Terms of service

Terms and Conditions of 

Sacred IT & Branding

These GTC are applicable to

  • use of the Service and access to this Application, and
  • any other related agreement or legal relationship with the Provider

in a legally binding manner. Defined terms are listed in the relevant section of this document.




Users are requested to read this document carefully.

 

 

Although the contractual relationship associated with the products is exclusively between the user and the provider, the user recognizes and accepts, in cases in which this application was obtained via the Apple App Store, that Apple can enforce these GTC as a third-party beneficiary.

This application is offered by:

Sacrarium IT & Branding Auricherstraße, 26624 Südbrookmerland

E-mail address of the provider: Jamaal.Khalek@sacrarium.gg

1. The most important things at a glance

1. a)

It should be noted that individual provisions of these GTC could only be relevant for certain user categories, for example only consumers or only users who are not acting as consumers. Such limitations of the scope of application will be expressly referred to in each relevant clause. If there is no such notice, the clause applies to all users.

1. b)

Only European consumers are entitled to the right of withdrawal.


2. TERMS OF USE

2. a )

Unless otherwise stated, accessing this application is governed by the terms set out in this section.

2. b )

Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.

2.c)

By using the Service, Users agree to comply with the following conditions:

  • Users can be consumers or business customers;
  • Users are not located in a country that is subject to a US government embargo or designated by the US government as a "terrorist supporting country";
  • Users are not listed on any US government list of prohibited or restricted parties;

 

3. Account Creation

3.a)

In order to use the service, users can register or create a user account by providing all the necessary data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in limited availability of certain features.

3.b)

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest possible security requirements for this application.

3.c)

Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to inform the Provider immediately and unequivocally, using the contact details provided in this document, if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

 

4. Conditions for creating a user account

4.a)

The creation of a user account is subject to the following conditions. By registering, the user agrees to comply with these terms.

  • The creation of user accounts through bots or other automated methods is not permitted.
  • Unless otherwise stated, each user may only create one account.
  • Unless expressly permitted, a user account may not be shared with other people.

5. Termination of User Account

5.a)

User accounts can be deleted at any time as follows:

  • By contacting the provider directly using the contact details provided in this document.

6. Blocking and deletion of the user account

6.a)

Provider reserves the right, in its sole discretion, at any time and without notice, to suspend or delete any User Account that it deems inappropriate, offensive or in violation of these T&Cs.

6.b)

Due to the blocking or deletion of user accounts, the user has no claims for damages, exemption or reimbursement.

6.c)

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

7. Content available through this Application

7.a)

Unless otherwise noted or clearly stated, all Content available through this Application is owned and provided by Provider or its licensors.

7.b)

The provider makes every effort to ensure that the content provided via this application violates applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.

7.c)

In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.

8. Rights to the content available through this application

8.a)

All rights to the content are reserved by the provider.

8.b)

Users may only use the content to the extent that this is necessary for the proper use of the service or - also implicitly - intended.

8.c)

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, change, redesign, publish, transfer to or to third parties, sell or license the content , as well as to enable third parties - even without the knowledge of the user - to carry out the specified actions via their own device.

8.d)

To the extent that this application expressly states so, the user may download, reproduce and/or distribute selected content available through this application for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are correctly attached.

Legal restrictions or exceptions remain unaffected.

9. Access to External Resources

9.a)

Users may be able to access external resources provided by third parties through this Application. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights to use such content may be granted result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.

10. Permitted Use

10.a)

This application and the service may only be used as intended and in accordance with these GTC and in accordance with the applicable statutory provisions.

10.b)

Users are responsible for ensuring that their access to this application and/or their use of the service does not violate any statutory provisions, ordinances or the rights of third parties.

10.c)

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. to deny users access to this application or the service, to terminate contracts, to report objectionable actions taking place via this application or the service to the competent authorities - such as judicial or administrative authorities - if users can be proven or suspected:

  • violate statutory provisions, ordinances or these General Terms and Conditions; or
  • violate the rights of third parties; or
  • significantly affect the legitimate interests of the provider; or
  • offend the provider or a third party.

11. Commission of the team shops

11.a )

Through this application, Team Shop owners have the opportunity to receive a commission when a user purchases a product from their Team Shop.

11.b)

The provider reserves the right to end the offer at any time and in its sole discretion.

 

11.c)

You only get the opportunity to receive a commission if you purchase a Sacrarium membership [13.1] (from 1.99 euros to 19.99 euros including VAT).

