TERMS AND CONDITIONS OF SERVICE

OVERVIEW 

This website is operated by ANITA KEMBLER. Throughout the site, the terms ‘we’ and ‘our’ refer to ANITA KEMBLER. ANITA KEMBLER offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and warnings stated here.

By visiting our website and/or purchasing goods from us, you engage in our service and agree to be bound by the following terms and conditions of use (‘Terms of Use’, ‘Terms’), including those additional terms, conditions, policies and warnings stated herein or available by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to visitors, suppliers, customers, merchants and/or authors of comments and other content.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use its services. If these terms of use are considered an offer, acceptance is expressly limited to the terms themselves.

Any new features and tools that are added to the current shop will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted by Shopify Inc. which provides us with the online e-commerce platform to sell our products and services.

 

SECTION 1 - TERMS OF USE FOR THE ONLINE SHOP
By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and you authorise us to allow minors under your jurisdiction to use this site.

You may not use our products for any unlawful or unauthorised purpose, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws) in the use of the Service.

You must not distribute worms, viruses or other malicious code.

Violation of any provision of these Terms will result in immediate termination of your use of the Service.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, access to the Service, or any contact on the Site through which the Service is provided, without our express written permission.

The headings used in this Agreement are for convenience only and will not affect or limit these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not liable for any failure of the information available on this website to be accurate, complete or current. The materials on this website are for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting additional, more accurate, complete or current sources of information. If you rely on the information on this website, you do so at your own risk.

This website may contain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively online through the Site. These products or services may be available in limited quantities and may be subject to return or exchange in accordance with our Return Policy.

exchange in accordance with our Return Policy.

Wir haben alles unternommen, um die Farben und Bilder unserer Produkte, die im Geschäft erscheinen, genau zu erfassen. Wir können nicht garantieren, dass die Anzeige von Farben auf Ihrem Computerbildschirm genau ist.

Wir behalten uns das Recht vor, den Verkauf von Produkten oder Dienstleistungen an jede Person, geografische Region oder Gerichtsbarkeit zu beschränken. Wir können dieses Recht von Fall zu Fall ausüben. Wir behalten uns das Recht vor, die Mengen von Produkten oder Dienstleistungen zu beschränken, die wir anbieten. Alle Beschreibungen von Produkten oder Produktpreisen können jederzeit und ohne vorherige Ankündigung geändert werden, nach eigenem Ermessen.

Wir behalten uns das Recht vor, jedes Produkt jederzeit einzustellen. Jedes Angebot für ein Produkt oder eine Dienstleistung, die auf dieser Website gemacht wird, ist ungültig, wenn das Produkt oder die Dienstleistung verboten ist.

Wir garantieren nicht, dass die Qualität von Produkten, Dienstleistungen, Informationen oder anderem Material, das Sie gekauft oder erworben haben, Ihren Erwartungen entspricht oder dass Fehler im Dienst behoben werden.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel orders, per person, per household or per order. These restrictions may include orders placed from or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event of a change or cancellation of your order, we will contact you by email and/or billing address/phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that we believe have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases in our shop. You agree to promptly update your account and other information, including your email address and credit card details, upon request so that we can complete your transactions.

For more information, please see our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or input.

You acknowledge and agree that we provide access to tools ‘as is’ and ‘as available’, without any representations, warranties or conditions of any kind and without any endorsement. We assume no liability for or in connection with your use of optional third-party tools.

Any use by you of optional tools through the features made available on the Website is at your own risk and discretion and you should ensure that you are familiar with and accept the terms on which any third party tools are provided.


We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

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

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions related to third parties. Please read the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

Section 9 - Comments, feedback and other submitted materials


If you send us certain materials online, by email, by postal mail, or otherwise (collectively, ‘Comments’) - for example, at our request, contest entries or without our solicitation, creative ideas, suggestions, plans, or other materials - you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate, or otherwise use the Comments you send to us. We are under no obligation (1) to maintain the confidentiality of any Comments; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may (without obligation) monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or may violate any party's intellectual property or these Terms of Service.

You agree not to submit comments that violate the rights of any third party, including copyrights, trademark rights, privacy rights, personality rights and other material or personal rights. You also agree not to submit any defamatory or otherwise illegal, offensive or obscene material, viruses or other malware that could compromise the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We take no responsibility and will not be held liable for any comments posted by you or any third party.

Section 10 - Personal Information

Submission of personal information via the shop is subject to our Privacy Policy. Click here to view our privacy policy.

Section 11 - Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times or product availability. We reserve the right to correct any errors, inaccuracies or omissions by amending and updating the information or cancelling orders if any information in the Service or on any related website is inaccurate at any time (including after you have submitted your order) without prior notice.

We are under no obligation to update, correct or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. Any update date indicated on the Service or on any related website should not be construed as a guarantee that all information on the Service or on any related website has been corrected and updated.


Section 12 - Prohibited Uses

In addition to any other prohibitions under the Terms of Use, you may not use the Site or its Content:

(a) for any unlawful purpose; (b) to induce or encourage others to engage in any unlawful activity; (c) to violate or subvert any international, federal, provincial or state law or regulation or violate any local ordinance; (d) to infringe or misappropriate the intellectual property rights of ourselves or others; (e) to harass, abuse, insult, harm, defame, libel, threaten or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, age, country of origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Service, any related website, other websites or the Internet; (h) to collect or monitor personal data of other users; (i) for spamming, phishing, pharming, subterfuge, spidering, crawling or scraping; (j) for any indecent or unethical purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Acts.

Section 13 - Disclaimer; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless ANITA KEMBLER and its parents, subsidiaries and affiliates, and its partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms of Use without affecting the validity and enforceability of any remaining provisions.

Section 16 - Termination

The obligations and limitations of liability of the parties entered into prior to the termination date shall survive termination of this Agreement in full force and effect.

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by discontinuing your use of our website.

In addition, we may, in our sole discretion, terminate this Agreement at any time without notice if you breach, or we suspect that you have breached, any provision of these Terms of Use, and you will remain liable for all amounts due up to the date of termination, in which case we may deny you access to the Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any other information or operating rules posted by us on this site or in connection with the Service constitutes the entire agreement and understanding between you and us with respect to your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed in favour of the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 30 N Gould St ste r 82801 Sheridan WY United States.



Section 19 - Changes to the Terms of Service

The most current version of the Terms of Service will always be posted on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

Section 20 - Contact

Please send any questions regarding the terms of use to info@anitakembler.com.