Terms of service
This is an English translation provided for your convenience. Only the German version is legally binding.
OVERVIEW
Welcome to Fimonacci Artifacts! The terms “we”, “us” and “our” refer to Fimonacci Artifacts, owner Lukas Gawlik (see Section 24 for contact details). Fimonacci Artifacts operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Fimonacci Artifacts is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referred to herein (these “Terms of Service” or “Terms”), apply to all orders placed in this store and describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your rights and obligations.
By visiting, interacting with or using our Services, you agree to these Terms of Service. You can find out how we handle your personal data in our Privacy Policy. If you do not agree to these Terms of Service, you may not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the country in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent that all the information you provide in our store is correct, current and complete.
You are responsible for keeping the login details of your customer account confidential and protecting them from access by third parties. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products in our online store as accurately as possible. However, colours and appearance may differ slightly from how they appear on your screen, depending on the device you use to access the store and its settings.
Our jewellery is handmade from natural materials such as feathers, wood, pine cones and stones. Minor variations in colour, grain, shape and texture that are typical of the material are therefore possible and make every piece one of a kind.
We reserve the right to discontinue any product at any time and to limit the quantities supplied on a case-by-case basis. We may change product descriptions at any time for future orders; the product description at the time of your order applies to your order.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Fimonacci Artifacts reserves the right to accept or decline your order at its discretion. Your order is not accepted until Fimonacci Artifacts confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. If we do not accept an order, we will notify you using the email address, billing address and/or phone number provided with the order and will refund any payments already made without undue delay.
As a consumer, you have a statutory right of withdrawal. You can find details on withdrawal and returns under Withdrawal & returns. Your statutory warranty rights remain unaffected.
You represent that your purchases are for your own personal or household use and not for commercial resale.
The contract languages are German and English. In the event of any discrepancy between the German version and a translated version of these Terms of Service, the German version shall prevail.
SECTION 4 – PRICES AND PAYMENT
Prices, discounts and promotions may change at any time for future orders. The price in effect at the time of your order applies; it is set out in the order confirmation you receive by email. All prices shown are final prices. Shipping costs may be added; they are shown before you complete your order (see our shipping policy). For deliveries to countries outside the European Union, customs duties, import charges or taxes may also apply, which are payable by the buyer.
Prices in our online store may differ from prices in other sales channels (e.g. at markets or in stores operated by third parties). We may offer promotions from time to time that are subject to separate terms. If there is a conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store and to update it where necessary, so that we can process your order and contact you as needed.
You represent that you are authorised to use the payment method you have chosen.
SECTION 5 – SHIPPING AND DELIVERY
We deliver to the shipping address provided during checkout. The delivery times stated are estimated delivery times (see our shipping policy). We cannot influence delays caused by shipping carriers, customs clearance or events beyond our control.
If you are a consumer, the risk of accidental loss of or damage to the goods only passes to you when the goods are handed over to you; this also applies when goods are shipped. If you are a business customer, the risk passes to you when the goods are handed over to the shipping carrier.
The goods remain our property until paid for in full.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Fimonacci Artifacts or its licensors and are protected by copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform or republish any of the material on the Services, unless permitted by law. Except as expressly provided herein, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Fimonacci Artifacts, Shopify or any third party. All rights not expressly granted herein are reserved by Fimonacci Artifacts.
The names, logos, product and service names, designs and slogans of Fimonacci Artifacts are distinctive signs of Fimonacci Artifacts. You must not use them without our prior written permission. Shopify’s 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 be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or influence over.
We provide such tools without accepting any warranty of our own for their functionality or content. Any use of the optional tools offered through the site is at your own discretion. It is your responsibility to familiarise yourself with the terms on which the tools are provided by the relevant third-party providers. Our liability is governed by Section 16.
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 considered part of the Services and are subject to these Terms of Service.
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 functionality). The providers or operators of these materials and websites are solely responsible for their content; we do not adopt this content as our own.
The relevant third parties are responsible for any products, services, resources or content you purchase or use on third-party websites. Please review their policies and terms carefully before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party concerned.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Fimonacci Artifacts is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Fimonacci Artifacts. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fimonacci Artifacts, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Fimonacci Artifacts.
SECTION 10 – PRIVACY
We process all personal information collected through the Services in accordance with our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here.
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 for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than the one in which you reside, in order to provide the Services to you. Please see our Privacy Policy 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 transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free, non-exclusive licence to use, reproduce, publish, distribute and display such Feedback in any medium, including for commercial use. We may, for example, use this licence to operate, provide, improve and promote the Services.
You also represent that (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback, and (iii) your Feedback complies with these Terms of Service. We are under no obligation (1) to keep any Feedback confidential, (2) to pay compensation for any Feedback, or (3) to respond to any Feedback.
We reserve the right, but have no obligation, to monitor, edit or remove Feedback that is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You represent that your Feedback does not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights, does not contain libellous or otherwise unlawful, abusive or obscene material, and is free of computer viruses or other malware. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are responsible for your Feedback and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct such errors and to change or update information at any time without prior notice. We may decline orders based on such errors as long as we have not yet accepted them. Your statutory rights remain unaffected.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any national or international laws, regulations or rules; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, insult, defame, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to transmit any material that does not comply with these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate any other natural or legal person; or (i) for any other conduct that restricts or inhibits the use of the Services or that may harm Fimonacci Artifacts, Shopify or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that affects the functionality or operation of the Services; (b) reproduce, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. If you violate these Terms of Service, we may suspend or close your customer account.
SECTION 14 – TERMINATION
We may terminate your access to the Services (or any part thereof) at any time. Purchase contracts that have already been concluded remain unaffected; amounts due up to that point remain payable.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Warranty, Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive termination.
SECTION 15 – WARRANTY
The statutory warranty rights apply to defects in our products.
Minor variations that are typical of natural materials (see Section 2) do not constitute a defect.
All other information on or through the Services is provided for general information purposes. We make every effort to keep it correct, complete and up to date, but – subject to our liability under Section 16 – we give no guarantee in this respect.
SECTION 16 – LIABILITY
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act and to the extent of any guarantee we have given.
In the event of a slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment you may regularly rely (cardinal obligation), our liability is limited to the damage that was foreseeable and typical for the contract at the time it was concluded. Liability for slightly negligent breaches of duty is otherwise excluded.
The above limitations of liability also apply in favour of our employees, representatives and vicarious agents.
SECTION 17 – INDEMNIFICATION
You shall indemnify Fimonacci Artifacts, Shopify and our partners, employees, representatives and service providers against third-party claims, including the reasonable costs of legal defence, arising from (1) your breach of these Terms of Service or the documents they refer to, (2) your violation of any law or the rights of a third party, or (3) any misuse of the Services, insofar as you are responsible for the breach in question.
We will inform you of any such claims without undue delay. You will support us in defending these claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
Should individual provisions of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure 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 policies published by us on this website govern the use of the Services. Individual agreements made with you always take precedence.
SECTION 20 – ASSIGNMENT
You may not transfer this agreement or your rights and obligations under these Terms of Service to third parties without our prior consent.
SECTION 21 – GOVERNING LAW
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence.
SECTION 22 – HEADINGS
The headings used in these Terms of Service are included for convenience only and do not affect their content.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may change these Terms of Service with effect for the future. Your order is governed by the version of the Terms of Service in force at the time the order was placed.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to lukas.gawlik@yahoo.de.
Our contact information:
Fimonacci Artifacts, proprietor Lukas Gawlik
Kandelstr. 9
79183 Waldkirch
Germany
Phone: +49 157 753 80657
VAT ID: DE364672265