11.d)

Anyone who receives a commission through a Sacrarium membership automatically has somewhat more expensive prices in their shop than a person who does not claim a commission, because we add the commission to the prices so that the profit margin for both parties is not too low

11.e)

However, the prices will always be marketable with the competition and will never go much higher, the prices from the shop without commission, on the other hand, will always be an average of 10% below the competition (may differ!).

11.f)

The recipients of this commission must ensure that they comply with the tax guidelines of their legal form and that their profits are below the exemption limits.

 

11.g) 

The recipient only gets the commission 14 days after the product has arrived at the customer

 

 


12. TERMS OF SALE

12.1 Paid Products

12.1a) 

Some of the products available through this Application as part of the Service are chargeable.

12.2 b)

Prices, terms and other conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this application and to the sections provided for it.

12.2 Product Description

12.2 a)

Prices, descriptions and availability of the products can be viewed in the relevant areas via this application and are subject to change without notice.

12.2 b)

Although products are presented through this application with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not represent any guarantee as to the properties of the product purchased.

12.2 c)

The characteristics of the selected product will be explained during the purchase process.

12.3 Purchase Process

12.3 a) The products on the mockups may differ from the real products.

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogs and other written and electronic documents with regard to material quality, colour, weight, dimensions, design or similar features, insofar as these are reasonable for the customer. Reasonable reasons for changes can result from customary fluctuations and technical production processes.
Before the goods are produced, we create a visualization of the end product based on the data submitted by the customer. We would like to point out that the visualization only represents a non-binding preview. During production, variations in scale, positioning and colors may occur.

The color designations and size information we use are chosen by us and/or the manufacturers and are not subject to any standardization. There may therefore be differences in color and size between the different manufacturers and their products.
With regard to the colors shown, it is expressly pointed out that the display of a color differs from screen to screen. For this reason alone, the color shown in the shop cannot fully correspond to the color of the product. It should also be noted that digital printing can lead to different print results depending on the textile and the textile batch. A colour-fast and constant print result can therefore not be guaranteed.

Textile items should be washed before they are worn for the first time. Production-related chemical residues that are harmless to health are present on the textiles, which can lead to reactions with body sweat when worn.
This can lead to discolouration of the textiles, which is not a defect.

 

All steps from selecting a product to placing an order are part of the purchase process.

The purchase process includes the following steps:

  • The user selects the desired product from the range and checks their own product selection.
  • After checking the details of the product selection, the user can place the order by sending it to the provider.

12.4 Placing the Order

When the user places an order, the following applies:

  • The contract is concluded when the order is placed. Placing an order therefore obliges the user to pay the price, taxes and any other fees and expenses as indicated on the order page.
  • If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order creates an obligation on the part of the user to cooperate accordingly.
  • After placing the order, users receive a confirmation of receipt.

All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.

12.5 Prices

12.5 a)

Users will be informed of all fees, taxes and charges (including any shipping costs) they will be responsible for during the purchase process and prior to placing the order.

Prices are displayed through this application as follows:

  • either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.

12.5 b) Price reduction if no commission is wanted.

It is possible that the team shop prices can be reduced by an average of €4.95 (no guarantee) provided that the team shop owner does not have an active Sacrarium membership and therefore does not receive any commission.

 

12.6 Payment Methods

Information on accepted payment methods will be provided during the purchase process.

Some payment methods may only be available subject to additional terms or fees. In these cases, you can find the relevant information in the relevant section of the Service (this Application).

All payments are processed through third party providers. Therefore, this application does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.

If the payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.

12.7 Installment Payments

The purchase price can be paid in two or more installments. The deadlines specified on the service (this application) or the conditions specified by the provider apply.
Certain products may be exempt from this payment model.
If the user does not meet one of the payment deadlines, the entire outstanding amount is due immediately.

12.8 Authorization for Future PayPal Payments

When users authorize the PayPal feature that enables future purchases, this application stores an identification code associated with users' PayPal account. This authorizes this application to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

12.9 Retention of Title

The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.

12.10 Maintenance of Use Rights

The users do not acquire any rights to use the purchased product until the full purchase price has been paid by the provider.

12.11 Delivery

Deliveries are made to the address indicated by the user and in the manner indicated in the order summary.

Upon delivery, the User must check the contents of the delivery and immediately report any discrepancies using the contact details provided in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.

This application describes in the relevant section the countries or areas to which the goods will be delivered.

This application also describes the relevant delivery times, or alternatively these can be set during the purchase process.

