AGB

 

Welcome to info@stevemaddena.shop.

These Terms of Service (“Terms”) govern your access to and use of the info@stevemaddena.shop online store, including all information, products, services, features, and purchases made through our Shopify-powered website.

Throughout these Terms, “we,” “us,” and “our” refer to info@stevemaddena.shop. “You,” “your,” and “customer” refer to any visitor, user, or purchaser using our website.

By accessing our website or placing an order, you agree to these Terms. Mandatory rights available to consumers under applicable German and European Union law remain unaffected.

1. Scope of These Terms

These Terms apply to:

• Use of our online store;

• Purchases made through our website;

• Orders, payments, deliveries, returns, and refunds;

• Customer accounts and communications;

• Other services made available through our Shopify store.

Additional policies available on our website, including our Privacy Policy, Return and Refund Policy, Shipping Policy, and Legal Notice, form part of the terms governing your use of our store where applicable.

If any provision of these Terms conflicts with a mandatory consumer protection rule that cannot legally be excluded, the mandatory legal rule will prevail.

2. Eligibility to Use Our Store

By placing an order, you confirm that you have the legal capacity required to enter into the relevant purchase contract or that you are acting with any legally required authorization or consent.

You must provide accurate, complete, and current information when placing an order.

You may not use our website or products for unlawful or fraudulent purposes.

3. Product Information

We make reasonable efforts to ensure that product descriptions, images, specifications, sizes, colors, prices, and other information displayed on our website are accurate.

However, the appearance of colors and products may vary depending on your device, screen settings, lighting, or other technical factors.

Minor variations that do not constitute a legal defect may occur where reasonable and permitted by applicable law.

Product availability is subject to change. We reserve the right to discontinue products or update product information where permitted by law.

Nothing in this section limits your statutory rights where goods are defective, incorrectly described, or otherwise fail to conform to the contract.

4. Prices

Prices applicable to your order are displayed on our website and during checkout.

The total amount payable will be presented before you submit your order, including applicable taxes and any additional charges that must be disclosed under applicable law.

Where our Shipping Policy provides free standard shipping, no standard shipping charge will be added to eligible orders.

We may change product prices at any time before an order is placed. Price changes will not retroactively affect a purchase contract that has already been validly concluded.

If an obvious pricing or technical error occurs, we may contact you before accepting the affected order and provide you with appropriate options in accordance with applicable law.

5. Placing an Order

Products displayed on our website constitute an invitation for customers to submit an order.

By completing the checkout process and submitting your order, you submit an offer to purchase the products contained in your order at the displayed total price.

After you place an order, you may receive an automatic order acknowledgment confirming that we have received your order.

Unless the acknowledgment expressly states otherwise, an automated acknowledgment of receipt does not by itself necessarily constitute acceptance of your offer.

A purchase contract is concluded when we expressly accept your order or dispatch the ordered goods, whichever constitutes acceptance according to the communications sent to you and applicable law.

6. Order Acceptance and Cancellation

We may refuse or cancel an order before a contract has been concluded where there is a legitimate reason, including:

• A product being unavailable;

• Payment authorization failure;

• Suspected fraud or unauthorized activity;

• An obvious pricing or technical error;

• Incorrect or incomplete order information;

• Legal or regulatory restrictions affecting the transaction.

If we cancel an order after payment has already been collected and no valid purchase contract will be fulfilled, the applicable amount will be refunded using the appropriate payment method.

Nothing in this section limits a consumer's mandatory statutory rights.

7. Payment

Available payment methods are displayed during checkout.

Payment may be processed by Shopify, payment processors, banks, card networks, or other payment service providers.

By submitting payment information, you confirm that you are authorized to use the selected payment method.

The availability of particular payment methods may depend on your location, order value, currency, payment provider, or other legitimate factors.

We do not guarantee that every payment method will be available for every transaction.

8. Delivery

Orders will be delivered according to our Shipping Policy and the shipping information provided during checkout.

Customers are responsible for providing an accurate and complete delivery address.

If you discover an error in your shipping information, please contact us as soon as possible at:

info@info@stevemaddena.shop

We will make reasonable efforts to assist before dispatch, but changes cannot be guaranteed once an order has entered fulfillment or shipment.

Any delivery estimates provided by us are subject to the provisions of applicable consumer law.

