DISCLAIMER
The information contained herein is not a substitute for legal advice and you should not rely on it alone. Specific requirements regarding legal terms and guidelines may vary from state to state and/or jurisdiction to jurisdiction. As set out in our Terms of Use, you are responsible for ensuring that your Services are permitted under the laws that apply to you and that you comply with them.
To ensure that you fully comply with your legal obligations, we strongly recommend that you seek professional advice to better understand which requirements apply to you specifically.
Terms and Conditions
These conditions
Status: [15.01.2023]
These conditions
(1) This website (the "Site") and/or the services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by [please enter company name and legal form of the shop operator] (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") can visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel the purchase agreement, and what to do if you have any problems.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.
Purchase of products
(1) The terms and conditions applicable at the time of purchase apply to the purchase of products.
(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before committing to making a purchase and (ii) completing an order on the Site (by completing a checkout using the "Order" button or similar button) may constitute a legally binding contract to purchase the relevant Product, unless otherwise provided in these Terms.
(3) You can select products from our product range and place them in the shopping cart by clicking the corresponding button. Our prices are listed on the website. We reserve the right to change our prices at any time and to correct accidental pricing errors. These changes do not affect the price of the products you have previously purchased. When paying, you will see an overview of all the products you have placed in the shopping cart. The overview includes the essential features of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, shipping costs. On the checkout page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final, binding order. All delivery times stated apply from receipt of your purchase price payment. By clicking the "Order with payment" button, you place a binding order to purchase the listed products at the stated prices and shipping costs. In order to complete the ordering process by clicking on the “Order with payment” button, you must first accept these terms and conditions as binding for your order by clicking on the corresponding box.
(4) We will then send you an email confirming receipt of your order, in which your order will be listed again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. This does not mean that we have accepted your order.
(5) The binding contract for the purchase of the products is only concluded when we send you a declaration of acceptance by email or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method and you select this payment method when placing your order, where a payment transaction is initiated immediately when you submit your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirect). In this case, the legally binding contract is concluded when you have initiated the ordering process as described above by clicking the "Order with payment" button.
(6) The purchase contract can be concluded in German. After conclusion of the contract, the contractual conditions will be stored by us and you will no longer have access to them.
Right of withdrawal
NOTE FROM WIX: The right of withdrawal must be based on a legal template. Such a legal template provides for several variants and alternative formulations depending on the circumstances of the individual case. Although Appendices 1 to 3 provide templates for three different typical scenarios (sale of one or more physical products and sale of digital content), they cannot cover all variants and alternatives that are conceivable in practice. It is therefore strongly recommended that shop operators tailor the instructions specifically to their needs.
(1) If you purchase one or more products through the Website or Services that are shipped in one delivery, the information on the right of withdrawal in Appendix 1 to these Terms and Conditions applies.
(2) If you purchase one or more products through the Website or Services that are shipped in installments, the instructions on the right of withdrawal in Appendix 2 to these Terms and Conditions apply.
(3) If you purchase one or more products consisting of digital content not provided on a physical carrier (e.g. CDs or DVDs) through the Website or Services, the instructions on the right of withdrawal set out in Appendix 3 to these Terms and Conditions apply.
(4) To exercise your right of withdrawal, you may use the withdrawal form in Appendix 4 to these Terms and Conditions. However, this is not mandatory.
Warranty for products
We are liable for material and/or legal defects in the products you purchase from us in accordance with the statutory warranty provisions.
Storage of online payment data
You can save a preferred payment method for future use. In this case, we will store this payment data in accordance with applicable industry standards where applicable (e.g. PCI, DSS). You can identify your saved card by the last four digits.
Vouchers, gift cards and other offers
From time to time, coupons, gift cards or discounts and other offers ("Offers") may be available for our products. Such Offers are valid only for the period specified in such Offer. Offers may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.
Member account
(1) In order to access and use certain areas and functions of our website, you must first register and create an account ("Member Account"). When registering your Member Account, you must provide accurate and complete information.
(2) If someone other than you accesses your Member Account and/or settings, they may perform any actions available to you, such as making changes to your Member Account. We therefore strongly recommend that you keep your Member Account login information safe. Such activities will be deemed to be for you and on your behalf, and you will be solely responsible for the activities that occur under your Member Account, whether or not you have expressly authorized them, and for any damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you have negligently enabled the use of your Member Account by failing to exercise reasonable care to protect your login information.
