Terms of service

OVERVIEW

Welcome to Heleny Shop! The terms “we”, “us” and “our” refer to Heleny Shop. Heleny Shop operates this shop and this website, including all associated information, content, functions, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Heleny Shop is based on Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referenced herein (these “General Terms and Conditions” or “Terms”) describe your rights and obligations when you use the Services.

Please read these General Terms and Conditions carefully, as they contain important information about your legal rights and deal with topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these General Terms and Conditions, you declare that you are of legal age in the federal state or region in which you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased or manage.
In order to use the Services, including accessing or navigating our online shops or purchasing products or Services that we offer, you may be required to provide certain information, such as your email address as well as billing, payment and delivery information. You represent and warrant that all information you provide in our shops is correct, current and complete and that you are fully authorized to provide such information.
You are solely responsible for the security of your account credentials and for all activities on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and Services in our online shops as accurately as possible. However, we point out that colors or the appearance of products may differ from the colors displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of products or Services purchased by you will meet your expectations or correspond to the representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to withdraw products from the assortment at any time and to limit the quantities of products that we offer to a person, in a geographic region or within a jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. Heleny Shop reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only deemed accepted after confirmation by Heleny Shop. Acceptance of your order is subject to receipt and processing of your payment. Please check your order carefully before submitting it, as Heleny Shop may no longer be able to consider cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to inform you using the email address, billing address and/or telephone number provided at the time of the order.
Returns or exchanges of your purchases are made exclusively in accordance with our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal use or for use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

All prices in this shop are final prices. In accordance with § 19 UStG, no VAT is shown, as the seller is not subject to VAT as a small business.
Prices, discounts and special offers may be changed without prior notice. The price charged for a product or Service is the price valid at the time of the order and is stated in the order confirmation that you receive by email. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, processing, customs or import fees.
Prices stated in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions different from these Terms. In the event of inconsistencies between the terms of a promotion and these General Terms and Conditions, the terms of the promotion shall prevail.
You agree to provide current, complete and correct purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorized to use such credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company and (iv) you will pay the charges incurred by you at the stated prices, including shipping and processing fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping service providers, customs clearance or events beyond our control. Once we have handed over the products to the shipping service provider, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, texts, representations, images, graphics, product reviews, video and audio files as well as their design, selection and arrangement, are the property of Heleny Shop, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These General Terms and Conditions permit you to use the Services exclusively 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 in the Services. Unless expressly provided herein, no provision of these General Terms and Conditions grants you a license or other rights to patents, trademarks, copyrights or other intellectual property of Heleny Shop, Shopify or third parties, nor can such a grant be inferred from these provisions. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Heleny Shop.
The names, logos, product and service names, designs and slogans of Heleny Shop are trademarks of Heleny Shop or its affiliates or licensors. You may not use these trademarks without the prior written permission of Heleny Shop. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor influence.
You acknowledge and 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 disclaim any liability arising from or related to your use of optional third-party tools.
Use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms under which the tools are provided by the respective third-party providers.
We may also in the future offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these General 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 functions). We are 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 decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damage or loss caused 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 policies and practices of the third party and make sure 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

[NOTE FOR MERCHANT: This section characterizes the relationship of Shopify to your shop precisely and should not be removed or changed].
Heleny Shop is operated by Shopify, which enables us to provide you with the Services. However, all sales and purchases that you make in our shop are concluded directly with Heleny Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Heleny Shop, including injuries, damages or losses arising from purchased products and Services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and liabilities arising out of or in connection with your purchases and transactions with Heleny Shop.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. 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.
Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is shared with Shopify as well as third-party providers who may be located in countries other than the country in which you reside in order to provide the Services for you. More information on how we, Shopify and our partners use your personal data can be found in our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as “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. We may, for example, use our rights under this license to operate, provide, evaluate, expand, improve and promote the Services and to fulfill our obligations and exercise our rights under the General Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or have full rights thereto; (ii) you have disclosed all compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these General Terms and Conditions. We are not obligated to (1) treat your Feedback as confidential, (2) pay compensation for Feedback, or (3) respond to Feedback.
We reserve the right, but are not obligated, to monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property rights or these General Terms and Conditions.
You represent that your Feedback does not violate any third-party rights, including copyright, trademark, privacy or personal rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene content and is free of viruses or malware. You may not use a false email address, impersonate another person or mislead us or third parties as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or a 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 costs, transit times and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies or omissions, to change or update information or to cancel orders at any time and without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (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, libel, 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 that does not comply with these General 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 natural or legal person; 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 Heleny Shop, 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 affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP

We may terminate this agreement or your access to the Services (or parts thereof) at any time at our sole discretion without prior notice. You remain liable for all amounts due up to the date of termination.
The following sections shall survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented in or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim any liability and responsibility arising from the fact that you or other visitors of the Services or other persons who are informed about their content rely on these materials.
Unless expressly stated by heleny shop, the services and all products offered through the services are provided “as is” and “as available” for your use, without express or implied representations, warranties or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee or warrant that your use of the services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the extent permitted by law, heleny shop, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors or those of Shopify and its affiliates shall in no case be liable for 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, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of the services or any products obtained through the services, or for any other claims in any way related to your use of the services or any product, including, but not limited to, any errors or omissions in content or any loss or damage of any kind arising from the use of the services or any content (or products) 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 Heleny Shop, 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, payable to third parties and arising from (1) your breach of these General Terms and Conditions or the documents they refer to, (2) your violation of any law or the rights of a third party or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that a failure to promptly notify you does not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such a claim at your expense, including the selection of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these General Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nevertheless be effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such determination.

SECTION 19 – WAIVER, ENTIRE AGREEMENT

The failure of our part to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions 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 General Terms and Conditions 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 your consent or notification.

SECTION 21 – GOVERNING LAW

These General Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Heleny Shop has its principal place of business. You and Heleny Shop agree to the jurisdiction and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this agreement are for convenience only and shall not affect these General Terms and Conditions.

SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS

You can review 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 parts of these General Terms and Conditions 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 shall take effect on the date specified in the notice. By continuing to use or access the Services after the posting of changes to these General Terms and Conditions, you agree to those changes.