9. Transfer of Risk

For consumer purchases, the risk of accidental loss or damage to goods will transfer in accordance with applicable mandatory consumer law.

Nothing in these Terms is intended to transfer transportation risks to a consumer earlier than permitted by applicable law.

10. Retention of Title

To the extent permitted by applicable law, goods remain our property until the purchase price for those goods has been paid in full.

11. Statutory Right of Withdrawal

Consumers entering into eligible distance contracts may have a statutory right to withdraw from the contract.

For eligible online purchases of goods, the statutory withdrawal period is generally 14 days, subject to the applicable legal requirements and statutory exceptions.

You do not need to provide a reason when validly exercising the statutory right of withdrawal.

To exercise your right of withdrawal, contact:

info@info@stevemaddena.shop

Your communication must clearly indicate your decision to withdraw from the relevant purchase contract.

Detailed information concerning withdrawal procedures, return conditions, return costs, and refunds is provided in our Return and Refund Policy.

Nothing in these Terms limits or replaces mandatory statutory withdrawal rights.

12. Returns and Refunds

Returns and refunds are handled in accordance with our Return and Refund Policy and applicable consumer law.

Where you validly exercise a statutory right of withdrawal, refunds will be processed within the period required by applicable law.

Where legally permitted, reimbursement for goods may be withheld until the goods have been returned or you provide evidence that the goods have been sent back.

Any statutory rights relating to defective or non-conforming goods remain separate from the right of withdrawal.

13. Defective or Non-Conforming Goods

Consumers are entitled to statutory rights if goods are defective or fail to conform to the purchase contract.

Depending on the circumstances and applicable law, statutory remedies may include:

• Repair;

• Replacement;

• Price reduction;

• Termination of the contract and refund where the applicable legal requirements are satisfied.

Where statutory remedial performance is required, necessary costs will be handled in accordance with applicable law.

No provision of these Terms excludes or reduces mandatory statutory warranty or conformity rights.

If you believe you have received a defective, damaged, incorrect, or non-conforming product, contact:

info@info@stevemaddena.shop

14. Right of Withdrawal Exceptions

The statutory right of withdrawal may not apply to certain contracts or products where an exception is established by applicable law.

Depending on the circumstances, these may include certain:

• Personalized or custom-made goods;

• Goods that deteriorate or expire rapidly;

• Sealed goods unsuitable for return for health protection or hygiene reasons after the seal has been removed;

• Goods that become inseparably mixed with other items after delivery;

• Other goods or services expressly excluded from withdrawal rights by applicable law.

An exception will only be applied where the legal requirements for that exception are satisfied.

15. Promotions and Discount Codes

We may occasionally offer promotional prices, discount codes, or other offers.

Unless otherwise stated:

• Promotions may be subject to specific conditions;

• Discount codes may not be combined;

• Promotional offers may be withdrawn before an eligible order is placed;

• Discounts cannot be exchanged for cash;

• Fraudulent or unauthorized use of promotional offers is prohibited.

Promotional conditions do not remove mandatory statutory consumer rights.

16. Customer Accounts

Where customer accounts are available, you are responsible for maintaining the confidentiality of your login credentials and for activities carried out through your account to the extent legally attributable to you.

You should contact us promptly if you believe your account has been accessed without authorization.

We may suspend or restrict an account where reasonably necessary to protect customers, prevent fraud, maintain website security, or comply with legal requirements.

17. Acceptable Use

You must not use our website to:

• Commit or facilitate unlawful activity;

• Submit false or misleading information;

• Infringe intellectual property rights;

• Introduce viruses, malware, malicious code, or harmful technologies;

• Attempt unauthorized access to our systems or accounts;

• Scrape or harvest data unlawfully;

• Interfere with website security or functionality;

• Conduct fraudulent transactions;

• Impersonate another person;

• Violate applicable laws or regulations.

We may restrict access where reasonably necessary to protect our website, customers, business, or legal interests.

18. Intellectual Property

Unless otherwise stated, the content made available through our website, including website design, text, graphics, original images, logos, icons, product presentation, and other materials owned by or licensed to us is protected by applicable intellectual property laws.

You may use website content for personal, non-commercial shopping purposes.

You may not reproduce, distribute, sell, commercially exploit, modify, republish, or create unauthorized derivative works from protected website content without the permission of the relevant rights holder, except where permitted by law.

