Terms and Conditions
OVERVIEW
Welcome to Emilia's Enamel! The terms “we,” “us,” and “our” refer to Emilia's Enamel. Emilia's Enamel operates this store and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Emilia's Enamel is powered by Shopify, which allows us to provide the Services to you.
The following terms and conditions, and any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as disclaimers of warranty and limitations of liability.
By visiting or using, or interacting with 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 should 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 province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or purchase products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide to our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that the colors or appearance of products may vary from their depiction on your screen, depending on the type of device you use to access the store, as well as your device’s 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 images or depictions in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Emilia's Enamel reserves the right to accept or decline your order for any reason, in its sole discretion. Your order is not accepted until Emilia's Enamel confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Emilia's Enamel may not be able to accommodate cancellation requests once the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
The return or exchange of your purchases is solely subject to the provisions of our Return Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions 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 your order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping and handling charges, customs duties, or import duties.
The prices displayed in our online stores may differ from prices in our physical stores or in online stores and other stores operated by third parties. We may offer promotions related to our Services from time to time, which may affect pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
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 supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement, are owned by Emilia's Enamel, its affiliates, or licensors, and are protected by United States and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing contained in these Terms will be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Emilia's Enamel, Shopify, or any third party, or can be interpreted as granting any license or other right. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Emilia's Enamel.
Emilia's Enamel’s name, logos, product and service names, designs, and slogans are trademarks of Emilia's Enamel or its affiliates or licensors. You must not use such marks without the prior written permission of Emilia's Enamel. 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 third-party customer tools through the Services. We do not monitor these tools and have no control or input over them.
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 will have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to external websites or your purchase or use of goods, services, resources, or content on external websites. Please review 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 regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
Emilia's Enamel is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make on our store are directly with Emilia's Enamel. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Emilia's Enamel, including any breach, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Emilia's Enamel.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these Privacy Policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services to you. Data you submit to the Services will be transferred and shared with Shopify, as well as third-party providers who may be located in a country other than your residence, to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise transmit 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 media for any purpose, including for commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and will be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms and Conditions.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no 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 Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 on the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You shall not, directly or indirectly, access or use the Services for the following purposes: (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 the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or others; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate Emilia's Enamel, a company employee, another user, or any other 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 Emilia's Enamel, 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 or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) abuse the Services with spam, phishing, pharming, or pretexting; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automated device or process, AI tool (e.g., agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate any security-related or authorization features, the robot exclusion header, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (the “Agent Terms”) applies where you use, allow, enable, or cause an agent to access, use, or interact with any Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf or at the direction of a natural or legal person and that may be executed on behalf of or using the device of a person without direct human supervision.
14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. Furthermore, no Agent is permitted to access, use or interact with Services if we have requested that it cease accessing, using or interacting with any Service.
14.3 We may, including through technical means, limit whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents: (i) must state that the request is from an Agent and disclose the name of the Agent in all HTTP/HTTPS requests by including the following in the User-Agent string of the request: "Agent/[Agent Name]"; (ii) must not obscure or disguise the fact that accesses, uses or interactions are from an Agent, for example by (a) mimicking human behaviors and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer from human use; (iii) must truthfully respond to any question or request designed to determine whether interactions are from a human or a computer; and (iv) must not circumvent or otherwise avoid any measures intended to prevent, restrict, modify or govern whether and how Agents access, use or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, and in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination of these Terms: 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 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING 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 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Emilia's Emaille, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party in connection with or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any applicable law or the rights of a third-party, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that any delay in notification 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 choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will assist in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – WAIVER; 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 policies or operating rules posted by us on this site or in respect to the Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, assign, or transfer these Terms or your rights and obligations under these Terms without our prior written consent, and any such attempt will be void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – 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 the federal and state or territorial courts located at Emilia's Emaille's address. You and Emilia's Emaille agree to the venue and personal jurisdiction of those courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 as required by applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at emiliasemaillie@gmail.com.
