Terms of service

OVERVIEW

Welcome to FrostMeister! The terms “we”, “us” and “our” refer to FrostMeister. FrostMeister 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”). Our store is powered by Shopify, which enables us to provide the Services to you.

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

Please read these Terms of Service carefully, as they contain important information about your 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 of Service and our Privacy Policy: https://www.frostmeister.com/policies/privacy-policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – 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 your consent for any of your minor family members 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 of the products or services we offer, you may be asked to provide certain information, such as your email address, billing details, payment information and shipping information. You represent and warrant that all information you provide in our store is accurate, current and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account and account credentials and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every reasonable effort to accurately display the products and services available through our online stores. Please note, however, that the colours and appearance of products may differ from what appears on your screen due to the type of device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to their presentation in our online stores.

All product descriptions are subject to change at any time, at our sole discretion and without prior notice. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographical region or jurisdiction.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. FrostMeister reserves the right to accept or reject your order for any reason and at its sole discretion. Your order is not accepted until FrostMeister confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as FrostMeister may be unable to cancel it after acceptance. If we reject, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.

Your purchases may be returned or exchanged only in accordance with our Refund Policy: https://www.frostmeister.com/policies/refund-policy.

You represent and warrant that the products you purchase are intended solely for personal or household use and are not intended 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 placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the listed prices exclude VAT, shipping and handling charges, customs duties and import fees.

Prices displayed in our online stores may differ from prices offered in physical stores, other online stores or stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of 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 number and expiry date, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company, and (iv) you will pay all charges at the stated prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery dates are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Title to and risk of loss of the products pass to you when the products are transferred to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video and audio materials, and their design, selection and arrangement, are owned by FrostMeister, its affiliates or licensors and are protected by United States 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 materials contained in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or may be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property of FrostMeister, Shopify or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by FrostMeister.

The FrostMeister names, logos, product and service names, designs and slogans are trademarks of FrostMeister or its affiliates or licensors. You may not use such marks without FrostMeister’s prior written permission. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans within the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access through the Services to customer tools offered by third parties that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, conditions or endorsement. We shall have no liability 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 ensure that you are familiar with and accept the terms under which the tools are provided by the relevant third-party providers.

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

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any functionality embedded by a third party. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any loss or damage related to your access to any third-party website or your purchase or use of any products, services, resources or content available on such website. Please carefully review the third party’s policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchase transactions are made directly with FrostMeister. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sales transaction between you and FrostMeister, including any injury, damage or loss arising from the purchase of products or services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with FrostMeister.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://www.frostmeister.com/policies/privacy-policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. 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 relating to your access to and use of the Services in order to provide and improve the Services for your benefit. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in a country other than your country of residence in order to provide the Services to you. Please review our Privacy Policy at https://www.frostmeister.com/policies/privacy-policy for more detailed information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, develop, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that (i) you 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 not and shall not be obligated to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, otherwise objectionable, or infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality 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 malicious software 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 as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We accept no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information made available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, 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 if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

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, to (a) pursue any unlawful or bad-faith purpose, (b) violate any international, federal, provincial, state or local law, rule, regulation or ordinance, (c) infringe or violate our intellectual property rights or the intellectual property rights of others, (d) harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person, (e) submit false or misleading information, (f) send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms, (g) transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation, (h) impersonate or attempt to impersonate any person or entity, or (i) engage in any other conduct that restricts or inhibits anyone’s use of the Services or that, in our judgment, may harm FrostMeister, Shopify, users of the Services or any other person or expose them to liability.

You further agree not to (a) upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Services, (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services, (c) collect or track the personal information of others, (d) engage in spamming, phishing or pharming, or impersonate the Services, (e) use any robot, spider, scraping, data collection or extraction tool, automated device or process, artificial intelligence tool including agentic AI, or any other automated or manual means to access the Services, or (f) interfere with, circumvent or bypass any security or authorisation features, robot exclusion headers or other measures used to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section applies if you use, authorise, enable or instruct an Agent to access, use or interact with any of the Services. “Agent” means software or a service that takes 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 using that person’s device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, in each case, it identifies itself and acts in strict compliance with the requirements set out in Section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may restrict, including by technical means, whether and how an Agent accesses, uses or interacts with the Services.

14.4 Agents must (i) for all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent’s name by including the following string in the request: “Agent/[agent name]”; (ii) not conceal or disguise the fact that any access, use or interaction originates from an Agent, including by imitating human behaviour or interaction patterns or by completing or bypassing CAPTCHAs or other measures intended to distinguish human from computer use; (iii) respond truthfully to any questions or prompts intended to determine whether an interaction originates from a human or a computer; and (iv) not circumvent or otherwise evade any measures intended to block, restrict, modify or control whether and how Agents access, use or interact with any Shopify consumer service.

SECTION 15 – TERMINATION

We may terminate this agreement or prevent you from accessing the Services or any part thereof, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will 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.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented through or in connection with the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is entirely at your own risk. We disclaim all liability arising from reliance on such materials by you, any other user of the Services or anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY FROSTMEISTER, 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, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE 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 DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FROSTMEISTER, OUR PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING 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 OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE 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 FrostMeister, Shopify and our affiliates, partners, managers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring you to undertake non-monetary obligations without your consent, which may not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void 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 of Service. Such determination shall 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 of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, 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 drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the jurisdiction in which FrostMeister has its registered office. You and FrostMeister consent to the subject-matter, territorial and personal jurisdiction of the competent courts in that jurisdiction.

SECTION 23 – HEADINGS

The headings used in this document are included for convenience only and shall not limit or otherwise affect the provisions of these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to support@frostmeister.eu.

Our contact details:

FROSTMEISTER PIWOWAR SPÓŁKA KOMANDYTOWA
support@frostmeister.eu
Duchnicka 3 / Bud. 16, 01-796 Warszawa, Polska
+48 781 542 071
VAT: 5253034983