Terms & Conditions and Right of Withdrawal
OVERVIEW Welcome to Kim Lichtblau. The terms “I”, “me”, and “my” refer to Kim Lichtblau as the operator of this shop and website. This includes all information, content, features, tools, products, and services provided to you to enable an individualized shopping experience (the “Services”). The technical foundation is Shopify, which allows me to provide these Services to you.
The following terms and conditions, as well as all policies mentioned therein (collectively, the “Terms and Conditions” or “Terms”), define your rights and obligations when using my Services.
Please read these Terms carefully, as they contain essential information regarding your legal rights, including provisions for disclaimers of warranties and limitations of liability.
By visiting, using, or interacting with my Services, you agree to these Terms and Conditions and my Privacy Policy. If you do not agree, you are not permitted to use my Services.
SECTION 1 – ACCESS AND ACCOUNT By agreeing to these Terms, you affirm that you are of legal age in your state or province of residence and that you give me permission to allow any minor dependents to use the Services on devices owned, purchased, or managed by you. To use my Services – including accessing or navigating my online shops and purchasing products or Services – certain information may be required, such as your email address, billing, payment, and shipping information. You guarantee that all information you provide is accurate, current, and complete, and that you are authorized to provide this information. You are solely responsible for the security of your account information and for all activities that occur under your account. You are not permitted to transfer, sell, assign, or license your account to third parties.
SECTION 2 – MY PRODUCTS I endeavor to display products and Services in my online shops as accurately as possible. Nevertheless, colors or representations may differ from actual colors or appearance due to your device and its settings and configurations. I do not guarantee that the quality or appearance of purchased products or Services will meet your expectations or fully match the representations in the shop. Product descriptions may be changed at any time and without prior notice at my discretion. Furthermore, I reserve the right to remove products from the assortment or to individually limit the available quantities per person, region, or jurisdiction.
SECTION 3 – ORDERS By submitting an order, you are making an offer to purchase. I may accept or reject this offer at my sole discretion for any reason. An order is only considered accepted once it has been confirmed by me. This requires the receipt and successful processing of your payment. Please check your order carefully, as cancellation requests may not be considered after acceptance. Should I not accept, change, or cancel an order, I will endeavor to reach you using the contact information provided with the order. Returns or exchanges are excluded and will only be made in accordance with my right of withdrawal. You confirm that your purchases are intended exclusively for private use, use in your household, or for furnishing your business premises and not for commercial resale or export.
Right of Withdrawal:
As we custom-make your order according to your desired configuration, a right of withdrawal is unfortunately excluded. This is in accordance with the legal regulation on the right of withdrawal and return for distance contracts. (§ 312 g para. 2 no. 1 BGB).
SECTION 4 – PRICES AND BILLING Prices, discounts, and special offers may change at any time without prior notice. The price charged for a product or Service will be the price in effect at the time of your order and will be listed in the order confirmation you receive via email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import fees. The prices stated in my online shops may differ from prices in brick-and-mortar stores or in online shops or other points of sale operated by third parties. Occasionally, I offer promotions that may affect pricing and are subject to different terms than those listed here. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the respective promotion shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in my shops. You also agree to promptly update your account and all relevant information – including email address, credit card numbers, and expiration dates – so that I can process your orders and contact you if necessary. You represent that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card in question for the purchase, (iii) the resulting costs will be covered by your credit card provider, and (iv) you will pay all applicable costs at the stated prices, including shipping and handling fees, and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY I assume no liability for delays in shipping or delivery. All stated delivery times are non-binding estimates and do not constitute a guarantee. I am not responsible for delays caused by shipping service providers, customs clearance, or events beyond my control. Once I have handed over the products to the shipping service provider, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY All components of my Services – including, but not limited to, trademarks, brand names, texts, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement – are the property of Kim Lichtblau, my affiliates, or licensors and are protected by US and international patent, copyright, and other intellectual property laws. These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without my prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content of the Services. Unless expressly provided, no provision of these Terms grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of Kim Lichtblau, Shopify, or third parties. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by me. The names, logos, product and service names, designs, and slogans of Kim Lichtblau are trademarks of Kim Lichtblau or my affiliates or licensors. Use of these trademarks without my prior written consent is not permitted. 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 within the Services belong to their respective rights holders.