12.13 Unsuccessful Delivery

The Provider shall not be liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the User, nor for damage or delays after handover to the carrier if the latter has been commissioned by the User.

If the goods are not received at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.

Unless otherwise agreed, the user shall bear the costs for each additional delivery attempt from the second delivery attempt onwards.

12.14 Provision of Digital Content

Unless otherwise specified, digital content acquired through this Application will be delivered via download to the devices chosen by users.

Users acknowledge and accept that the device(s) intended for downloading and/or using the Product and the respective software (including operating systems) must be legal, commonly used, up-to-date and in accordance with current market standards have to.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

13.Sacrarium Membership (Subscription)

13.1 Subscriptions / Sacrarium Membership

Subscriptions allow users to receive a product continuously or regularly over a period of time. Details on the type of subscription and how to cancel are set out below.

13.2 Perpetual Subscriptions

Paid subscriptions begin on the day the provider receives payment.

In order to maintain subscriptions, users must pay the required recurring fee on time. Failure to do so may result in service interruptions.

13.3 Cancellation of Perpetual Subscriptions

Perpetual subscriptions can be canceled at any time by giving clear and unequivocal notice of cancellation to the provider. For this purpose, the users have to use the contact details given in this document or - if possible - the corresponding operating elements, which are made available via this application.

Cancellations take effect immediately after the provider has received the cancellation letter.

 

13.4 Provision * 

Commission from the profit that Sacrarium earns from the sale of the product and not a percentage of the total price of the product.


13.5 + rank at team shops*

On the "https://sacrarium.shop/pages/product-list" page, you are generally displayed, sorted alphabetically and in individual sections for each letter, and if you have a higher Sacrarium membership, you are always displayed at the front/top. If two teams have the same membership, it goes back to alphabetical order.

 


13.6 Discount for the CEO*

Here, only the CEO/leading person from the team shop gets the respective discount on all their orders. It should be noted that the discount applies to the current price in the team shop and it applies to these ordersNo provisionare.
In addition, the CEO can only send these orders to a maximum of 2 addresses, once they have been defined, they can only be changed in special cases.

13.7 Custom packaging*

With this we make it possible for the organization that has the corresponding subscription to use custom packaging for their items, the cost of purchasing this packaging is borne by the organization that belongs to the team shop and then sends it to us.



14. User Rights

14.1 Right of Withdrawal

Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can learn more about the cancellation policy.

14.2 To whom the right of withdrawal applies

According to EU law, European consumers have a statutory right of cancellation for contracts that are concluded online (distance contracts). You can withdraw from the contract for any reason and without justification within the period applicable to your case. This right of withdrawal applies unless exceptions are listed below.

For users who are not acting as European consumers, the rights set out in this section do not apply.

14.3 Exercising the Right of Withdrawal

In order to exercise his right of withdrawal, the user must send the provider an unequivocal statement stating his decision to withdraw.

For this purpose, users can use the model withdrawal form found in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unequivocal statement in any other appropriate way. In order to meet the deadline to exercise this right, the user must submit the declaration of withdrawal before the expiry of the withdrawal period.

When does the cancellation period expire?

  • When buying goods The cancellation period ends 14 days after the day on which the user or a third party named by him who is not the carrier comes into possession of the goods.

  • When purchasing multiple items in one order, which are then delivered separately, the cancellation period ends 14 days after the day on which the user or a third party named by him who is not the carrier comes into possession of the last delivered goods, the last lot or the last part .

14.4 Effects of Withdrawal

Users who properly revoke a contract will be reimbursed for all payments made to the provider, including delivery costs where applicable.

However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider makes the repayment using the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the refund.

...when buying goods

The user must return or hand over the goods to the provider or a person authorized by the latter to accept the goods without undue delay and in any case no later than 14 days from the day on which he informed the provider of his decision to withdraw from the contract, unless the supplier has offered to collect the goods himself.

The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or otherwise returns the goods as stated above. The provider can refuse the repayment until he has received the goods back or until the user has provided proof that he has sent back the goods, whichever is the earlier point in time.

The user is only liable for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

The cost of returning the goods is borne by the provider.

14.5 Statutory warranty rights

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.

For users acting as European consumers, goods available through this application are covered by the statutory warranty rights in accordance with the laws of their country of habitual residence.

The national laws of these countries may grant users more extensive rights.

For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence apply.

