Conditions

TERMS OF SERVICE

 

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OVERVIEW

 

This website is operated by Schmidbauer UG. Throughout the website, the terms „we“, „us“ and „ours“ refer to Schmidbauer UG. Schmidbauer UG offers this website, including all information, tools and services available on this website, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated herein.

 

If you visit our website and/or buy something from us, you are using our „Service“ and you agree to be bound by the following terms and conditions („Terms and Conditions“, „Terms“), including any additional terms and policies mentioned herein and/or available via hyperlink. These General Terms and Conditions apply to all users of the website, in particular users who are visitors, suppliers, customers, dealers and/or content creators.

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 of the terms and conditions of this Agreement, do 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 store will also be subject to the Terms and Conditions. You can review 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 of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store 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 - ONLINE STORE TERMS

 

By agreeing to these Terms and Conditions, you represent that you are at least the legal age in your country of residence, or that you are the legal age in your country of residence and have given us your consent to allow your dependents who are minors to use this website.

 

You may not use our products for any illegal or unauthorized purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any other code of a destructive nature.

 

Violation of or breach of any of these Terms will result in 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 acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform and adapt to the technical requirements of any connected network or device. Credit card information is always encrypted when transmitted over networks.

 

You agree not to reproduce, duplicate, copy, use or access any part of the Service, use of the Service or any contact on the website through which the Service is offered without our express written permission sell, resell or exploit.

 

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 any information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete or more timely 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 convenience only. We reserve the right to change content on this site at any time, but are under no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our website.

SECTION 4 - CHANGES TO SERVICE AND PRICES

 

The prices of our products are subject to change without prior notice.

 

We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.

 

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 only subject to return or exchange 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 screen will display every color correctly.

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 quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to withdraw any product from the range at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not guarantee that the quality of any product, service, information or other material purchased or acquired by you will meet your expectations, or that 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, 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 credit card and/or orders that use the same billing and/or shipping address. If we 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 the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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 more details, please read our return policy.

SECTION 7 - ADDITIONAL TOOLS

 

We may provide you with access to third party tools over which we do not monitor, control or influence.

 

You agree that we are providing access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising out of or related to your use of any additional third-party tools.

 

Any use of any additional tools offered through the Website is at your own risk and discretion and you should ensure that you agree to the terms on which the tools are made available by the relevant third party(s). are familiar with and agree with them.

 

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 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 guarantee and have no liability or responsibility for any materials or websites, or for any other materials, products or services provided by third parties.

 

We shall not be liable for any damages related to the purchase or use of any goods, services, resources, content or any other transaction made in connection with any third-party website. Please read the third party's policies and practices carefully and ensure you understand them before proceeding with any transaction. Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If you submit, at our request, certain Submissions (e.g., Contest Entries) or creative ideas, suggestions, proposals, plans, or other materials that we have not requested, online, by email, by post, or otherwise (collectively, "Comments" referred to), you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any comments you submit to us, in any medium, at any time and without restriction. We are not and will not be obligated to (1) keep Comments confidential, (2) pay any fee for Comments, or (3) respond to Comments.

We may, but are not authorized to, monitor, edit or remove any Content that we determine, in our sole discretion, to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringing on any party's intellectual property or these Terms of Service obligated.

You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy or publicity rights or any other personal or proprietary rights. You further agree that your comments will not be libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus 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 any person, or mislead us or third parties as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL DATA

 

The transmission of personal data via the shop is subject to our data protection declaration. Please read our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally our site or service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery time and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders, or to cancel orders if any information relating to the Service or on any related website is incorrect.

 

We undertake no obligation to update, change or clarify any information relating to the Service or on any related website, including but not limited to pricing information, except as required by law. Any update dates provided in relation to the Service or on any related website should not be taken as an indication that any information related to the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content for: (a) any unlawful purpose; (b) to solicit others to perform or participate in any illegal activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hurt, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) 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 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 if you violate any of the Prohibited Uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.

 

We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

 

You agree that we may from time to time remove the Service indefinitely or discontinue it at any time without notice to you.

You expressly agree that use of, 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 (except as expressly provided by us) provided to you "as is" and "as available" for your use without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement or non-infringement.

In no event shall Schmidbauer UG, our directors, officers, employees, subsidiaries, 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 kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising out of use of the Service or products procured through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to errors or omissions in content or loss e or damages of any kind arising out of the use of the Service or any content (or products) published, transmitted or otherwise made available through the Service, even if advised of its possibility.

Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify and hold Schmidbauer UG and our parent, subsidiaries, affiliates, partners, officers, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees related to any claim or demand, including reasonable attorney fees, made by To indemnify, defend and hold harmless any third party claimed for your breach of these Terms and Conditions or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

 

If 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 its validity and enforceability of the remaining provisions.

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties that arose prior to the termination date will survive termination of this Agreement for all purposes.

 

These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our website.

If in our sole discretion you have failed, 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 will deny you access about our Services (or parts 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 of Service, as well as 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, governing your use of the Service and supersede any prior or contemporaneous agreements, communications and offers, oral or in writing, between you and us (including without limitation any previous versions of the Terms and Conditions).

Any ambiguities in the interpretation of these general terms and conditions are not to be taken against the drafting party.

 

 

SECTION 18 - APPLICABLE LAW

 

These Terms and Conditions and any separate agreement under which we provide services to you shall be governed by and construed in accordance with the laws of Friedrichstrasse 26, Munich, 80801, Germany.

 

 

SECTION 19 - CHANGES TO TERMS AND CONDITIONS

 

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to regularly check our website for any changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms and Conditions will constitute acceptance of those changes.

 

 

SECTION 20 - CONTACT DETAILS

 

Questions about the General Terms and Conditions should be sent to us at a.schmidbauer@schmidbauer-sports.com.