SECTION 7 – OPTIONAL TOOLS
You may be granted access to customer tools offered by third-party providers as part of the Services, which I do not monitor, control, or influence.
You acknowledge and agree that I provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. I disclaim all liability arising from or related to the use of optional third-party tools.
The use of optional tools offered via the Website is solely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
I may also offer new features via the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). I am not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
I am not liable for any damages or losses incurred by your access to third-party websites or by the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party's policies and procedures and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Kim Lichtblau is powered by Shopify, which allows me to provide you with the Services. However, all sales and purchases you make in my shop are concluded directly with Kim Lichtblau. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the business between you and Kim Lichtblau, including injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with Kim Lichtblau.
SECTION 10 – PRIVACY POLICY
All personal data collected via the Services is subject to the Privacy Policy, which can be viewed by clicking the 'see above' button. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services will be shared with Shopify and with third-party providers who may be located in countries other than your country of residence, in order to provide the Services to you. Please see my 'see above' Privacy Policy for more information on how I, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant me a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any medium for any purpose, including commercial use. For example, I may exercise my rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill my obligations and exercise my rights under the Terms and Conditions.
You also represent and warrant that: (i) you own or have full rights to all Feedback content; (ii) you have disclosed all compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. I am not obligated to (1) treat your Feedback as confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
I reserve the right, but am not obligated, to monitor, edit, or remove Feedback that I, in my sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.
You warrant that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further warrant that your Feedback will not contain libelous or otherwise unlawful, abusive, 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. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. I take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Kim Lichtblau, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in any spam, phishing, pharm, pretext, spider, crawl, or scrape activity; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. I reserve the right to suspend, disable, or terminate your account at any time without notice if I determine that you have violated any part of these terms and conditions.
SECTION 14 – TERMINATION
I may terminate this agreement or your access to the Services (or any part thereof) in my sole discretion at any time without notice. You will remain liable for all amounts due up to the date of termination.
The following sections will survive any termination of the agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. I do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. I disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY KIM LICHTBLAU, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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, DURABILITY, TITLE, AND NON-INFRINGEMENT. I DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIM LICHTBLAU, PARTNERS, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kim Lichtblau, Shopify and its affiliates, partners, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
You will be notified of any indemnifiable claims; provided, however, that any failure to promptly notify you will not relieve you of your obligations hereunder unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable 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 other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of me 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 me on this site or in respect to the Service constitute the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not sublicense, assign, or transfer this agreement or your rights or obligations hereunder without our prior written consent, and any attempted assignment shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country where Kim Lichtblau is headquartered. You and Kim Lichtblau agree to the jurisdiction and personal venue of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
I reserve the right, at my sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. I will inform you of any material changes to these terms in accordance with applicable law. Such changes shall be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to info@kimlichtblau.com. Please send emails without attachments.
Contact information is listed below:
Kim Lichtblau
Email: info@kimlichtblau.com
Phone: 0049 (0)1603856334
Gerichtsweg 34, 53227 Bonn, Germany
SECTION 25 - SALE / REDEMPTION OF VOUCHERS
The sale of vouchers via this online shop takes place exclusively in the form of value vouchers, which can be used as a means of payment within my offer. The vouchers purchased here are valid exclusively within the scope of my own goods and services.
Vouchers can only be redeemed under the conditions specified. Cash payment of the voucher value or remaining credit is – to the extent legally permissible – excluded. The resale or commercial use of vouchers is not permitted without my express consent.
Vouchers have a validity period of three years from the end of the year in which the voucher was purchased, unless a different period is specified in individual cases. After the expiry of the validity period, the credit will expire.
I assume no liability for loss, theft, or unauthorized use of a voucher. Please keep voucher codes carefully.
Right of Withdrawal:
As we custom-manufacture your order according to your desired configuration, the right of withdrawal is unfortunately excluded. We are hereby following the legal regulations for the right of withdrawal and return for distance contracts. (§ 312 g Abs. 2 Nr. 1 BGB).
