Términos del servicio

OVERVIEW

Welcome to variva! The terms “we”, “us” and “our” refer to variva. variva operates this shop and this website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). variva shop is powered by Shopify, which enables us to provide the Services.

 

These Terms of Service, together with the policies referenced herein (these “Terms”), describe your rights and obligations when using the Services.

 

Please read these Terms carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

 

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

 

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are of legal age in your state or region of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices owned, purchased or managed by you.

To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our shops is accurate, current and complete and that you have full authority to provide such information.

You are solely responsible for the security of your account login details and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.

 

SECTION 2 – OUR PRODUCTS

We strive to display our products and services in our online shops as accurately as possible. However, please note that colours or appearances of products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or correspond to the representations in our online shops.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of any products offered to any person, geographic region or jurisdiction, on a case-by-case basis.

 

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Mein Shop reserves the right to accept or decline your order at our sole discretion and for any reason. Your order is only deemed accepted once confirmed by Mein Shop. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting, as Mein Shop may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, amend or cancel an order, we will attempt to notify you using the email, billing address or phone number provided at the time of order.

Returns or exchanges of purchases will only be made in accordance with our Return Policy [LINK].

You represent and warrant that your purchases are for personal 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 prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs or import duties.

The prices listed in our online shops may differ from those in physical stores or online shops or other shops operated by third parties. From time to time, we may offer promotions that affect pricing and that are subject to terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion 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 your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card details you provide are true, accurate and complete, (ii) you are authorised to use the card for purchases, (iii) charges incurred will be honoured by your card provider, and (iv) you will pay all charges incurred at the stated prices, including shipping and handling fees and any 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 shipping providers, customs clearance or events beyond our control. Once we hand over products to the shipping 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, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are the property of Mein Shop, its affiliates or licensors and are protected by UK and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. 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 shall be construed as granting any licence or other rights in patents, trademarks, copyrights or other intellectual property of Mein Shop, Shopify or third parties.

The names, logos, product and service names, designs and slogans of Mein Shop are trademarks of Mein Shop or its affiliates or licensors. You may not use such marks without prior written consent. Shopify names, logos, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans used in the Services are the property of their respective owners.

 

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, which we neither monitor nor control.

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 endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such features will also be subject to these Terms.

 

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials or 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 third-party materials or websites. If you choose to access third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses arising from your access to third-party websites or from your purchase or use of products, services, resources or content from third parties. You should carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims or concerns about third-party products and services should be directed to the relevant provider.

 

SECTION 9 – RELATIONSHIP TO SHOPIFY

[NOTE FOR MERCHANTS: This section accurately characterises Shopify’s relationship to your shop and should not be removed or modified.]

Mein Shop is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made in our shop are concluded directly with Mein Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Mein Shop, including injuries, damages or losses caused by purchased products or services. You hereby expressly release Shopify and its affiliates from any and all liability for claims, damages or liabilities arising from your purchases and transactions with Mein Shop.

 

SECTION 10 – PRIVACY POLICY

All personal data collected by us through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal data may also be subject to Shopify’s privacy policy, available here [LINK]. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services, in order to provide and improve the Services. Data you submit to the Services may be transferred to Shopify and third-party providers located in countries other than your country of residence, to provide the Services to you. Please refer to 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 transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, enhance and promote the Services and to fulfil our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or otherwise have full rights to all Feedback content; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for your Feedback or (3) respond to your Feedback.

We reserve the right, but are not obliged, to monitor, edit or remove Feedback that we determine, at our discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.

You represent that your Feedback does not infringe third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory, unlawful, abusive or obscene material and is free from viruses or other 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 as to the origin of Feedback. You alone are responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times and 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 and without prior notice (including after you have submitted your order).

 

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You must not, directly or indirectly, use the Services:

(a) for unlawful or malicious purposes;

(b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances;

(c) to infringe upon 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 person;

(e) to submit false or misleading information;

(f) to send, knowingly receive, upload, download, use or re-use material that does not comply 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 attempt to impersonate such; 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 Mein Shop, Shopify, or users of the Services, or expose them to liability.

 

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;

(c) collect or track the personal information 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, related websites, 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

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice. You will remain liable for all amounts due up to the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any provisions which, by their nature, should survive termination.

 

SECTION 15 – DISCLAIMER

The information presented in or through the Services is made available solely for general information purposes. We make no guarantees as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, other visitors to the Services, or anyone informed of its contents.

 

UNLESS EXPRESSLY STATED BY MEIN SHOP, THE SERVICES AND ALL PRODUCTS PROVIDED 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 BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND 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 the exclusion of implied warranties, so the above exclusion may not apply to you.

 

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Mein Shop, our affiliates, directors, officers, employees, agents, contractors, suppliers, service providers or licensors, or those of Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use 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 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 Mein Shop, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, made by any third party due to or arising from (1) your breach of these Terms 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.

 

We will notify you of any indemnifiable claims, provided that failure to give prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may assume control of the defence and settlement of such claims at your expense, including choice of counsel, but will not settle any claim without your consent (which may not 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 enforceable 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; ENTIRE AGREEMENT

Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, 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 these Terms or any rights or obligations hereunder without our prior written consent, and any attempt to do so 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 any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws and jurisdiction of the courts of the country in which Mein Shop has its principal office. You and Mein Shop agree to submit to the jurisdiction and personal authority 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 TERMS OF SERVICE

You can review the most current version of the Terms of Service 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 will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes constitutes acceptance of those changes.

 

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@variva.com. 

Our contact details are as follows:
variva GmbH
Ebertplatz 19
50668 Cologne
Commercial Register 124044 Cologne