Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by mixing cultures. Throughout the site, the terms "we," "us," and "our" refer to mixing cultures. mixing cultures 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.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 or using our website. 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, 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 which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to frequently check this page for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted by IONOS. IONOS provides us with the online e-commerce platform that allows us to sell our products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the legal age in your country of residence, or that you are the legal age in your country of residence and have given us your consent to allow your dependents who are minors to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any other code of a destructive nature.
Any breach or violation of any of these Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform and adapt to the technical requirements of any connected network or device. Credit card information is always encrypted when transmitted over networks.
You agree that you will not reproduce, duplicate, copy, use or access any part of the Service, use of the Service or any contact on the website through which the Service is offered without our express written permission sell, resell or exploit.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if any information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your convenience only. We reserve the right to change content on this site at any time, but are under no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our website.
SECTION 4 - CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
IONOS shall 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 only be available in limited quantities and are only subject to return or exchange in accordance with our return policy.
We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer monitor 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 product or service we offer. All descriptions of products or services are subject to change without notice and 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 obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchase quantities per person, per household or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For further details please read our return policy.
SECTION 7 - ADDITIONAL TOOLS
We may provide you with access to third party tools over which we do not monitor, control or influence.
You agree that we are providing access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising out of or related to your use of any additional third-party tools.
Any use of any additional tools offered through the Website is at your own risk and discretion and you should ensure that you agree to the terms on which the tools are made available by the relevant third party(s). are familiar with and agree with them.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not guarantee and have no liability or responsibility for any materials or websites, or for any other materials, products or services provided by third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit, at our request, certain Submissions (e.g., Contest Entries) or creative ideas, suggestions, proposals, plans, or other materials that we have not requested, online, by email, by post, or otherwise (collectively, "Comments" referred to), you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any comments you submit to us, in any medium, at any time and without restriction. We are not and will not be obligated to (1) keep Comments confidential, (2) pay any fee for Comments, or (3) respond to Comments.
We may, but 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.
You agree that your comments will not violate any right of any third-party, including 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 Services or any related website or application. You may not use a false email address, impersonate any person, 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 DATA
The transmission of personal data via the shop is subject to our privacy policy. Please read our privacy policy for more information.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally our site or service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery time and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders, or to cancel orders if any information relating to the Service or on any related website is incorrect.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any specified update date applied 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 of Service, 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 activity; (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, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information;
(g) to upload viruses or any other type of malicious code or that in any way affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, 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 for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that 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 delivered 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, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement.
In no case shall mixing cultures, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or Losses or damages of any kind arising from the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless mixing cultures and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the extent permitted by law and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination not affecting its validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose prior to the termination date will survive termination of this Agreement for all purposes.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service 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, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kurt-Kitte-Ring 1, Neufahrn, Bavaria, 85375, Germany.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS
You can view the most current version of the General Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website frequently for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT DETAILS
Questions about the General Terms and Conditions can be found at mixing-cultures@mixing-cultures.de to address us.