These are the terms and conditions for: https://berlingonzalez.shop By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions, the privacy policy, the cookie policy, the shipping policy and the refund policy. In these terms and conditions, the words "website" refers to BerlinGonzalez Shop website, "we", "us", "our", and "BerlinGonzalez Shop" refers to BerlinGonzalez Shop, and "user", “customer”, "you", and “your" refers to you, the user and customer of BerlinGonzalez Shop. The following terms and conditions apply to the website, products and services offered by BerlinGonzalez Shop. This includes the mobile and tablet versions as well as any other version of BerlinGonzalez Shop accessible via desktop, mobile, tablet, social media or other devices. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.

ELIGIBILITY

You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. Access to the website and purchase of products are available to all ages. It is the responsibility of parents or legal guardians to determine whether the content and products are appropriate for their children or minors in their care. By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms. You represent and warrant that your use of the website does not violate any applicable law or regulation. BerlinGonzalez Shop may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

NOTIFICATIONS AND NEWSLETTER

By providing BerlinGonzalez Shop with your email address and phone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. If you do not wish to receive these emails or SMS messages, you may opt out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. This option may prevent you from receiving emails or messages about updates to your order, news or special offers on our products.

ACCOUNT

Users may register and log in to the website through their Discord accounts. You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify BerlinGonzalez Shop of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without BerlinGonzalez Shop's prior authorization. BerlinGonzalez Shop will not be liable for any loss or damage arising from your failure to comply with this agreement. Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to BerlinGonzalez Shop. BerlinGonzalez Shop reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if BerlinGonzalez Shop believes that you have violated any of these terms and conditions.

ORDERS

BerlinGonzalez Shop provides 2 different methods to purchase our products, ensuring that each user can choose the method that best suits their needs. The available methods are as follows: Ordering from the Website without login: For those users who prefer a more direct option, we offer the possibility to place orders without logging in. By simply stating their username and adding BerlinGonzalez Shop accounts in the game, users can receive cosmetics via the gift feature after a 48-hour waiting period. This method only supports card payments. Users will be able to select the desired cosmetics from our store and will be redirected to the payment process, after which the cosmetics will be instantly sent to their in-game account. Ordering via WhatsApp: We offer an innovative purchase option via a WhatsApp bot, where the user will be required to provide a unique access code for verification and execution of the purchase. The details of the account where the redemption will take place will be presented, and a confirmation from the user will be required to proceed. This method stands out for its ease of use and immediate access to assistance during the purchase process. By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Please check the features of the products before placing the order. When a customer places an order, BerlinGonzalez Shop will send that customer an email whose purpose is to confirm the purchase and payment. This confirmation email will be produced automatically so that the user has confirmation of their purchase and order details. We reserve the right to limit the number of units purchased by each user. BerlinGonzalez Shop also reserves the right to limit sales of our products by region or jurisdiction. All products sold in BerlinGonzalez Shop are final, non-tradeable, they do not store any monetary value, and cannot be exchanged for real world currency. BerlinGonzalez Shop may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled by BerlinGonzalez Shop, any payment made for the products will be refunded in full. This does not affect your statutory rights. We reserve the right, especially in cases where high volumes of purchases by a user are observed, to require KYC verification or request additional details related to the payment method used for transactions. All new orders are considered separately and each is treated individually.

PRICES

BerlinGonzalez Shop reserves the right to determine the price of the products. Product prices will be available in-store on our website. Product prices are subject to change at any time without notice. BerlinGonzalez Shop will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order. Please note that the balance available in the user's account within our web panel is subject to change or modification at any time, particularly in response to price adjustments on the website. We may make modifications to the user's balance to align its value with the new established rates.

PAYMENTS

Customers can pay for products using the following payment methods: Credit/Debit Card (Visa, Mastercard, Discover, Amex, Diners, etc.) Cryptocurrencies. The customer shall pay the price of the product stipulated in the order before the product is delivered to the customer according to the method of payment used by the customer. The payment will be charged to the payment method selected by the customer immediately after placing the order for the products purchased. In the case of payment via cryptocurrencies, the payment will be processed through the customer's wallet in a decentralized manner. Once a transaction is processed, we will send an electronic receipt of the transaction to the customer's email address. If you find any inconsistency in your billing, please contact us through our contact details or you can make the claim through the customer service of the relevant payment processor. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code. If your payment is declined, you will need to provide an alternative payment method or provide another card on which payment can be charged and processed. Your payment details will be treated securely for the sole purpose of processing the purchase of the products. Your payment method information will not be stored by us. BerlinGonzalez Shop reserves the right to contract any available payment processor.

PRODUCT DESCRIPTIONS

BerlinGonzalez Shop attempts to be as accurate as possible. However, BerlinGonzalez Shop does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user's device screen.

