Terms of service
OVERVIEW
Welcome to FeinTalkum Germany! The terms “we,” “us,” and “our” refer to FeinTalkum. FeinTalkum operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). FeinTalkum uses Shopify, which enables us to provide the Services to you.
The following Terms of Use and all policies referenced herein (these “Terms of Use” or “Terms”) describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence and that you have given us your permission to allow any of your minor dependents to use the Services on any device you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that colors and product appearance may vary from what you see on your screen due to the device you are using and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the images shown in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products offered to specific individuals, regions, or jurisdictions.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. FeinTalkum reserves the right to accept or decline your order at its sole discretion. Your order is not considered accepted until FeinTalkum has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as FeinTalkum may not be able to accommodate cancellations after order acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided with the order.
Your purchases can only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time of ordering and is shown in your order confirmation email. Unless expressly stated otherwise, prices quoted do not include taxes, shipping and handling fees, customs duties, or import taxes.
The prices listed in our online shops may differ from the prices in our physical stores, online shops, or other third-party shops. We may occasionally offer promotions on our services, which may affect prices and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and the terms of the online shop, the applicable terms and conditions shall apply.
These General Terms and Conditions apply, as do the terms of the promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, and (iii) any charges you incur will be paid by us.
Your credit card company and (iv) you will pay any charges incurred on the stated prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand the products over to the shipping carrier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, representations, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are owned by FeinTalkum, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, edit, publicly display, publicly perform, republish, download, store, or transmit the content of the Services. Except as expressly stated herein, these Terms do not grant you any license or other rights to any patents, trademarks, copyrights, or other intellectual property rights of FeinTalkum, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by FeinTalkum.
FeinTalkum's names, logos, product and service names, designs, and slogans are trademarks of FeinTalkum, its affiliates, or licensors. You may not use these trademarks without FeinTalkum's prior written consent. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may have access to third-party customer tools. We do not monitor, control, or influence over these tools.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranty, representation, or condition of any kind, and without any endorsement. We assume no liability whatsoever for the use of optional third-party tools.
The use of optional tools offered through the website is entirely at your own risk and discretion. You should familiarize yourself with and accept the terms of use of the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). These new features will also be considered part of the Services and are subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access. If you leave our Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damages related to your access to third-party websites or the purchase or use of any products, services, resources, or content on such websites. Please read the guidelines and practices of the respective third-party provider carefully and ensure that you comply with them.
Understand this before you complete a transaction. Please direct any complaints, claims, concerns, or questions regarding third-party products and services directly to the respective third-party provider.
SECTION 9 – BUSINESS RELATIONSHIP WITH SHOPIFY
[NOTICE TO MERCHANTS: This section accurately describes the business relationship between Shopify and your store and may not be removed or altered.] FeinTalkum uses Shopify to provide our services to you. However, all sales and purchases you make in our store are made directly with FeinTalkum. By using the services, you acknowledge that Shopify is not responsible for any aspect of sales between you and FeinTalkum, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with FeinTalkum.
FeinTalkum uses Shopify to provide you with our services. SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read and understood this Privacy Policy.
The Services are hosted by Shopify. Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit to the Services is shared with and transferred to Shopify and third parties, who may be located in countries other than your country of residence, to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Notice [LINK].
... SECTION 11 – FEEDBACK
When you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, offers, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent that: (i) you own all rights to your Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) treat your Feedback as confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove feedback that we, in our sole discretion, determine to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of third parties or these Terms of Service.
You agree that your feedback will not infringe any rights of third parties, including but not limited to copyright, trademark, personality, or other proprietary rights. You further agree that your feedback will not contain libelous, unlawful, abusive, or obscene content, or computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or any third party as to the origin of feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for any feedback posted by you or any third party.
You agree that your feedback will not infringe any rights of third parties, including but not limited to copyright, trademark, personality, or other proprietary rights. You further agree that your feedback will not contain any libelous, unlawful, abusive, or obscene content, nor will it contain any computer viruses or other malware that could affect the operation of the Services or any related website. SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, without prior notice (even after you have placed your order).
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SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You may not use or access the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe our or any third party's intellectual property rights; (d) to harass, abuse, insult, harm, defame, disparage, disparage, intimidate, or damage our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or cause to be sent any advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate any other person or organization; or (i) to otherwise limit or prevent others from using or enjoying the Services, or that could cause harm or liability to FeinTalkum, Shopify, or users of the Services.
In addition, you agree not to: (a) upload or transmit any viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) disrupt or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated these Terms of Service.
SECTION 14 – TERM
Termination
We may terminate this Agreement or your access to the Services (or any part thereof) at any time at our sole discretion without notice. You will remain obligated to pay all amounts due up to the termination date.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability Clause, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided on or through the Services is provided for general informational purposes only. We make no warranties as to the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is at your own risk. We exclude all liability for damages resulting from your or other users' reliance on this information, or from any third party who becomes aware of its content.
Unless expressly stated otherwise by FeinTalkum, the services and all products offered through the services are provided "as is" and "as available," 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. We do not guarantee that your use of the services will be uninterrupted, timely, secure, or error-free. Some jurisdictions restrict or prohibit the exclusion of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, FeinTalkum, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and Shopify and its affiliates shall in no event be liable for any injury, loss, claim, or 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, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or any other legal theory. Any liability, regardless of the law, is excluded.
Liability for any and all claims arising from your use of the Services or products purchased through the Services, or for any other claims related to your use of the Services or any product, including but not limited to errors or omissions in content or any loss or damage of any kind resulting from the use of the Services or any content (or products) posted, transmitted, or otherwise made available through the Services, is excluded, even if advised of the possibility of such damage.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FeinTalkum, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your violation of applicable law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. However, failure to notify you will not release you from your obligations unless you suffer significant disadvantage as a result. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which may not be unreasonably withheld). You are required to cooperate in the defense of indemnifiable claims, in particular by providing relevant documents.
SECTION 18 – SEVERABILITY CLAUSE
If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Use. The validity and enforceability of the remaining provisions shall not be affected.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in respect to the Service, constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed as a remedy.
Liability is attributed to the drafter of this agreement.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or your rights and obligations under it without our prior written consent. Any such attempt is void. We may transfer, assign, or delegate this agreement and our rights and obligations without your consent or notice.
SECTION 21 – 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 the federal and state or territorial courts located at FeinTalkum's registered office. You and FeinTalkum consent to the jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not affect the validity of these terms.
SECTION 23 – CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace these Terms of Service at any time by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms of Service in accordance with applicable law. These changes will become effective on the date specified in the notification. Your continued use of the services after changes to these Terms of Service are posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
For questions regarding the Terms of Service, please contact info@feintalkum.de.
Our contact details
You can find our contact information below:
Feintalkum
info@feintalkum.de
M.O. Fein Talkum GmbH, Peutestrasse 53,
20539 Hamburg
Deutschland
[INSERT PHONE NUMBER]
[INSERT VAT NUMBER]