Our contact information is posted below:
Emilia's Emaille
emiliasemaillie@gmail.com
Mikhail Bolotnikov, Elchinger weg 14, 89075 Ulm
TRADE REGISTER NUMBER INSERT 08421000 8812704391 DE460385394
VAT ID NUMBER 88127/04391
Welcome to Emilia's Emaillie! The terms "we", "us" and "our" refer to Emilia's Emaillie. Emilia's Emaillie operates this shop and this website, including all related information, content, features, tools, products and services, to provide you, the customer, with an individualized shopping experience (the "Services"). Emilia's Emaillie 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 of Service" or "Terms") describe your rights and obligations when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
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 shipping 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 maintaining the security of your account credentials and for all activity that occurs 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 stores as accurately as possible. However, we note that colors or product appearance may differ from those displayed on your screen due to the device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the representations in our online stores.
All product descriptions 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 products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Emilia's Emaillie reserves the right to accept or reject your order at its sole discretion for any reason. Your order will not be considered accepted until confirmed by Emilia's Emaillie. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Emilia's Emaillie may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Returns or exchanges of your purchases are exclusively in accordance with our return policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions 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 your order confirmation email. Unless otherwise expressly stated, stated prices do not include taxes, shipping, handling, customs, or import fees.
Prices displayed in our online stores may differ from prices in brick-and-mortar stores or in online stores or other stores operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and are governed by terms and conditions other than these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.
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, 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 supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, 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 clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, depictions, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are owned by Emilia's Emaillie, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must 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 of Service grants you any license or other rights in any patent, trademark, copyright, or other intellectual property of Emilia's Emaillie, Shopify, or third parties, nor can any such grant be inferred from these provisions. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Emilia's Emaillie.
Emilia's Emaillie's name, logo, product and service names, designs, and slogans are trademarks of Emilia's Emaillie or its affiliates or licensors. You must not use such marks without the prior written permission of Emilia's Emaillie. 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 given access to customer tools offered by third-party providers 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely 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-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 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). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This section accurately characterizes Shopify's relationship to your shop and should not be removed or altered].
Emilia's Emaillie is powered by Shopify, which allows us to provide the Services to you. However, any sales and purchases you make in our shop are concluded directly with Emilia's Emaillie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Emilia's Emaillie, including any injuries, damages, or losses arising from products and services purchased. 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 Emilia's Emaillie.
SECTION 10 – PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Furthermore, certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Data you submit to the Services will be shared with Shopify, as well as third-party providers who may be located in countries other than your country of residence, in order to provide the Services to you. Please consult our Privacy Policy [LINK] for more information on 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 materials (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, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback content; (ii) you have disclosed all compensation or incentives received by you in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation (1) to maintain any Feedback in confidence; (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 we determine in our sole discretion is 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 represent that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain 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 email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no 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 Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the event of inaccurate information, 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 or on any related website is inaccurate 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, or attempt to 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 upon 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 transmit, or procure the sending of, 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 letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate Emilia's Emaillie, a Emilia's Emaillie employee, another user, or any other 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 Emilia's Emaillie, 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 or may be used in any way that will 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 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 without notice if we determine that you have violated any portion of these Terms of Service.
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 will remain liable for all amounts due up to the date of termination.
The following sections will survive any termination of these Terms: 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 made available solely for general information purposes. We do not warrant 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 such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY EMILIA'S EMAILLIE, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL EMILIA'S EMAILLIE, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING 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 Emilia's Emaillie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, paid to any third party arising out of (1) your breach of these Terms of Service or 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 indemnifiable claims; provided that a failure to provide prompt notice will not relieve you of your obligations except to the extent that such failure materially prejudices you. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim that requires you to pay monetary obligations without your consent (which will not be unreasonably withheld). You will cooperate in defending any such claims, including by providing relevant documentation.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER, 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 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or subcontract this agreement or your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – 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 federal and state or territorial courts of the country where Emilia's Emaillie is headquartered. You and Emilia's Emaillie consent to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at emiliasemaillie@gmail.com.
Our contact information is posted below:
Emilia's Emaillie
emiliasemaillie@gmail.com
Mikhail Bolotnikov, Elchinger weg 14, 89075 Ulm