Terms and Conditions
GENERAL TERMS AND CONDITIONS
OVERVIEW
These General Terms and Conditions apply to all users of the website, especially users who are visitors, providers, customers, merchants, and/or authors of content. Please read these General Terms and Conditions carefully before accessing or using our website. By the
By accessing or using any part of the website, you agree to these Terms and Conditions. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. This website is operated by us. Throughout the website, the terms "we", "us", and "our" refer to the operator of the site. We provide you with this website along with all available information, tools, and services on it, on the condition that you accept all the terms, conditions, policies, and notices stated here. When you visit our website and/or purchase something from us, you use our "service" and agree to be bound by the
to be bound by the following General Terms and Conditions ("General Terms and Conditions", "Conditions"), including the additional terms and conditions and policies mentioned herein and/or available via hyperlink.
All new features or tools added to the current shop are also subject to the Terms and Conditions. You
You can view the latest version of the General Terms and Conditions at any time on this page. We reserve the right to update, change, or replace parts of these General Terms and Conditions by publishing updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. By continuing to use the website after the publication of any changes, you accept these changes.
Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
CONDITIONS FOR THE ONLINE SHOP
By agreeing to these General Terms and Conditions, you declare that you are at least of legal age in the country of your residence.
or that you are of legal age in the country of your residence and have given us your consent for your minor relatives to do this.
You are allowed to use the website. You may not use our products for illegal or unauthorized purposes, nor may you violate laws in your jurisdiction (including, but not limited to, copyright laws) by using the service. You may not transmit any worms or viruses or any other destructive code. Violation of or infringement of any of these terms will result in the immediate termination of your services.
GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to any person at any time for any reason. You acknowledge that your information (except for credit card information) may be transmitted unencrypted and (a)
Transfers over various networks may include (b) changes to meet and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, the use of the service, or access to the service or any contacts on the website through which the service is provided without our express written permission. The headings used in this agreement are for convenience only and do not limit or affect these terms.
otherwise directed at them.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this page is not accurate, complete, or current. The material on this website is for general information purposes only and should not be relied upon as the sole basis for decisions without checking primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this website is at your own risk. This page may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change the content on this website at any time, but we are not obligated to update any information on our website. You agree that you are responsible for changes on our.
To monitor the website.
CHANGES TO PERFORMANCE AND PRICES
The prices for our products may change without prior notice.
We reserve the right to change the service (or any part or content thereof) at any time without notice.
terminate. Shopify is not liable to you or third parties for changes, price changes, suspension, or discontinuation of the service.
PRODUCTS OR SERVICES
Certain products or services may only be available online through the website. These products or services may only be available in limited quantities and are subject to return or exchange only in accordance with our return policies. We have made every effort to display the colors and images of our products that appear in the shop as accurately as possible. We cannot guarantee that your computer screen will display every color accurately. We reserve the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices may be changed at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time.
to accept an offer. Any offer for a product or service made on this website is void where prohibited. We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit the quantities accepted.
limit or cancel per person, per household, or per order. These restrictions may include orders placed by or under
placed using the same customer account or credit card and/or orders that use the same billing and/or shipping address. If we need to change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates,
so that we can complete your transactions and contact you if necessary.
For further details, please read our return policy.
ADDITIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or influence. You agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We accept no liability arising from your use of additional third-party tools or related to it.
Any use of additional tools offered through the website is at your own risk and discretion,
and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third party/ies. We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these General Terms and Conditions.
THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for the examination or evaluation of the content or its accuracy, and we make no guarantees and assume no liability or responsibility for materials or websites or for other materials, products, or services from third parties. We are not liable for any damages related to the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites. Please carefully read the policies and practices of the third party and ensure that you understand them before conducting a transaction. Complaints, claims, concerns, or questions regarding
Products from third parties should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit certain entries (e.g., competition entries) at our request or creative ideas without being prompted by us,
By submitting suggestions, proposals, plans, or other materials online, via email, by post, or otherwise (collectively referred to as "Comments"), you agree that we may edit, reproduce, publish, distribute, translate, and otherwise use in any medium any Comments you forward to us at any time and without limitation. We are and will not be obligated to (1) treat Comments as confidential, (2) pay compensation for Comments, or (3) respond to Comments. We may classify content that we deem unlawful, offensive, threatening, defamatory, slanderous, pornographic, obscene, or otherwise objectionable or as infringing the intellectual property of any party or these Terms and Conditions.
monitor, edit, or remove, but are not obligated to do so.
