These Terms of Use (“Terms”) govern your access to and use of the online shop (“Shop”) provided by Actik GmbH, Raiffeisenstrasse 4, 89079 Ulm, Germany which is entered in the B Register of Companies at the Ulm Local Court (“Amtsgericht”), HRB 724637 (hereinafter described as “Actik GmbH”).
By accessing or using the Shop, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the Shop.
1. Shop Access and Use
1.1 Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Shop. By accessing and using the Shop, you represent and warrant that you meet this eligibility requirement.
1.2 Account Registration: Some features of the Shop may require you to create an account. When registering for an account, you agree to provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.3 Product Information: We strive to provide accurate and up-to-date information about our products in the Shop. However, we do not warrant the accuracy, completeness, or reliability of any product descriptions, images, or specifications. It is your responsibility to verify the information before making a purchase.
1.4 Orders: By placing an order through the Shop, you make an offer to purchase the selected products. We reserve the right to accept or reject any order in our sole discretion. In the event of order rejection, we will notify you and provide a refund if applicable.
2. Pricing and Payment
2.1 Pricing: The prices of products listed in the Shop are subject to change without notice. We strive to ensure that all prices are accurate, but errors may occur. If there is a pricing error, we reserve the right to cancel or modify the order and provide a refund if applicable.
2.2 Payment: Payment for products purchased through the Shop must be made using the available payment methods provided. You agree to provide accurate and complete payment information. We may use third-party payment processors to process your payment, and their terms and conditions may apply.
3. Shipping and Delivery
3.1 Shipping: We will make reasonable efforts to ship the products to the address provided by you in a timely manner. Shipping costs, methods, and estimated delivery times will be displayed during the checkout process.
3.2 Delivery: The risk of loss and title for the products pass to you upon delivery. You are responsible for inspecting the products upon receipt and notifying us of any damage or defects within a reasonable timeframe.
4. Returns and Refunds
4.1 Returns: We have a returns policy that outlines the conditions and procedures for returning products. Please review our returns policy on the Shop’s website.
4.2 Refunds: If you are eligible for a refund, we will process it according to our refund policy. Refunds may be subject to certain deductions or fees as outlined in the policy.
5. Intellectual Property
5.1 Ownership: The Shop, including its content, design, and functionality, is owned by us or our licensors and is protected by intellectual property laws. You acknowledge and agree that all right, title, and interest in the Shop are and shall remain our property or the property of our licensors.
5.2 Restrictions: You agree not to reproduce, modify, distribute, display, perform, publish, create derivative works from, or exploit the Shop or its content without our prior written permission.
6. Privacy
We collect, use, and disclose your personal information in accordance with our Privacy Policy. By using the Shop, you consent to such collection, use, and disclosure, and you warrant that all data provided by you is accurate.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer: The Shop and its content are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, either express or implied. We do not guarantee that the Shop will be uninterrupted, error-free, or secure, or that any defects will be corrected.
7.2 Limitation of Liability: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Shop or these Terms, even if we have been advised of the possibility of such damages. Our total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you (if any) for the purchased products.
8. Modifications and Termination
We reserve the right to modify or terminate the Shop or these Terms at any time without prior notice. Any modifications will be effective immediately upon posting. Your continued use of the Shop after the posting of modified Terms constitutes your acceptance of the modifications.
9. Governing Law and Jurisdiction
The Utilisation Contract, including these Conditions of use, is subject to the substantial law of the Federal Republic of Germany by way of exclusion of UN Sales Law.
Any disputes arising out of or relating to these Terms or the Shop shall be subject to the exclusive jurisdiction of the courts of Ulm, Germany.