15. Liability and Indemnification

15.1 Users in Australia

15.1 a) Limitation of Liability

Any warranty rights, conditions, guarantees, rights and remedies which users are entitled to under the Competition and Consumer Act 2010 (Cth) are entirely unaffected by the provisions of these Terms and Conditions. The same applies to any similar mandatory applicable state or local law that gives users mandatory rights. To the extent permitted by law, our liability towards users - including liability for violation of an indispensable right and any other liability not excluded by virtue of these GTC - is limited to supplementary performance or reimbursement of the costs incurred for the renewed provision of services at the reasonable discretion of the provider.

15.1 b)

Sacrarium is only liable for damages for whatever legal reason if they are caused by intent or gross negligence or the culpable breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the contractual partner can regularly rely. In the case of simple negligence, liability is limited to the foreseeable damage that is typical for the contract.

15.1 c)

The aforementioned limitations and exclusions of liability do not apply to damage resulting from injury to life, body or health for which Sacrarium is responsible, nor to liability under guarantees and under the Product Liability Act.

15.2 US Users

15.2 a) 

Disclaimer of Warranties

This Application is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties - whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law. Any advice or information, whether oral or written, that the User may obtain from the Provider or through the Service shall not create any guarantees, unless expressly stated.

Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees make no warranties that the Content is reliable, accurate or correct; that the service meets the expectations of users; that the service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through use of the Service is downloaded at your own risk. Users shall be solely responsible for any damage to User's computer system or mobile device or loss of data resulting from such download or User's use of the Service.

The Provider does not guarantee or assume any responsibility for any products or services advertised or offered by any third party through the Service or through any hyperlinked website or service, nor does it endorse any such products or services. Transactions between users and third-party providers of products or services are neither mediated nor monitored by the provider.

The Service may become inaccessible or stop working properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damage resulting from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This Agreement gives Users specific rights, while you may have other rights depending on your jurisdiction. Exclusions and limitations of liability under the Agreement are void to the extent prohibited by applicable law.

Limitation of Liability

  • To the fullest extent permitted by law, in no event shall Vendor and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other immaterial losses, arising in connection with the service or its unavailability; and

  • any damage or loss resulting from hacking, tampering or other unauthorized access or use of the Service or User Account and the information contained therein;
  • any error, error or inaccuracy in the content;
  • Damage to persons or property of any kind resulting from access to or use of the Service by the User;
  • any unauthorized access to the provider's backup servers and/or the personal information stored therein;
  • any interruption or cessation of transmission to or through the Service;
  • any bugs, viruses, Trojan horses or similar that may be transmitted to or through the Service;
  • any errors or omissions in content or for any loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and or
  • the defamatory, abusive or illegal behavior of a user or a third party. Any liability of Vendor, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claim, revenue, liability, obligation, damage, loss or expense shall be limited to the amount paid under this agreement by the user to the provider in the previous 12 months or, whichever is less, over the entire term of this agreement between the provider and the user.

This limitation of liability applies to the maximum extent permitted by applicable law, whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if Provider has been advised of the possibility of such damage .

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. These GTC grant the user certain rights, while he may have other rights depending on the legal system. The exclusions and limitations of liability under the GTC are void where prohibited by applicable law.

Damage payment

User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, arising out of

  • User's access to and use of the Service, including any data or content transmitted or received by User;
  • User's breach of these T&Cs, including but not limited to User's breach of any of the representations and warranties contained in these T&Cs;
  • User's violation of the rights of any third party, including but not limited to privacy rights or intellectual property rights;
  • the violation of legal regulations, rules or regulations by the user;
  • any content transmitted from the user account, including in the event of access by a third party using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
  • the alleged misconduct of the user; or
  • violation of any law by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the fullest extent permitted by applicable law.

 

16. Copyrights/property rights of third parties, liability release, impermissible designs by customers.

16.a)  If the customer transmits his own motif or otherwise influences the product (e.g. text personalization), the customer assures Sacrarium that the text and motif are free of third-party rights. In this case, any copyright, personality or naming rights violations are fully at the expense of the customer. The customer also assures that he does not infringe any other rights of third parties by customizing the product. In principle, every customer is responsible for obtaining the written permission of the rights holder for the use of legally protected lettering, logos, illustrations, slogans or designs and submitting it to Sacrarium without being asked.

16.b) Labels, images or other custom-made products at the request of the customer that violate the privacy of third parties, contain pornography, serve to disseminate prohibited propaganda or encourage people to commit or participate in criminal offenses will not be implemented by Sacrarium.

16.c) The customer willThe sacrariumfrom all demands and claims that are asserted due to the violation of such rights of third parties, insofar as the customer is responsible for the breach of duty. The customer refundedThe sacrariumall resulting defense costs and other damages.

