Matthis Bernard GmbH

Conditions

General Terms and Conditions

GENERAL TERMS AND CONDITIONS
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OVERVIEW

This website is operated by Matthis Bernard GmbH. Throughout the website, the terms “we”, “us” and “our” refer to Matthis Bernard GmbH. Matthis Bernard GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When you visit our website and/or purchase something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms", "Terms"), including the Additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are visitors, vendors, customers, merchants and/or contributors of content.

Please read these Terms and Conditions carefully before accessing our website or use these. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may 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 and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically 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 Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and have given us your consent to allow your minor dependents to use this website.
You may not use our products for illegal purposes or use the Service for any unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any other code of a destructive nature.
The Violation Violation of or violation of any of these Terms will result in an immediate termination of your Service.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (other than credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and conform to technical requirements of connecting networks or devices to adapt. Credit card information is always encrypted when transmitted over networks.
You agree not to access, use, or access the Service or any contacts on the website through which the Service is provided without our express written permission offered to reproduce, duplicate, copy, 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 information made available 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 or used as the sole basis for making decisions without consulting 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 page may contain certain historical information. Historical information may not necessarily be current and is provided for your convenience only. We reserve the right to change the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - CHANGES TO PERFORMANCE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. Shopify will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website . These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer screen will display every color accurately.
We reserve the right, but are not obligated, to limit the sales 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 descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or acquired by you will meet your expectations, or that any errors in the Service will be corrected.

**Right of Cancellation **
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods.
In order to exercise your right of cancellation, you must contact us (Matthis Bernard GmbH , Ludwig-Rinn-Str. 14, 35452 Heuchelheim, info@matthisbernard.com) by means of a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract.
To protect the For the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired.

**Return conditions**
After exercising the right of cancellation, the goods must be returned immediately and in any case within fourteen days at the latest to be returned or handed over to us from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
We will bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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 quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for to indicate all purchases made in our shop. 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 review our Returns Policy.

**Payment conditions**
We accept the following payment methods: Credit card (Visa, MasterCard, American Express), PayPal, Sofortüberweisung. The purchase price is due immediately upon ordering.

**Retention of title**
The goods remain our property until full payment.

SECTION 7 - ADDITIONAL TOOLS
We may offer you Access to third-party tools over which we neither monitor nor have any control nor input. You agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of additional third-party tools.
Any use of additional tools offered through the website is at your own risk and discretion and you should ensure that you agree with the terms on which the tools are provided by the relevant third party provider(s). You are familiar with and agree to them.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Any such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available via 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 accuracy and we do not warrant and will not have any liability or responsibility for any materials or websites, or for any other materials, products or services provided by third-parties.
We will not be liable for any damages arising in in connection with the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in 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, at our request, you submit certain submissions (such as contest entries ) or without a request from us, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may use any comments, that you forward to us may be edited, reproduced, published, distributed, translated and otherwise used in any medium at any time and without restriction. We are and will have no obligation to (1) maintain any comments confidential, (2) pay compensation for any comments, or (3) respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service obliged.
You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain 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 Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise 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 INFORMATION
Submission of personal information through the store is governed by our Privacy Policy. Please read our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors, inaccuracies or omissions on our website or in our Service that may relate to product descriptions, pricing, promotions, offers , product shipping fee, delivery time and availability included. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) relating to the service or is incorrect on any related website.
We undertake no obligation to update, amend or clarify information relating to the Service or on any related website, including without limitation, pricing information, except as required by law . Any update dates provided in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to interfere with or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, 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 of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (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; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the use of our Service will be uninterrupted, timely, secure 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 from time to time we may remove the service for indefinite periods of time or discontinue the service at any time, without notice to you.
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 offered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, neither express nor implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.
In no event shall Matthis Bernard GmbH, our directors, officers, employees , affiliates, agents, contractors, interns, suppliers, service providers or licensors shall be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) or strict liability, or otherwise arising from the use of the Service or products procured through the Service, or for any other claim relating in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind arising from the use of the service or any content (or products ) posted, transmitted or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions , our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree, Matthis Bernard GmbH and our parent, subsidiaries, affiliates, partners, officers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees of any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party are asserted.

SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable , such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms and conditions are effective unless and until terminated by either you or us.You may terminate these Terms and Conditions 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 fail to comply with any term or provision of these Terms and Conditions or if we suspect that you have failed to comply with them, 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 accordingly, you may be denied access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure by us 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 and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions are shall not be construed against the drafting party.

SECTION 18 - SUBJECT TO CHANGE
We reserve the right to change these Terms and Conditions at any time. Changes do not apply to orders that have already been placed. The current version of the General Terms and Conditions can be viewed on our website.

SECTION 19 - APPLICABLE LAW
The law of the Federal Republic of Germany applies to all disputes arising from or in connection with this contract. The place of jurisdiction is Giessen.

SECTION 20 - CONTACT INFORMATION
Please send questions about the General Terms and Conditions to: info@matthisbernard.com.

Matthis Bernard GmbH
Ludwig-Rinn-Str. 14
35452 Heuchelheim
Germany