Terms and Conditions

OVERVIEW

This website is operated by Europapa Handels GmbH. Throughout the website, the terms "we", "us" and "our" refer to Europapa Handels GmbH. Europapa Handels GmbH offers this website, including all information, tools and services available on this website, to you, the user, on the condition that you accept all terms, conditions, policies and notices specified herein.

By visiting our website and/or purchasing anything from us, you are using our "Service" and agree to be bound by the following Terms and Conditions ("Terms and Conditions", "Terms"), including any additional terms and conditions and policies mentioned herein and/or available by hyperlink. These Terms and Conditions apply to all users of the website, especially users who are visitors, providers, customers, dealers and/or authors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of the services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

All new features or tools added to the current store are also subject to the Terms and Conditions. You can view the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace parts of these Terms and Conditions by publishing updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. By continuing to use the website after the publication of any changes, this shall be deemed acceptance of these changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS FOR THE ONLINE STORE

By agreeing to these Terms and Conditions, you represent that you are at least of legal age in the country of your residence or that you are of legal age in the country of your residence and have given us your consent that your minor family members may use this website.

You may not use our products for illegal or unauthorized purposes nor may you violate the laws of your jurisdiction by using the Service.

You may not transmit worms or viruses or any other destructive code.

Violation of or breach of any of these conditions will result in the immediate termination of your use of the Service.

SECTION 2 - GENERAL TERMS

We reserve the right to refuse the Service to any person at any time for any reason.

You acknowledge that your information (except credit card information) may be transmitted unencrypted and (a) transmissions may involve different networks as well as (b) changes to meet the technical requirements of connected networks or devices. Credit card information will always be encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Service, the use of the Service, or access to the Service or any contacts on the website through which the Service is offered without our express written permission.

The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this page is not accurate, complete or up to date. The material on this website is for general information purposes only and should not be used as the sole basis for decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.

This page may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change content on this website at any time, but are not obligated to update any information on our website. You agree that you are responsible for monitoring changes on our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

The prices for our products may be changed without prior notice.

We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.

Shopify is not liable to you or any third party for changes, price changes, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. These products or services may be available only in limited quantities and are subject only to return or exchange in accordance with our return policy.

We have endeavored to represent the colors and images of our products appearing in the store as accurately as possible. We cannot guarantee that your computer screen displays every color correctly.
We reserve the right, but are not obligated, to limit the sale of our products or services to certain persons, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All product descriptions or product prices may be changed at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not guarantee that the quality of products, services, information, or other materials you purchase or acquire will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any order you place with us. We may, at our discretion, limit or cancel the quantities accepted per person, per household, or per order. These limitations may include orders placed by or under the same customer account or credit card and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

For further details, please read our return policy.

SECTION 7 - ADDITIONAL TOOLS

We may offer you access to third-party tools that we do not monitor, control, or influence.

You agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability for any damages resulting from or related to your use of additional third-party tools.

Any use of additional tools offered through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third party or parties.

We may offer new services and/or features through the website in the future (including the publication of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that do not partner with us. We are not responsible for reviewing or evaluating the content or its accuracy and make no guarantee, representation, or liability for materials or websites or other materials, products, or services from third parties.

We are not liable for any damages arising in connection with the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites. Please carefully read the third party's policies and practices and ensure that you understand them before conducting a transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit certain submissions (e.g., contest entries) at our request or creative ideas, suggestions, proposals, plans, or other materials without our request online, by email, by mail, or otherwise (collectively referred to as "Comments"), you agree that we may at any time and without limitation edit, duplicate, publish, distribute, translate, and otherwise use Comments you submit to us in any medium. We are not and will not be obligated to (1) treat Comments as confidential, (2) pay compensation for Comments, or (3) respond to Comments.
We may monitor, edit, or remove content that we, at our discretion, deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or as the intellectual property of any party or as infringing these Terms and Conditions, but we are not obligated to do so.
You agree that your Comments do not infringe any third party rights, including copyright, trademark, privacy, or other personal or property rights. You further agree that your Comments do not contain libelous, defamatory, or otherwise unlawful, offensive, hateful, or obscene material, or computer viruses or other malware that could in any way impair the operation of the Services or any associated website or application. You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of Comments. You are solely responsible for your Comments and their accuracy. We are neither responsible nor liable for Comments published by you or third parties.