DELIVERY OF PRODUCTS

While we aim for instant product deliveries, it is essential to recognize that these are subject to item availability and certain technical and operational limitations. In circumstances where errors or complications arise that prevent immediate delivery, we will endeavor to communicate any potential delays to our users, providing an estimate of the new delivery window as soon as possible. It should be noted that, due to in-game operational policies, each of the BerlinGonzalez Shop accounts added by our customers has a sending limit of 5 gifts per day. This restriction may impact our users' ability to purchase, even if BerlinGonzalez Shop accounts have been added more than 48 hours in advance. In situations where the shipping limitation affects the availability to make purchases, we are committed to inform users about the next available delivery opportunity. Likewise, we suggest our users to increase the number of BerlinGonzalez Shop accounts added to improve their purchasing capacity and avoid possible inconveniences.

LIMITATION OF LIABILITY

BerlinGonzalez Shop operates as an independent entity and maintains no relationship with Epic Games, Fortnite, or any of their subsidiaries or affiliated entities. The provision of our services does not imply any type of association, collaboration, or endorsement by Epic Games or Fortnite. In this sense, BerlinGonzalez Shop's responsibility is limited exclusively to the services offered directly on our website and does not extend to the operation or functionality of Fortnite or any other Epic Games platform. It is imperative for BerlinGonzalez Shop users to adhere to the official regulations, terms and conditions established by Fortnite and Epic Games in the use of their services and platforms. The responsibility for ensuring compliance with all terms, policies, and conditions established by Epic Games and Fortnite rests solely with the user. BerlinGonzalez Shop will not assume any responsibility for actions that violate the guidelines, terms, or conditions imposed by such entities. Users must understand that any transaction or activity performed on BerlinGonzalez Shop that may influence or interact with their Fortnite accounts is subject to Epic Games' regulations and restrictions. Accordingly, BerlinGonzalez Shop strongly encourages all users to review and fully understand Epic Games' and Fortnite's terms of service and privacy policies before conducting any transactions through our website. In the event of any conflicts, disputes or repercussions arising from the user's failure to comply with Epic Games or Fortnite regulations, BerlinGonzalez Shop shall be exempt from all liability, and the user shall face the consequences of their actions in accordance with the policies established by the aforementioned entities. BerlinGonzalez Shop undertakes to offer assistance and guidance within the scope of our services, but will not be able to intervene in matters regulated exclusively by third parties such as Epic Games and Fortnite.

INTELLECTUAL PROPERTY.

Materials on the website, including, without limitation, name, text, columns, graphics, videos, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by BerlinGonzalez Shop or by third parties. You acknowledge and agree that all materials licensed by BerlinGonzalez Shop on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without BerlinGonzalez Shop prior express written permission. Any trademarks, logos, skins, artworks and other objects of intellectual property (either registered or unregistered), presented on BerlinGonzalez Shop, belong to their respective owners, including Epic Games, and there are no implied licenses to use them, unless otherwise stipulated by the owner in writing. Any unauthorized use is an infringement sanctioned by the applicable legislative framework.

PROHIBITED ACTIVITIES

The following activities are prohibited: Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure. Deep-link to any part of our website for any purpose without our express written permission. "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission. Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by BerlinGonzalez Shop. Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.

DISCLAIMER OF WARRANTIES

Because of the nature of the Internet BerlinGonzalez Shop provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse BerlinGonzalez Shop for any loss or damage caused as a result. BerlinGonzalez Shop shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure. These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, BerlinGonzalez Shop excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to BerlinGonzalez Shop and BerlinGonzalez Shop shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to: Any incorrect or inaccurate information on the website. The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website. Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control. Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong. Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from BerlinGonzalez Shop. All representations, warranties, conditions and other terms which but for this notice would have effect.

THIRD PARTIES

Through your use of the website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where BerlinGonzalez Shop provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that BerlinGonzalez Shop are in no way responsible or liable for any such third-party sites.

INDEMNIFICATION

You agree to defend and indemnify BerlinGonzalez Shop and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: Your breach of this agreement or the documents referenced herein. Your violation of any law or the rights of a third party. Your purchase of the products.

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by BerlinGonzalez Shop for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

PERSONAL DATA

Any personal information you submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.

INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by BerlinGonzalez Shop, shall constitute the entire agreement between you and BerlinGonzalez Shop concerning and governs your use of the website.

ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity thereof, as well as the purchase of our products, shall preferably be resolved by binding arbitration between you and BerlinGonzalez Shop. However, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains. In the event of any dispute arising in connection with your use of the website, purchase of our products or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following applicable commercial arbitration rules. In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and the purchase of our products. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Delaware. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Delaware. This applies unless binding arbitration is agreed to in the applicable section.

FINAL PROVISIONS

Your use of our website and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied. Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our website. Information provided or collected in connection with your use of the website and purchase of our products will be subject to these requirements. In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future. We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below: BerlinGonzalez Shop, LLC. Email: support@berlingonzalez.shop