Terms of service

Introduction

Welcome to Michaela Kindle! The terms “we,” “us,” and “our” refer to Michaela Kindle. Michaela Kindle operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Michaela Kindle is powered by Shopify, enabling us to offer these Services to you.

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

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

By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must 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 have given us consent to allow your minor dependents to use the Services on devices you own, have purchased, or manage.
To use the Services—including accessing or navigating our online shops or purchasing products or services we offer—you may be required 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 alone are responsible for the security of your account credentials and all activities under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We strive to accurately describe our products and services in our online shops. However, please note that colors or the appearance of products may differ from those shown on your screen due to your device and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. Michaela Kindle reserves the right to accept or reject your order at our sole discretion for any reason. Your order is only considered accepted once Michaela Kindle confirms it. Acceptance is contingent on receipt and processing of your payment. Please review your order carefully before submitting, as Michaela Kindle may not be able to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel your order, we will try to inform you via the email address, billing address, and/or phone number provided with your order.
Returns or exchanges of your purchases are only possible in accordance with our right of withdrawal.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time of order and will be shown in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import duties.
Prices in our online shops may differ from prices in physical stores or other online shops operated by third parties. From time to time, we may offer promotions affecting pricing, subject to different terms than these Terms. In case of conflict, the promotion terms take precedence.
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 expiration dates—so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) all credit card information you provide is truthful, accurate, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay all charges at the prices stated, including shipping, handling fees, and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once products have been handed over to the carrier, ownership and risk of loss pass to you.
For shipments outside the European Union, customs duties, import taxes, or other fees may apply. These fees are not charged or covered by us and must be paid by the buyer. Please check with your local customs or tax authorities before ordering to understand any additional costs. We assume no liability for resulting delays or extra charges.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, images, graphics, product reviews, video and audio files, and their selection and arrangement, are owned by Michaela Kindle, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms grant you permission to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from the Services. Unless expressly stated, no provision of these Terms grants you any license or rights to patents, trademarks, copyrights, or other intellectual property of Michaela Kindle, Shopify, or third parties, nor should such rights be implied. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Michaela Kindle.
The names, logos, product and service names, designs, and slogans of Michaela Kindle are trademarks of Michaela Kindle or its affiliates or licensors. You may not use these trademarks without prior written permission. Shopify’s names, logos, product and service names, designs, and slogans 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 access customer tools provided by third parties as part of the Services, which we do not monitor, control, or 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 at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites from third parties that you may access at your own discretion. If you choose 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 damages or losses resulting from your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure you understand them before conducting any transactions. 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 TO MERCHANTS: This section accurately characterizes Shopify’s relationship to your shop and should not be removed or altered.]
Michaela Kindle is powered by Shopify to provide the Services. However, all sales and purchases made in our shop are made directly with Michaela Kindle. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Michaela Kindle, including any breaches, damages, or losses resulting from purchased products and services. You hereby release Shopify and its affiliates from all liability arising out of or related to your purchases and transactions with Michaela Kindle.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. Additionally, 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 about your access and use of the Services to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third parties who may be located in countries other than your country of residence to provide the Services. Our Privacy Policy contains more information 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 (collectively, “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. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, to meet our obligations, and to exercise our rights under these Terms and Conditions.
You further represent and warrant that: (i) you own all rights to your Feedback or have full authority to grant the rights described above; (ii) you have disclosed any compensation or incentives received in connection with providing your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) compensate you for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms and Conditions.
You represent that your Feedback does not infringe the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also represent that your Feedback contains no defamatory, unlawful, abusive, or obscene material and no computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of the Feedback. You are solely 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
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product 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 in the Services is inaccurate, at any time and without prior notice (including 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 any unlawful or malicious purpose;
(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 those of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any individual;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions;
(g) to transmit or procure the sending of any advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity; 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, could harm Michaela Kindle, Shopify, or the users of the Services, or expose them to liability.
You also 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;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion 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, any related website, other websites, or the Internet.
We reserve the right to suspend, deactivate, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms and Conditions.

Section 14 – Termination
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time, without notice. You remain liable for all amounts due up to and including the date of termination.
The following provisions will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that, by their nature, should survive termination.

Section 15 – Disclaimer of Warranties
The information provided in or through the Services is for general informational purposes only. We make no representations or warranties about the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or anyone informed of their contents.
EXCEPT AS EXPRESSLY STATED BY MICHAELA KINDLE, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 16 – Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICHAELA KINDLE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH 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 ANY 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 Michaela Kindle, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms and Conditions or the documents referenced herein; (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 release you from your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claims at your expense, including the choice of legal counsel, but will not settle any claim without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnifiable claims, including providing relevant documents.

Section 18 – Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of the remaining provisions.

Section 19 – Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Section 20 – Assignment
You may not assign, transfer, or delegate these Terms and Conditions or your rights or obligations hereunder without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

Section 21 – Governing Law
These Terms and Conditions and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Michaela Kindle is headquartered, without regard to its conflict of law provisions. You and Michaela Kindle consent to the exclusive jurisdiction and venue of the courts located in that jurisdiction.

Section 22 – Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Section 23 – Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 24 – Contact Information
Questions about the Terms and Conditions should be sent to hello@michaelakindle.com.
Our contact information is as follows:
Michaela Kindle
hello@michaelakindle.com
Tunibergstr. 36, 79288 Gottenheim
+49 175 4904249
VAT ID: DE278048910