SECTION 10 - PERSONAL DATA

The submission of personal data through the store is subject to our Privacy Policy. Please read our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our website or Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, and omissions and to change or update information or cancel orders at any time without prior notice (even after you have placed your order) if information regarding the Service or any associated website is incorrect.

We assume no obligation to update, change, or clarify information regarding the Service or any associated website, including, but not limited to, pricing information, unless required by law. Any update dates cited in relation to the Service or any associated website should not be understood as an indication that all information regarding the Service or any associated website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following:(a) unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, state, or local regulations, rules, laws, or ordinances; (d) to impair or infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; 
(g) to upload or transmit viruses or any other type of harmful code that in any way impairs the functionality or operation of the Service or any associated website, other websites, or the internet; (h) to collect or track the personal data of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; or (k) to interfere with or bypass the security features of the Service or any associated website, other websites, or the internet. We reserve the right to terminate your use of the Service or any associated website if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY

We do not guarantee, assume or warrant that the use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be achieved through the use of the service will be accurate or reliable.

You agree that we may remove the service for an indefinite period from time to time or discontinue it at any time without notice to you.
You expressly agree that your use of the service, or your inability to use the service, is at your sole risk. The service and all products and services offered to you through the service are provided to you "as is" and "as available" (unless expressly stated otherwise by us), without any warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, reliability, non-infringement of third-party rights or non-contradiction of third-party rights.
In no event shall Europapa Handels GmbH, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any breach, 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, data loss, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising from the use of the service or from products obtained through the service, or for any other claims related in any way to the use of the service or a product, including, but not limited to, errors or omissions in content or any losses or damages of any kind resulting from the use of the service or content (or products) published, transmitted or otherwise made available through the service, even if advised of the possibility thereof.
As some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those countries or jurisdictions, our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Europapa Handels GmbH and our parent company, subsidiaries, affiliates, partners, officers, executives, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees in connection with claims or demands, including reasonable attorney's fees, brought by third parties due to your breach of these General Terms and Conditions or the documents incorporated by reference herein, or your breach of any law or the rights of a third party.

SECTION 15 - SEVERABILITY CLAUSE

If any provision of these General Terms and Conditions is found to be unlawful, invalid or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by law, and the unenforceable part shall be deemed severed from these General Terms and Conditions, without such determination affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this agreement for all purposes.

These General Terms and Conditions remain valid until terminated by you or us. You may terminate these General Terms and Conditions at any time by notifying us that you no longer wish to use our services, or by discontinuing your use of our website.
If you fail to comply with any provision of these General Terms and Conditions, or we believe that you have failed to do so, we may terminate this agreement at any time without notice, and you shall remain liable for all amounts due through the termination date, and/or we may deny you access to our services (or parts thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these General Terms and Conditions does not constitute a waiver of such right or provision.

These General Terms and Conditions, as well as the policies or operating instructions published by us on this website or in relation to the service, constitute the entire agreement and understanding between you and us, govern your use of the service, and supersede all prior or contemporaneous agreements, communications and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the General Terms and Conditions).
Any ambiguity in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These General Terms and Conditions and all separate agreements under which we provide you with services are subject to the laws of Am Bahndamm 5, Nettetal, NRW, 41334, Germany and shall be construed in accordance therewith.

SECTION 19 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

You can view the most current version of the General Terms and Conditions on this page at any time.
We reserve the right to update, change or replace any part of these General Terms and Conditions at our sole discretion by publishing updates and changes on our website. It is your responsibility to regularly check our website for any changes. By continuing to use our website or the service after the publication of changes to these General Terms and Conditions, you agree to accept such changes.

SECTION 20 – CONTACT INFORMATION

Questions about the General Terms and Conditions should be directed to us at info@lenye.de.