Terms of service
OVERVIEW
Welcome to Wolkewitz! The terms “we”, “us” and “our” refer to Wolkewitz. Wolkewitz operates this shop and this website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with an individual shopping experience (the “Services”). Wolkewitz is powered by Shopify, which enables us to provide the Services to you.
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 these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SCOPE
(1) By using the Wolkewitz website (www.wolkewitz.at) and by ordering products in the Wolkewitz webshop www.wolkewitz.at, the contractual partner agrees to the General Terms and Conditions set out below. The offer is directed exclusively at customers whose registered office, place of residence or habitual residence is within the 28 member states of the European Union. Hendrik Wolkewitz provides the services exclusively on the basis of these General Terms and Conditions.
These General Terms and Conditions form part of every contract between the contractual partner and Hendrik Wolkewitz, with registered office at Döblinger Hauptstraße 32/10, 1160 Vienna, Austria, email: hendrik@wolkewitz.at, www.wolkewitz.at.
The currently valid General Terms and Conditions can be viewed and printed at any time on the website www.wolkewitz.at.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside, and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased or that you manage.
In order to use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our shops is accurate, current and complete, and that you are fully authorized to provide such information.
You are solely responsible for keeping your account login details secure and for all activities that occur under 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. However, please note that colors or the appearance of products may differ from the colors displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and 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, in any geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Wolkewitz reserves the right to accept or reject your order at its sole discretion and for any reason. Your order is only considered accepted once it has been confirmed by Wolkewitz. Acceptance of your order is subject to receipt and processing of your payment. Please check your order carefully before submitting it, as Wolkewitz may not be able to honour cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will try to notify you using the email address, billing address and/or phone number provided at the time the order was placed.
Returns or exchanges of your purchases are handled exclusively in accordance with our Right of Withdrawal [LINK].
You represent and warrant that your purchases are for your personal use or use in your household and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and special offers are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, handling, customs duties or import charges.
The prices shown in our online shops may differ from prices in physical retail stores or in online shops or other stores operated by third parties. From time to time we may offer promotions on products that may affect pricing and may be subject to terms and conditions that differ from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.
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 expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) any credit card information you provide is truthful, accurate and complete, (ii) you are authorized to use such credit card for purchases, (iii) charges you incur will be honored by your credit card company, and (iv) you will pay all charges incurred by you at the stated prices, including shipping and handling fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we have handed the products over 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, service marks, text, layouts, images, graphics, product reviews, video and audio files and the design, selection and arrangement thereof, are the property of Hendrik Wolkewitz, its affiliates or licensors and are protected by Austrian 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. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material in the Services. Except as expressly provided herein, nothing in these Terms shall be construed as granting you any license or other rights in any patents, trademarks, copyrights or other intellectual property of Wolkewitz, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Wolkewitz.
The names, logos, product and service names, designs and slogans of Wolkewitz are trademarks of Hendrik Wolkewitz or its affiliates or licensors. You may not use these marks without Wolkewitz’ prior written consent. The name, logo, product and service names, designs and slogans of Shopify 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 given access to customer tools provided by third parties as part of the Services, which we neither monitor nor control nor 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 relating to your use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and agreeing to the terms and conditions under which such 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 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 that are provided or operated by third parties (including any embedded features of third parties). We are not responsible for examining or evaluating the content or accuracy of materials or websites of third parties that you access at your own discretion. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not liable for any damage or loss arising from your access to third-party websites or from your purchase or use of products, services, resources or content on third-party websites. You should carefully review the policies and practices of any third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP TO SHOPIFY
Wolkewitz is hosted by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are concluded directly with Wolkewitz. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Wolkewitz, including any injuries, damages or losses caused by products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and obligations arising out of or related to your purchases and transactions with Wolkewitz.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be accessed here [LINK]. Certain personal data may also be subject to Shopify’s privacy policy, which can be accessed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services. Data that you submit to the Services will be shared with Shopify and third-party providers, which may be located in countries other than the country of your residence, in order to provide the Services to you. Further information on how we, Shopify and our partners use your personal data can be found in our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise provide 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 and to fulfill our obligations and exercise our rights under these Terms and Conditions.
You further represent and warrant that: (i) you own all rights in the Feedback or otherwise have full authority to grant the above rights; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your Feedback as 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, deem unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms and Conditions.
You represent that your Feedback does not infringe any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene material and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. 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 solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions that may 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, to change or update information or to cancel orders if any information 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 unlawful or malicious purposes;
(b) to violate international, federal, provincial, state or local regulations, rules, laws or 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 discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms;
(g) to transmit or procure the sending of any advertising or promotional material, 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 other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Wolkewitz, Shopify or users of the Services or expose them to liability.
Furthermore, you 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 data of others;
(d) engage in spamming, phishing, pharming, pretexting, crawling, scraping or similar activities; or
(e) 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, disable 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 terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion and without notice. You remain liable for all amounts due up to and including the date of termination.
The following sections shall 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 warranties as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on
these materials by you or any other visitors to the Services or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY WOLKEWITZ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT 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, WOLKEWITZ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AS WELL AS THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS 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 ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR OF ANY PRODUCTS PURCHASED 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 PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wolkewitz, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable attorneys’ fees, that must be paid to third parties and that arise out of or relate to (1) your breach of these Terms and Conditions or of the documents they incorporate by reference, (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 claim subject to indemnification, provided that failure to provide prompt notice will not relieve you of your obligations, except to the extent you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim without your consent (which may not be unreasonably withheld) if the settlement imposes non-monetary obligations on you. You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER; 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 and any policies or operating rules posted by us on this website or in respect of 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, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguity 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 this agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent, and any attempted assignment, transfer or delegation without such consent shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations hereunder without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws and the federal and state (or territorial) courts of the country in which Wolkewitz has its principal place of business (Vienna, Austria). You and Wolkewitz agree to submit to the jurisdiction and venue of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not affect the interpretation of these Terms and Conditions.
SECTION 23 – CHANGES TO THE 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 on our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at info@wolkewitz.at.
Our contact details are:
Hendrik Wolkewitz
hendrik@wolkewitz.at
Döblinger Hauptstraße 32/10
1190 Vienna
Austria