Terms of service
GENERAL TERMS AND CONDITIONS
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OVERVIEW
This website is operated by MY & MT UG (haftungsbeschränkt). Throughout the website, the terms "we", "us" and "our" refer to MY & MT UG (haftungsbeschränkt). MY & MT UG (haftungsbeschränkt) offers this website, including all information, tools and services available on this website, to you, the user, on the condition that you accept all 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 following Terms and Conditions ("Terms and Conditions", "Terms"), including the additional terms and policies mentioned herein and/or available by hyperlink. These Terms and Conditions apply to all users of the website, including users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms and Conditions carefully before accessing or using our website. 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 and conditions 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.
Any new features or tools added to the current shop will also be subject to the Terms and Conditions. You can view the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace parts of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for possible changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those 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.
SECTION 1 - TERMS FOR THE ONLINE SHOP
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit worms or viruses or any other code of a destructive nature.
A breach or violation of any of these Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to any person at any time for any reason.
You understand that your information (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform to 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, use of the Service, or access to the Service or any contact 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 will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this page is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting 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 site 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 contents of this website at any time, but we are not obligated to update any information on our website. You agree that it is your responsibility to monitor changes on our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
Shopify shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the shop. We cannot guarantee that your computer monitor will display every color correctly.
We reserve the right, but are not obligated, to limit the sale of our products or services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that 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. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed by you with us. We may, at our sole discretion, limit or cancel purchase quantities per person, per household or per order. These restrictions may include orders placed by or under the same customer account or the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and correct purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please read our return policy.
SECTION 7 - ADDITIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control nor 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 whatsoever arising from or relating to your use of additional third-party tools.
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 on which the tools are provided by the respective third party/parties.
We may also offer new services and/or features through the website in the future (including the publication of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
SECTION 8 - 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 examining or evaluating the content or its accuracy and we do not warrant and assume no liability or responsibility for materials or websites or for any other materials, products or services of third parties.
We are not liable for any damages arising in connection with the purchase or use of goods, services, resources, content or other transactions in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (e.g. contest entries) or, without a request from us, creative ideas, suggestions, proposals, plans or other materials online, by e-mail, by post or otherwise (collectively referred to as "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are and will be under no obligation to (1) keep comments confidential, (2) pay compensation for comments, or (3) respond to comments.
We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy or personality rights or other personal or property rights. You further agree that your comments will not contain defamatory, libelous or otherwise unlawful, offensive, hateful or obscene material or computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false e-mail address, impersonate another person, or mislead us or third parties as to the origin of comments. You are solely responsible for your comments and their accuracy. We are neither responsible nor liable for comments posted by you or third parties.
SECTION 10 - PERSONAL DATA
The transmission of personal data through the shop is subject to our privacy policy. Please read our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or our Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. 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 relating to the Service or any related website is incorrect.
We undertake no obligation to update, amend or clarify information relating to the Service or any related website, including but not limited to pricing information, except as required by law. Any stated update dates related to the Service or any related website should not be interpreted as indicating that all information related to the Service or any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Service or any related 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 obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that the use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained by using the Service will be accurate or reliable.
You agree that we may from time to time remove the Service for an indefinite period or discontinue it at any time without notice to you.
You expressly agree that your use of the Service or 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, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall MY & MT UG (haftungsbeschränkt), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability or otherwise arising from your use of the Service or any products obtained through the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to errors or omissions in content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of their possibility.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MY & MT UG (haftungsbeschränkt) and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination not affecting the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If in our sole discretion you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications and offers, whether oral or written, between you and us (including but not limited to prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of Gottschedstr. 40, Berlin, 13357, Germany.
SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS
You can view the latest version of the Terms and Conditions at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for possible changes. Your continued use of or access to our website or the Service after the posting of changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at info@mymtstore.de.