you are materially prejudiced by the delay.
We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defense of indemnification claims, including by providing relevant documents.
SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
The validity and enforceability of the remaining provisions shall not be affected by such determination.
WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
ASSIGNMENT
You may not delegate, assign or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted delegation, assignment or transfer shall be void.
We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.
GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of Switzerland.
Nothing in these Terms shall deprive consumers of the protection afforded to them by mandatory provisions of the law of their country of habitual residence, where such provisions apply.
Any dispute shall be subject to the jurisdiction required by applicable mandatory law. Nothing in these Terms limits any consumer rights regarding the competent courts that cannot legally be waived.
HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.
CHANGES TO THESE TERMS OF SERVICE
The most current version of these Terms of Service can be viewed at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms 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 any material changes as required by applicable law, and such changes shall 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 of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
RackBag
Nadja In-Albon
Grüdstrasse 36A
3125 Toffen
Switzerland