(3) You may create and access your member account through a dedicated website or through a third party platform such as Facebook (the “Social Network Account”). If you sign up with a Third Party Platform Account, you hereby grant us access to certain information about you stored in your Social Network Account.
(4) We may permanently or temporarily suspend or block your access to the Member Account without liability to you in order to protect us, our website and our services or other users, for example if you violate any provisions of these Terms or applicable law or provisions related to your use of the website or your Member Account. This may be done without notice if circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your Member Account with two months' notice by email, for example if we discontinue our Member Account program. You can stop using it at any time and request deletion of your Member Account by contacting us.
Permitted use
(1) Our Services are provided to you for informational purposes and solely for your personal, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted in these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including to violate the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with security-related features of our Services; (iii) use our Services in any way to manipulate or distort content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post and download material that does not comply with our content standards; (v) use our Services to deliver or facilitate the delivery of unsolicited or unauthorized advertising or promotional materials; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keyloggers, spyware, adware or other malicious programs or similar computer code that may affect the operation of any computer software or hardware designed to affect; (vii) use robots, spiders, other automatic devices or manual methods to monitor/copy our or other websites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for commercial purposes or in connection with any commercial activities without our prior written consent. You agree to fully cooperate with us in our investigation of any activities that allegedly or actually violate these Terms
Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights contained therein, are either owned by or licensed to us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights with respect to Our Intellectual Property Rights. Except as expressly provided in mandatory laws governing use of the Services or as required by law, you do not acquire any right, title or interest in or to Our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content such as music or videos, you are granted the rights set out on the Website with respect to such content.
Disclaimer of liability for use of the website and services
The Services, our intellectual property rights and all related information, materials and content made available to users free of charge are provided "as is" and without warranties of any kind, either express or implied (warranty of fitness for a particular purpose or warranties related to the security, reliability, timeliness, accuracy and performance of our services, etc.), except in cases of fraudulent concealment of defects. We do not guarantee that the free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This will not affect the warranty for products you purchase from us as described in the "Warranty for Products" section above.
liberation
You agree to defend, indemnify, and hold us harmless from all actual or alleged claims, damages, costs, liabilities and expenses (including without limitation reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Uses" section, unless such circumstances are not your fault.
Limitation of liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or slightly negligent breach of a material contractual obligation and only in the event of paid services or the sale of products. A "material contractual obligation" refers to an obligation whose fulfilment is a basic requirement for the proper fulfilment of the contract and on which you normally rely and can reasonably rely. In the event of slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract. Our liability under the Product Liability Act or in the event that we have expressly provided a guarantee remains unaffected.
(2) The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as to liability arising from legal transactions prior to the conclusion of the contract (fault at the time of conclusion of the contract). They also apply to the benefit of our managing directors, senior employees or other legal representatives, employees and vicarious agents.
Change of Terms and Services; Attitude
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law or additional features we may introduce or to otherwise advance our business. Therefore, you should read these Terms regularly and in any event during the order process when purchasing products. The new Terms will apply to any new order you place after the new Terms come into effect. If any ongoing services you use are affected by the changes to the Terms, we will do so with due consideration of your legitimate interests. We will notify you of such changes in a timely manner. If you do not object to the changes within two months of such notification, this will be deemed as consent to the changes. We will indicate this in our notification. If you object to the changes, we will have - without any further obligation to you - a special right of termination, which will take effect when the changes come into effect.
We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves, permanently or temporarily, for any reason and without further obligation. We will notify you in advance, where possible under the circumstances, and will duly consider your legitimate interests in taking such action.
Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not imply our endorsement of their owners or their content.
Applicable law
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle consumer disputes through alternative dispute resolution bodies.
DIFFERENT
(1) The waiver by either party of any breach or default under these Terms shall not constitute a waiver of any prior or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience only and have no legal significance.
(3) Unless expressly provided otherwise, if any part of these Terms is found to be illegal or unenforceable for any reason, that part of the Terms will be deleted and the remaining Terms will remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us with respect to the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us will survive, including, without limitation, provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous Section.