16.d) Clubs in particular should observe possible guidelines, requirements and restrictions of their associations. Sacrarium assumes no liability or warranty for possible violations. This applies in particular to regulations concerning sponsor sizes and representations as well as the representation of numbers and names.

16.e)Sacrarium is entitled to show products it produces in its own catalogs and other print media, advertisements, etc. and to present them at exhibitions

16.f) The sacrariummay name the customer in any medium as a reference. This also includes the naming and use of any protected designations or logos. Sacrarium is not obliged to mention it. The customer may restrict or prohibit the mention if there are important reasons.

16.g) In the event of incorrect or overproduction, Sacrarium has the right to make the products available to other customers as samples or to use them for internal test series.

16.h) The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

Common Provisions

No Waiver

Provider's failure to assert any right under these Terms or to enforce any provision of these Terms will not constitute a waiver of such right or provision. No waiver will be deemed a further or continuing waiver.

Service Interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.

Within the framework of the legal provisions, the provider can also decide to suspend or terminate the service altogether. In the event of termination of the service, the provider will cooperate with users to enable them to delete personal data or information in accordance with the applicable law.

In addition, there may be times when the Service is unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g. industrial action, infrastructure failures or power outages, etc.).

resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit this Application and Service in any manner without Provider's express prior written permission, either granted directly or through a legitimate reseller program.

Data protection

To learn more about the use of their personal data, users can consult the privacy policy of the service (this application).

Intellectual Property Rights

Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyright, trademark rights, patent rights and design rights related to the Service (this Application) are the exclusive property of the Provider or its licensors and are protected by the applicable law or international treaties regarding intellectual property Property.

All trademarks, name or design marks - and any other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Application) are and will remain the exclusive property of Provider or its licensors and are subject to them the protection of applicable law or international treaties relating to intellectual property.

Changes to these Terms and Conditions

The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will adequately inform the user about these changes.

Such changes only affect the relationship with the user for the future.

By continuing to use the service, the user accepts the amended terms and conditions. If users do not want to be bound by the changes, they must stop using the service. If the revised terms are not accepted, either party may terminate the contract.

The respectively valid previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the GTC from the provider.

If required by the applicable law, the provider will indicate the date from which the amended GTC will apply.

Assignment of Rights and Obligations

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace with novation or pass on all rights and obligations under these GTC.
The provisions on changes to the General Terms and Conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the Provider.

Contact

All communications related to the use of the Service (this Application) must be sent to the contact details provided in this document.

Severability Clause

Should any provision of these GTC be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provision will be interpreted and modified to the extent that it is effective, enforceable and consistent with its original purpose. These GTC represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over all further communications between the parties on the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid, or is or is deemed to be invalid, the parties will use their best endeavors to reach an amicable agreement on the valid and enforceable provisions and thus the invalid, invalid or not replace enforceable parts.
Otherwise, the invalid, void or unenforceable provisions will be replaced by the applicable statutory provisions, to the extent permitted or provided for by the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of any provision of these GTC shall not nullify the Agreement as a whole, unless such provisions are essential to the Agreement or provisions of such importance that the parties would not have entered into the Agreement if they would have known of the invalidity of the provision. If the remaining conditions would lead to an unreasonable hardship for one of the parties, the nullity of the individual provision will result in the nullity of the entire agreement.

Applicable Law

These GTC are subject to the law of the place where the provider has its registered office, with the exception of conflict of laws provisions. The indication of the registered office can be found in the relevant section of this document.

Exception for European consumers

Irrespective of this, for users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection, that higher standard applies.

place of jurisdiction

The courts of the place where the provider has its registered office - as it results from the information in this document - have exclusive jurisdiction for all disputes arising from or in connection with these GTC.

Exception for European consumers

This does not apply to users who act as European consumers, nor to users who act as consumers and have their place of residence in Switzerland, Norway or Iceland.

dispute resolution

Amicable dispute resolution

Users can address any disputes to the Provider, who will try to resolve them amicably.

The user's right to take legal action remains unaffected at all times. However, in the event of any dispute regarding the use of the Service (this Application) or the Service, the User is invited to contact the Provider using the contact details provided in this document.

The User may address the complaint, including a brief description and, where applicable, details of the related order, purchase or account, to the Provider's email address provided in this document.

The provider will process the request promptly within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online alternative dispute resolution platform, which is an out-of-court method of resolving all disputes related to and arising from online sales and service contracts.

As a result, any European consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.