Terms and Conditions (T&C)
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Overview
1. Content of the online offer
This website is operated by Edtila. Throughout the website, the terms „we“, „us“ and „our“ refer to Edtila. Edtila offers this website to you, the user, including all information, tools and services available on this website, on the condition that you accept all the terms, policies and notices set out herein. By visiting our site and/or making a purchase from us, you are using our „Service“ and agreeing to be bound by the following terms and conditions („Terms and Conditions“, „Terms“), including any additional terms and conditions and policies referred to herein and/or available via hyperlink. These Terms and Conditions apply to all users of the Site, including, without limitation, visitors, vendors, customers, merchants and/or content providers. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the Site, you agree to these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any services. Should these Terms and Conditions be deemed an offer, acceptance is expressly limited to these Terms and Conditions. Any new features or tools added to the current Store shall also be subject to these Terms and Conditions. You may view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by publishing updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the publication of changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Shop Terms and Conditions
By agreeing to these terms and conditions, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purposes, nor may you, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws).
You may not transmit viruses, worms, or any other destructive code.
A breach or failure to comply with any of the terms will result in the immediate termination of your services.
Section 2 - General Terms and Conditions
We reserve the right to refuse service at any time and for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and may (a) involve transmissions over various networks and (b) require changes to adapt to and conform with the technical requirements of connecting networks or devices. Credit card information will always be encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion 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 express written permission by us.
The headings used in this agreement are for convenience only and shall not restrict or otherwise affect these terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The materials on this site are 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 timely sources of information. Reliance on the materials on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to change the content of this site at any time, but are not obligated to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Changes to the Service and Pricing
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time and without notice.
We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the service.
Section 4 - Changes to the Service and Pricing
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time and without notice.
We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation 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 may only be returned or exchanged according to our returns policy: [LINK TO RETURNS POLICY]
We have made every effort to display the colours and images of our products that appear in the shop as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any of the products or services we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. All offers for any product or service made on this site are void where prohibited.
We do not warrant that the quality of any products, services, information, or other material 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 you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to 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 made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 at 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 as needed.
For further details, please see our refund policy: [LINK TO REFUND POLICY]
Section 7 - Optional Tools
We may provide you with access to third-party tools that we neither monitor nor control, nor have any influence over.
You acknowledge and agree that we provide access to such tools „as is“ and „as available,“ without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable in any way for your use of optional third-party tools.
The use of optional tools offered via the site is at your own risk and discretion. You should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the respective third-party providers. We may also offer new services and/or features via the website in the future (including the release of new tools and resources). These new features and/or services will also be subject to these terms and conditions.
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time and without notice.
We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the service.
Section 8 - Third-Party Links
Certain content, products and services available through our service may include materials from third parties.
Through third-party links on this site, you may be redirected to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating content or accuracy, and we do not warrant or assume any liability for third-party materials or websites, or for any other third-party materials, products, or services.
We are not liable for any damages relating to the purchase or use of goods, services, resources, content, or other transactions made in connection with any third-party sites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to that third party.
Section 9 - User Comments, Feedback, and Other Submissions
If you send us certain submissions (for example, contest entries) at our request, or without any request from us, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, „comments“), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium, at any time, without restriction, any comments that you forward to us. We are and shall remain under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but are not obliged to, monitor, edit, or remove Content that, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates the intellectual property of any party or these Terms of Service.
You agree that your comments will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 - Personal Data
Your submission of personal data via the shop is subject to our privacy policy, which you can view here: [LINK TO PRIVACY POLICY]
Section 11 - Errors, Inaccuracies and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product 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 at any time without prior notice (even after you have submitted your order) if any information in the Service or on any related website is inaccurate.
We do not undertake any obligation to update, amend, or clarify information on the Service or on any associated website, including, without limitation, pricing information, except as required by law. Any update or refresh date applied on the Service or on any associated website should not be taken to indicate that all information on the Service or on any associated website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions set forth in the General Terms and Conditions, you are prohibited from using the site or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any 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, harm, 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 any viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 for violating any of the prohibited uses.
Section 13 - Disclaimer; Limitation of Liability
We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not accept liability for the accuracy or reliability of any results obtained through the use of the service.
You agree that we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are provided „as is“ and „as available“ for your use, unless expressly stated otherwise by us, 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, title, and non-infringement.
Under no circumstances shall Edtila, 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, loss of data, cost of replacement goods or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured from the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
Section 14 - Damages
You agree to indemnify Edtila and our parent companies, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against all third-party claims and demands, including reasonable legal fees, arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 - Severability Clause
Should any provision of these terms and conditions be found to be illegal, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permissible by applicable law, and the unenforceable part shall be deemed to be severed from these terms and conditions. Such a finding shall not affect the validity and enforceability of all remaining provisions.
Section 16 - Termination
The parties' obligations and liabilities arising before the termination date shall remain in force for all purposes even after the termination of this Agreement.
These terms and conditions will remain in force until terminated by either 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 when you cease using our Site.
Furthermore, we may terminate this agreement at any time without prior notice if, in our sole discretion, you breach any term or condition of these terms and conditions, or if we suspect that you have breached any term or condition of these terms and conditions. In which case, you shall remain liable for all amounts due up to and including the date of termination; and/or we may, accordingly, deny you access to our services (or any part thereof).
Section 17 - Entire Agreement
The failure of ourselves 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 and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).
Any ambiguities in the interpretation of these general terms and conditions shall not be construed to the detriment of the drafting party.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of Germany.
Section 19 - Amendments to the General Terms
The most current version of the terms and conditions can be viewed on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
Section 20 - Contact Information
Please direct any questions regarding the terms and conditions to us at ck@olivandbrie.reisen.
You can find our contact details here:
ck@olivandbrie.reisen
Christopher Kutzer
10a Junckerstraße
16816 Neuruppin