Third-party trademarks and other intellectual property remain the property of their respective owners.

19. Third-Party Services

Our store is hosted using Shopify and may rely on third-party providers for functions including:

• Payment processing;

• Shipping and fulfillment;

• Analytics;

• Customer communications;

• Fraud prevention;

• Website functionality.

Third-party services may be governed by their own terms and privacy policies.

Nothing in these Terms limits any responsibility that cannot legally be excluded.

20. Third-Party Links

Our website may contain links to third-party websites or services.

Links are provided for convenience or functionality and do not necessarily constitute endorsement.

We are not responsible for independent third-party content or services except to the extent responsibility is imposed on us by applicable law.

Customers should review the applicable terms and privacy policies before using third-party services.

21. Privacy and Personal Data

Personal data is processed as described in our Privacy Policy and in accordance with applicable data protection law.

For privacy-related questions or requests, contact:

info@info@stevemaddena.shop

22. Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

In particular, nothing in these Terms is intended to exclude or unlawfully restrict liability for:

• Intentional misconduct;

• Gross negligence;

• Death or personal injury caused by a legally attributable breach;

• Liability under mandatory product liability legislation;

• Fraudulent concealment of a defect;

• Guarantees expressly assumed by us;

• Other liability that cannot legally be excluded or limited.

For breaches caused by ordinary negligence involving an essential contractual obligation, liability may be limited, where legally permissible, to losses that were reasonably foreseeable and typical for the relevant contract.

An essential contractual obligation is an obligation whose performance is necessary for proper performance of the contract and on whose performance the customer may ordinarily rely.

Mandatory consumer rights remain unaffected.

23. Force Majeure and Events Beyond Reasonable Control

Where permitted by applicable law, we will not be responsible for delays or failures caused by circumstances outside our reasonable control, such as serious transportation disruptions, natural disasters, governmental restrictions, telecommunications failures, or other exceptional events.

This provision does not remove any mandatory consumer remedies or rights relating to delivery deadlines, cancellation, reimbursement, or other statutory protections.

24. Electronic Communications

When you place an order or communicate with us electronically, we may send you transactional communications relating to:

• Order acknowledgment;

• Payment;

• Shipment;

• Delivery;

• Returns;

• Refunds;

• Customer service;

• Security;

• Legal or policy information.

Marketing communications will be handled separately and in accordance with applicable consent and privacy requirements.

25. Changes to These Terms

We may update these Terms to reflect changes to our services, business practices, technologies, or applicable legal requirements.

Changes will apply prospectively unless applicable law provides otherwise.

The Terms applicable to an order already concluded will not be retroactively changed to the customer's detriment unless legally permitted and validly agreed.

The current version will be displayed on our website with its effective or updated date.

26. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

For consumers, any invalid provision will be replaced by the applicable statutory rule rather than by a provision that improperly reduces mandatory consumer rights.

27. Governing Law

These Terms and purchase contracts concluded through our store are governed by applicable law, subject to mandatory consumer protection provisions.

Where a consumer habitually resides in Germany or another European Union Member State, any choice of law contained in these Terms does not deprive that consumer of mandatory protections provided by the law that would otherwise apply.

28. Jurisdiction

Any dispute concerning these Terms or a purchase will be subject to the jurisdiction rules provided by applicable law.

Nothing in these Terms requires a consumer to bring proceedings exclusively in a court or location where such a requirement would conflict with mandatory consumer jurisdiction rules.

29. No Waiver of Statutory Consumer Rights

These Terms supplement and do not replace mandatory statutory rights.

If you are a consumer, nothing in these Terms is intended to waive, exclude, or limit any right that cannot legally be waived, excluded, or limited under German or European Union consumer protection law.

30. Contact Information

Questions regarding these Terms of Service, orders, products, payments, returns, or other customer service matters can be sent to:

info@stevemaddena.shop
Email: info@info@stevemaddena.shop

We will make reasonable efforts to respond to customer inquiries as promptly as possible.

31. Entire Agreement

These Terms, together with the policies expressly incorporated into them, constitute the applicable contractual terms governing use of our store and purchases made through it, subject at all times to mandatory statutory rights.

Where mandatory German or European Union consumer law provides customers with greater protection than these Terms, the mandatory statutory protection will prevail.