Terms of service
Overview
Welcome to Paula Darting! The terms “we,” “us,” and “our” refer to Paula Darting. Paula Darting operates this shop and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Paula Darting is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights and include topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you may not use or access our Services.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the Services, including browsing our online stores or purchasing products or services, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You are solely responsible for safeguarding your account login credentials and for all activities occurring under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 – Our Products
We strive to represent our products and services in our online shops as accurately as possible. However, please note that colors or product appearances may vary depending on the device you use to access the shop and its settings or configurations.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 – Orders
By placing an order, you make an offer to purchase. Paula Darting reserves the right, in its sole discretion, to accept or decline your order for any reason. Your order is not considered accepted until it has been confirmed by Paula Darting. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before submitting, as Paula Darting may not be able to accommodate cancellation requests after acceptance. If we decline, change, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of order.
Returns or exchanges are governed exclusively by our right of withdrawal policy.
You represent and warrant that your purchases are intended for personal use or household use only and not for commercial resale or export.
Section 4 – Prices and Billing
Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as stated in your order confirmation email. Unless otherwise specified, prices do not include taxes, shipping, handling, customs, or import duties.
Prices listed in our online shops may differ from prices in physical stores, other online shops, or third-party platforms. From time to time, we may run promotions affecting pricing, which may be subject to additional terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card for purchases, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and applicable taxes.
Section 5 – Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once products are handed over to the shipping carrier, ownership and risk of loss pass to you.
Section 6 – Intellectual Property
Our Services, including but not limited to all trademarks, logos, text, designs, images, graphics, product reviews, video and audio files, and their selection and arrangement, are the property of Paula Darting, its affiliates, or licensors, and are protected by U.S. and international intellectual property laws.
These Terms grant you the right to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms grants you any license or rights to patents, trademarks, copyrights, or other intellectual property of Paula Darting, Shopify, or third parties. Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted are reserved by Paula Darting.
The names, logos, product and service names, designs, and slogans of Paula Darting are trademarks of Paula Darting or its affiliates or licensors. You may not use such trademarks without prior written permission. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the property of their respective owners.
Section 7 – Optional Tools
You may be provided access to third-party tools as part of the Services that we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms provided by the applicable third-party providers.
We may also offer new features through the Services in the future (including new tools and resources). Such new features will also be subject to these Terms.
Section 8 – Third-Party Links
The Services may include materials and hyperlinks to websites operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites, and your access to them is at your own risk.
We are not liable for damages or losses arising from your access to third-party websites or your purchase or use of products, services, resources, or content from third parties. You should carefully review the policies and practices of such third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
Section 9 – Relationship to Shopify
[Note for merchants: This section accurately describes Shopify’s relationship to your shop and should not be removed or modified.]
Paula Darting is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made in our shop are between you and Paula Darting directly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Paula Darting, including injuries, damages, or losses arising from purchased products or services. You hereby expressly release Shopify and its affiliates from any liability related to your purchases and transactions with Paula Darting.
Section 10 – Privacy Policy
All personal data collected through the Services is subject to our Privacy Policy, which can be viewed [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, available [here]. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services. Data submitted to the Services will be shared with Shopify and third-party providers, which may be located in countries other than your country of residence, to enable us to provide the Services. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.
Section 11 – Feedback
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to exercise our rights under these Terms.
You represent and warrant that: (i) you own all Feedback or have the necessary rights to provide it; (ii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep your Feedback confidential, (2) compensate you for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates intellectual property rights or these Terms.
You represent that your Feedback does not infringe third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory, unlawful, abusive, or obscene material and is free of viruses or malware that could affect the operation of the Services. You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or third parties.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 – Prohibited Uses
You may access and use the Services only for lawful purposes. You agree not to access or use the Services, directly or indirectly:
(a) for unlawful or malicious purposes;
(b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse material not consistent with these Terms;
(g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate any person or entity or misrepresent your identity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Paula Darting, Shopify, or other users, or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or malicious code that could affect the functionality of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track personal information of others;
(d) engage in spamming, phishing, pharming, pretexting, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services or related websites.
We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine you have violated any part of these Terms.
Section 14 – Termination
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.
The following provisions survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 – Disclaimer of Warranties
Information presented in or through the Services is provided for general informational purposes only. We make no warranty regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from reliance placed on such materials by you, other visitors to the Services, or anyone informed of its contents.
Unless expressly stated by Paula Darting, the Services and all products offered through the Services are provided “as is” and “as available,” without warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow disclaimers of implied warranties, so the above disclaimer may not apply to you.
Section 16 – Limitation of Liability
To the maximum extent permitted by law, Paula Darting, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, shall not be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or products obtained through the Services, or for any other claims related to your use of the Services or any product, including but not limited to errors or omissions in content or any loss or damage incurred as a result of using the Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if advised of their possibility.
Section 17 – Indemnification
You agree to indemnify, defend, and hold harmless Paula Darting, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of (1) your violation of these Terms or referenced documents, (2) your violation of any law or third-party rights, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations unless materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate with us in defending claims, including providing relevant documents.
Section 18 – Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
Section 19 – Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, along with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 – Assignment
You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so is null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.
Section 21 – Governing Law
These Terms and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Paula Darting is headquartered. You and Paula Darting agree to submit to the jurisdiction and personal venue of these courts.
Section 22 – Headings
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 – Changes to the Terms
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. By continuing to use or access the Services after changes are posted, you agree to the updated Terms.
Section 24 – Contact Information
Questions about the Terms should be sent to info@darting-atelier.de.
Our contact details are as follows:
Paula Darting
info@darting-atelier.de
Hohenzollernstraße 5
79106 Freiburg im Breisgau, Germany