You agree that your comments do not violate the rights of third parties, including but not limited to copyright, trademark, privacy, or personality rights, or other personal rights or property rights. You further agree that your comments do not contain defamatory, libelous, or otherwise unlawful, offensive, hateful, or obscene material, or computer viruses or other malware that could impair the operation of the services or any associated website or application in any way. You must not use a false email address, impersonate any person, or mislead us or third parties regarding the origin of comments.
You bear sole responsibility for comments and their accuracy. For comments published by you or third parties, you are
we are neither responsible nor liable.
PERSONAL DATA
The transmission of personal data through the shop is subject to our privacy policy. Please read our
Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, it may happen that our website or our service has typographical errors, inaccuracies, or omissions in
Reference to product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability included. We reserve the right to correct any errors, inaccuracies, and omissions and to change or update information or cancel orders at any time and without prior notice (even after you have placed your order) if any information regarding the service or on any related website is incorrect. We have no obligation to update, modify, or clarify information regarding the service or on any related website, including but not limited to pricing information, unless required by law.
The stated update dates provided in relation to the service or any associated website should not be understood as an indication that all information regarding the service or any associated website has been changed or updated.
PROHIBITED APPLICATIONS
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content.
to use for the following purposes: (a) for unlawful purposes; (b) to solicit others to engage in or participate in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) false or
to transmit misleading information; (g) to upload or transmit viruses or any other type of harmful code that in any way affects the functionality or the Powered by Shopify www.shopify.de (g) to upload or transmit viruses or any other type of harmful code that in any way affects the functionality or operation of the service or any associated website, other websites, or the internet; (h) to collect or track personal data of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any
for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the service or any associated website, other websites, or the internet. We reserve the right to terminate your use of the service or any associated website if you disregard any of the prohibited applications.
DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee, assume responsibility, or provide warranty that the use of our service will be uninterrupted, timely,
is secure or error-free. We do not guarantee that the results obtained through the use of the service will be accurate or reliable.
You agree that we may remove the service at any time indefinitely or discontinue it at any time without notice to you.
can. You expressly agree that the use of the service or the inability to use the service is at your sole risk. The service and all products and services offered to you through the service are provided to you (unless expressly stated by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, legal defect liability, or non-infringement of
Third Party Rights. Under no circumstances shall SchmerlerMarketing, our directors, officers, employees, subsidiaries, agents, contractors,
Interns, suppliers, service providers, or licensors liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, data loss, recovery costs, or similar damages, regardless of whether they are based on
based on a contract, an unlawful act (including negligence) or strict liability, or otherwise from
arise from the use of the service or products obtained through the service, or for other claims that in any way
related to the use of the service or a product, including but not limited to errors or omissions in content
or losses or damages of any kind arising from the use of the service or from content (or products) provided through the service
published, transmitted, or otherwise made available, even if the possibility of this was pointed out. Since some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in these states or jurisdictions, our liability is limited to the maximum legally permissible extent.
COMPENSATION
You agree to indemnify SchmerlerMarketing and our parent company, subsidiaries, affiliates, partners, executives
Employees, executives, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and staff in
connection with claims or demands, including reasonable attorney's fees, made by third parties due to your violation of this
General Terms and Conditions or the documents that are part of them by reference, or your violation of a
to compensate, defend, and hold harmless against claims made under the law or the rights of a third party.
SAVING CLAUSE
If it turns out that a provision of these General Terms and Conditions is unlawful, void, or unenforceable, this
However, the provision is enforceable within the legally permitted scope, and the non-enforceable part is considered as excluded from these General Terms.
Terms and conditions separated, whereby such determination shall not affect the validity and enforceability of the remaining
provisions.
TERMINATION
The obligations and liabilities of the parties that arose before the termination date survive the termination of this agreement for all purposes. These Terms and Conditions remain valid until terminated by you or us. You may terminate these Terms and Conditions at any time by informing us that you no longer wish to use our services, or if you cease to use our website. If you fail to comply with any provision of these Terms and Conditions at our sole discretion, or we suspect that you have, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our services (or any part thereof).
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions constitutes
no waiver of this right or provision.