OVERVIEW
Welcome to MOTHER EARTH MUNICH! The terms “we”, “us” and “our” refer to MOTHER EARTH MUNICH. MOTHER EARTH MUNICH operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a customized shopping experience (the “Services”). MOTHER EARTH MUNICH is based on Shopify, which enables us to provide you the Services.
The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”) describe your rights and obligations when you use the Services.
Please read these Terms and Conditions 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 be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or region of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchased or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery information. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you are fully authorized to provide such information.
You are solely responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online shops as accurately as possible. Please note, however, that colors or appearance of the Products may differ from those shown on your screen due to the device you use to access the Store 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 those depicted in our online stores.
All descriptions of products 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 product that we offer to any person, geographic region or jurisdiction on a case-by-case basis.
Section 3 – ORDERS
With your order you are making an offer to purchase. MOTHER EARTH MUNICH reserves the right to accept or reject your order for any reason at its sole discretion. Your order is only considered accepted after confirmation by MOTHER EARTH MUNICH. The prerequisite for accepting your order is receipt and processing of your payment. Please review your order carefully before placing it, as MOTHER EARTH MUNICH may not be able to accommodate cancellation requests once an order has been accepted. In the event that we fail to accept, make a change to, or cancel an order, we will attempt to notify you using the e-mail, billing address and/or telephone number provided at the time the order was made.
The return or exchange of your purchases will only be carried out in accordance with our right of withdrawal [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and special offers are subject to change without 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 set out in the order confirmation sent to you by email. Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, customs or import charges.
The prices stated in our online shops may differ from the prices in stationary shops or in online shops or other shops operated by third parties. We may, from time to time, offer promotions on the Services which may affect pricing and which may have different terms and conditions than these Terms. If there is any inconsistency between the terms of a Promotion and these Terms and Conditions, the terms of the Promotion will control.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. 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 as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorized to use that credit card to make the purchase, (iii) the charges you incur will be covered by your credit card company, and (iv) you will pay the charges you incur at the prices posted, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we have delivered the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trademarks, text, images, images, graphics, product reviews, video and audio files, as well as the design, selection and arrangement thereof, are the property of MOTHER EARTH MUNICH, its affiliates or licensors, and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms and Conditions grants you any license or other right under any patent, trademark, copyright or other intellectual property of MOTHER EARTH MUNICH, Shopify or any third party, nor can such a grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted here are reserved to MOTHER EARTH MUNICH.
The MOTHER EARTH MUNICH names, logos, product and service names, designs and slogans are trademarks of MOTHER EARTH MUNICH or its affiliates or licensors. You may not use these trademarks without the prior written consent of MOTHER EARTH MUNICH. The Shopify name, logo, 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 have access to customer tools provided by third parties as part of the Services, over which we neither monitor nor have any control nor input.
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 relating to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to familiarize yourself with and accept the terms and conditions under which the tools are provided by the relevant third party providers.
We may also, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features shall also be deemed to be part of the Services and shall be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access in your own discretion. If you decide to leave the Services to access such materials or third-party websites, you do so entirely 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 any products, services, resources or content on third-party websites. You should carefully review the third-party's policies and procedures and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified].
MOTHER EARTH MUNICH is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with MOTHER EARTH MUNICH. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and MOTHER EARTH MUNICH, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages and liabilities arising out of or related to your purchases and transactions with MOTHER EARTH MUNICH.
SECTION 10 – PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK]. Additionally, certain personal information may be subject to Shopify's privacy policy, which here can be viewed. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be shared with Shopify and third party service providers who may be located in countries other than the country in which you reside to provide the Services to you. Please see our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise submit any ideas, suggestions, feedback, reviews, suggestions, 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 and to carry out our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback Content; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your feedback complies with these Terms and Conditions. We are under no obligation to (1) keep your Feedback confidential, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but have no obligation, to monitor, edit or remove any feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You represent that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene statements, and will be free of any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, impersonate someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility and liability for any feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time 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 access or use the Services, directly or indirectly: (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 or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms and Conditions; (g) to transmit, or procure the transmission of, any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity, or (i) engage in any other conduct that restricts or inhibits use of the Services or that, in our sole discretion, may harm MOTHER EARTH MUNICH, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will in any way 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 any spam, phishing, pharm, pretext, spider, crawl or scrape activity; or (e) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms and Conditions.
SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may, in our sole discretion, terminate this Agreement or your access to the Services (or any part thereof) at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections 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 which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY MOTHER EARTH MUNICH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR 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, IN NO EVENT WILL MOTHER EARTH MUNICH, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, ANY CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, 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 PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM ARISING IN ANY WAY WITH YOUR USE OF THE SERVICES OR A 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 POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES (OR PRODUCTS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOTHER EARTH MUNICH, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorney's fees, made payable to any third party resulting from (1) your breach of these Terms and Conditions or the documents they incorporate, (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 compensable claim, provided that failure to give prompt notice will not relieve you of your obligations unless it places you at a material disadvantage. We may direct the defense and settlement of such claim at your expense, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims for damages, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be effective to the fullest extent permitted by law and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. The validity and enforceability of the remaining provisions remain unaffected by such a determination.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
The failure by us 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 and 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. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not subdivide, assign or transfer this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in the federal and state or territorial courts of the country in which MOTHER EARTH MUNICH is headquartered. You and MOTHER EARTH MUNICH agree to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and do not affect these Terms and Conditions.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS
You can view the current version of the General 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 to these Terms in accordance with applicable law. Such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact 4motherearth@googlemail.com.
Our contact information is listed below:
[INSERT TRADE NAME]
4motherearth@googlemail.com
[INSERT BUSINESS ADDRESS]
[INSERT COMPANY PHONE NUMBER]
[INSERT TRADE REGISTRATION NUMBER]
[INSERT VAT NUMBER]