AGB's
TERMS OF USE
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OVERVIEW
This website is operated by Ohmytea. Throughout the site, we use the terms “we”, “us” and “our” to refer to Ohmytea. This website, including all information, tools and services available from this site are offered by Ohmytea to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
IBy visiting our website and/or purchasing something from our company, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”), including those terms, conditions and policies referenced herein and/or accessible by hyperlink. These Terms of Use apply to all users of the Website, including but not limited to individuals who are visitors, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access or use the website or its services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new tools or features that are added to this store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check this page from time to time for changes. Your continued access to or use of the Site following the posting of changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. This company provides us with the online e-commerce platform through which we can sell our products and services to you.
SECTION 1 - TERMS OF USE FOR THE ONLINE STORE
By accepting these Terms of Service, you represent that you are at or over the age of majority in your region, province or state of residence and you have given us permission to allow any minor for whom you are responsible to use this site.
You may not use our products in any way for any illegal or unauthorized purpose or in violation of any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service.
You must not transmit any computer worms, viruses or other code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Service.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your Content (excluding your credit card information) may be transferred unencrypted and that this includes (a) transmissions over multiple networks; and (b) changes made for the purpose of complying with and conforming to technical requirements of connecting networks or devices. Your 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 without our express written permission.
The headings used in this Agreement are included for informational purposes only and will not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable if the information provided on this website is inaccurate, incomplete or out of date. The content of this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete or up-to-date sources of information. If you rely on the content of this website, you do so at your own risk.
This website may contain certain historical data. Historical data is by definition not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but are under no obligation to update the information of any kind contained herein. You acknowledge that it is your responsibility to monitor our website for changes.
SECTION 4 - CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.
We shall not be liable to you or any third party for any price changes or for any modification, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online via the Website. Quantities of these products or services may be limited and their return or exchange may be strictly subject to our return policy.
We have made every effort to display the colors and images of the products contained in the store as accurately as possible. However, we cannot guarantee that the colors will display accurately on your computer screen.
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 reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offers of products or services on this website are void where prohibited by law.
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 that may appear 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, household or order. Such restrictions may include orders placed by or through the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you at the e-mail address and/or billing address or phone number you provided at the time the order was placed. We reserve the right to restrict or prohibit orders that we believe 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 in our store. You agree to promptly update your account and all other information, including your e-mail address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
Weitere Informationen finden Sie in unseren Rückgabebestimmungen.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for anything arising out of or in connection with your use of the optional third-party tools.
Any use by you of the optional tools offered through the Website is at your sole discretion and risk. In addition, it is your responsibility to familiarize yourself with the terms and conditions under which these tools are provided by the relevant third party provider(s) and to accept those terms and conditions.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 - LINKS FROM THIRD PARTIES
Certain content, products and services accessible through our Service may contain material from third parties.
The third-party links on this site may direct you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content of the websites or other content, products or services available from third party sources.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions associated with these third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third party products should be directed to those same third parties.
ARTICLE 9 - COMMENTS, TESTIMONIALS AND OTHER SUBMISSIONS
If you submit specific content at our request (for example, as part of your participation in contests), or if you submit creative ideas, suggestions, plans, or other items without our request, online, by email, by postal mail, or otherwise (collectively, “Comments”), you grant us the right at all times, without restriction, to modify, copy, publish, distribute, translate, and exploit any Comments you submit to us. We are and shall be under no obligation (1) to maintain the confidentiality of any Comments; (2) to provide compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, remove content or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments must not violate in any way the rights of any third party, including copyright, trademark, privacy, personality or other personal or intellectual property rights. You also agree that your comments must not contain any illegal, offensive or obscene material, or any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You must not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are fully responsible for all comments you post and their accuracy. We accept no liability for any comments posted by you or any third party.
ARTICLE 10 - PERSONAL DATA
The transmission of your personal data in our store is subject to our privacy policy. Click here for our privacy policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Site or Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, delivery times or availability of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update date is set that will be applied to the Service or any related website to indicate that all information provided in the Service or on any related website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit any third party to commit or participate in any unlawful acts; (c) to violate any local ordinance or any international, federal, provincial or state regulations, rules or laws; (d) to violate our intellectual property rights or the rights of any third party; (e) to harass, abuse, insult, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability ; (f) to make false or misleading statements; (g) to upload or transmit 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 personal information about others; (i) to spam, phish, abuse a domain, extort information, search or explore the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures 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 have violated any of the usage restrictions.
ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, certify or represent that your use of our Service will be uninterrupted, secure, prompt or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may cancel the Service from time to time for indefinite periods of time or terminate it at any time without notice.
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 made available to you through it are (unless expressly stated by us) provided “as is” and “subject to availability” for your use, without representation, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and freedom from counterfeit.
In no event will Ohmytea, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to, lost profits, revenue, savings or data, replacement costs or similar damages, whether in contract or tort (including negligence), and any other liability arising out of your use of the Service or any service or product on which it relies, or 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 any Content or any loss or damage arising out of the use of the Service or any Content (or product) posted, transmitted or made available via the Service, even if you have been advised of the possibility that it may occur. 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 extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify Ohmytea and our parent company, affiliates, partners, managers, agents, contractors, licensors, service providers, suppliers, interns and employees for claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents referred to herein, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, such holding shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall remain in force for all purposes after the termination of this Agreement.
These Terms of Use will remain in effect unless terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or if you cease using our Website.
If we determine or suspect, in our sole discretion, that you are not in compliance with any provision of these Terms of Use, we may terminate this Agreement at any time without notice. You will then remain liable for all amounts due up to and including the termination date, at which point we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The failure of us 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 or any other policies or rules that we post on this site or that apply to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and 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 ambiguity in the interpretation of these Terms of Use shall not be construed against the publisher.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of Germany.
ARTICLE 19 - CHANGES TO THE TERMS OF USE
You can review the current version of the Terms of Use 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 such updates and/or changes to our website. You are responsible for checking our website from time to time for changes. By continuing to access or use our website and the Service after changes have been made to these Terms of Use, you agree to be bound by them.
ARTICLE 20 - CONTACT DETAILS
If you have any questions about the terms of use, please contact contact@ohmytea.co