Terms and conditions
These conditions
(1) This website (the "Site") and/or the services, including any associated mobile applications (collectively, the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by [please enter the company name and legal form of the shop operator] (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") can visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to the Terms and Conditions and are bound by them. If you do not agree to all of the Terms, you may not access or use the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing Products. These Terms tell you who we are, how we sell products to you, how you can cancel the purchase agreement and what to do if you have any problems.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the permission of your parent or legal guardian to use the Services or purchase Products.
purchase of products
(1) The purchase of products is subject to the terms and conditions in force at the time.
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(2) When you purchase a product: (i) you are responsible for reading the item description in full before making a binding purchase, and (ii) the completion of an order on the Site (by completing a payment process using the "Buy Now" or similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these Terms provide otherwise.
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(3) You can select products from our product selection and add them to your shopping cart by clicking on the relevant button. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct any inadvertent pricing errors. These changes will not affect the price of products you have previously purchased. When you pay, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the products listed at the stated price and shipping costs. To complete the order process using the "Order with payment" button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.
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(4) We will then send you an e-mail confirmation of receipt for your order, in which your order is listed again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.
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(5) The legally binding agreement to purchase the products is only concluded when we send you a declaration of acceptance by email or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment transaction is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process, as described above, using the "Order with payment" button.
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(6) The purchase contract can be concluded in [German]. After conclusion of the contract, the contractual terms and conditions will be kept by us and you will no longer have access to them.
Right of withdrawal
You can withdraw from this contract within 14 days without giving any reason.
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The withdrawal period expires after 14 days from the day on which you or a third party other than the carrier designated by you acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us
Creations-Simon Prell
c/o IP-Management #46297
Ludwig-Erhard-Str. 18
20459 Hamburg
Germany
Email: info@genderlock.com
of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You can (but do not have to) use the attached withdrawal form for this purpose.
To meet the withdrawal period, it is sufficient that you send your notification of the exercise of your right of withdrawal before the withdrawal period has expired.
Consequences of cancellation
If you cancel this contract, we will refund to you - without undue delay and in any event no later than 14 days after receipt of the notification of your cancellation - all payments already received from you, including delivery costs (except for the additional costs incurred for a delivery method requested by you and different from the cheapest standard delivery offered by us). We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a refund. We may withhold the refund until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier.
The goods will be returned or handed over to
Creations-Simon Prell
c/o IP-Management #46297
Ludwig-Erhard-Str. 18
20459 Hamburg
Germany
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E-mail: info@genderlock.com
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without undue delay, but in any event no later than 14 days after receipt of the notification of your withdrawal. This deadline is met if you send the goods before the expiry of the 14-day period.
You will bear the direct cost of returning the goods
You are only liable for any reduction in the value of the goods if this is due to handling that is not necessary to establish the nature, characteristics and functioning of the goods.
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To exercise your right of withdrawal, you can use the withdrawal form in Appendix 1 to these conditions. However, this is not mandatory.
warranty for products
We are liable for defects in quality and/or defects of title in the products you purchase from us in accordance with the statutory warranty provisions.
storage of online payment details
You can save a preferred payment method for future use. In this case, we will store those payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Coupons, gift cards or discounts and other offers may be available from time to time for our products ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Permitted Use
(1) Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with security-related features of our Services; (iii) use our Services in any way to tamper with or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use any network monitoring software to determine the architecture of our Services or to extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services, or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in our investigation of any activity that allegedly or actually violates these Terms.
Intellectual Property Rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to our Intellectual Property Rights. Except as expressly set forth herein or required by mandatory law for use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set forth with respect to such content on the Site.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (including warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.
exemption
You agree to defend, indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.
limitation of liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. An “essential contractual obligation” means an obligation whose fulfillment is a basic requirement for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for wasted expenditure) and non-contractual liability (including liability for tortious acts) as well as liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior employees or other legal representatives, employees and vicarious agents.
Change of Terms and Services; Termination
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should review these Terms regularly and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If ongoing services you use are affected by the changes to the Terms, we will do so taking your legitimate interests into account as appropriate. We will notify you of such changes in a timely manner. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of such notification. We will indicate this in our notification. If you object to the changes, we have a special right of termination - without further obligations to you - which will take effect on the effective date of the changes.
We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, without giving any reason and without further obligation. We will, where possible under the circumstances, notify you in advance and take your legitimate interests into account in taking such measures.
Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not imply our endorsement of their owners or their content.
Applicable Law
(1) These Terms and Conditions are governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms are for convenience only and shall have no legal significance.
(3) Unless expressly provided otherwise, if any part of these Terms is held to be illegal or unenforceable for any reason, that part of the Terms is deemed to be struck and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms, or all or part of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnities, releases, exclusions of liability, limitations of liability and this Miscellaneous Section.
contact
To contact us, please send an email to:
Email: info@genderlock.com
Appendix 1
You can (but do not have to) use the following cancellation form.
(Only fill out and return this form if you want to cancel the contract)
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To
Creations-Simon Prell
c/o IP-Management #46297
Ludwig-Erhard-Str. 18
20459 Hamburg
Germany​
E-Mail: info@genderlock.com
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I/we (*) hereby give notice that I/we (*) withdraw my/our (*) purchase contract for the following goods (*)/for the provision of the following services:
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Ordered on (*)/received on (*)
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Customer's name
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Customer's address
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Customer's signature (only if this form is delivered in paper form)
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Date
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(*) Delete as appropriate.