Terms of service

OVERVIEW

This website is operated by Studio Z. Throughout the site, the terms “we,” “us,” and “our” refer to Studio Z. Studio Z offers you, the user, this website including all information, tools, and services available from this site under the condition that you accept all of the terms, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or content providers. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

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

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ONLINE SHOP TERMS

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, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. CHANGES TO SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy:

[LINK TO REFUND POLICY]

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

For more details, please see our Refund Policy:

[LINK TO REFUND POLICY]

7. OPTIONAL TOOLS

We may provide you with access to third-party tools 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 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 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. THIRD-PARTY LINKS

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

9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content 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 agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments 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 Service 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10. PERSONAL DATA
Your transmission of personal data via the shop is subject to our Privacy Policy, which you can view here:
[LINK TO PRIVACY POLICY]

11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the service may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the service or on any related website is inaccurate, at any time and without prior notice (even after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the service or on related websites, including but not limited to pricing information, except as required by law. Any updated or refreshed date displayed in the service or on a related website should not be understood to mean that all information in the service or on the related website has been modified or updated.

12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to 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 service or any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representations, 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.
In no case shall Studio Z, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.

  1. Unless otherwise stated herein, our liability is limited regardless of the type of breach and includes gross negligence and willful misconduct.

  2. Theresa-Annabell Zwiebeling, Studio Z, excludes liability for slight negligent breaches unless damage results from injury to life, body, health, guarantees or claims under the Product Liability Act are involved. This does not affect liability for essential contractual obligations whose fulfillment enables the proper execution of the contract and on whose compliance the customer may regularly rely. For sales contracts, this particularly includes the seller’s obligation to deliver the goods and transfer ownership. The above limitation of liability applies equally to persons employed by the seller to fulfill contractual duties.

  3. All limitations and exclusions of liability do not apply to claims arising from fraudulent behavior, guaranteed characteristics, claims under the Product Liability Act, or claims for damages arising from injury to life, body, or health.

  4. Where liability is excluded or limited, this also applies to our employees, workers, representatives, and vicarious agents.

14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Studio Z and our parent companies, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims, demands, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to your violation of these Terms of Service or documents referenced herein, or your violation of any law or the rights of a third party.

15. SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

16. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
We may also terminate these Terms of Service immediately without notice if you breach any term or condition of these Terms of Service or if we suspect such a breach. In such event, you remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

17. 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 or operating rules published by us on this site 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 these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by the laws of Germany.

19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kontakt@momentsuncovered.com.
My contact details are:
Theresa-Annabell Zwiebeling
Schinkelstraße 15
22303 Hamburg
kontakt@momentsuncovered.com
+49 176 2144 5899

DE356038253

21. SCOPE

  1. The following Terms and Conditions (hereinafter "Terms") contain the exclusively applicable conditions between the customer and us (hereinafter "Seller"). The Terms apply to all contracts concluded in this online shop between the customer and the seller regarding the goods (hereinafter "Items") offered by the seller. The customer acknowledges these with the order.

  2. Customers within the meaning of these Terms are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership acting in exercise of their commercial or self-employed professional activity when concluding a legal transaction.

22. CONTRACT CONCLUSION

  1. The items displayed in the seller's online shop serve as an invitation for the customer to submit a binding offer and do not constitute binding offers by the seller. The customer can select products from our assortment and collect them in a so-called shopping cart.

  2. The customer submits a legally binding offer by using the shopping cart system. By clicking the order button "Order with obligation to pay," the customer places a binding order for the goods contained in the shopping cart.

  3. Upon receipt of the customer's offer, the seller sends a confirmation message by email to the email address provided by the customer, restating the essential features of the order along with these terms and other mandatory information.

  4. The seller may accept the customer's offer within three business days. The period begins with the customer's submission of the offer and ends at the close of the third business day. If acceptance does not occur within this period, the offer expires. The seller accepts the offer by either a) sending the customer an order confirmation via email, or b) requesting payment from the customer after order placement, or c) if payment by direct debit is offered, by collecting the total price from the customer's bank account, where the relevant time is when the customer's account is debited.

  5. If there are multiple alternatives, the earliest event is decisive for the conclusion of the contract.

23. PRICES AND SHIPPING CONDITIONS

  1. The prices applicable at the time of the order as displayed on the website apply. Payment of the purchase price is to be made in advance by bank transfer or other payment methods offered during the ordering process. Shipping will occur after receipt of your payment on our account.

  2. Price information in our online shop within the EU is shown as gross prices, including statutory VAT. For orders outside the EU, net prices are displayed. Deliveries to addresses outside the EU may be subject to import duties and taxes payable at the delivery address upon receipt.

  3. Shipping costs are indicated in our price information in the online shop. The price including VAT and any applicable shipping costs is also shown in the order form before submitting the order.

  4. Payment can be made via instant bank transfer, credit card, PayPal, Amazon Payments, Apple Pay, or Google Pay.

  5. The invoice will be sent to the email address provided during order placement.

24. DELIVERY

  1. Delivery will be made to the delivery address provided by you during the order.

  2. Unless otherwise agreed or stated in the product description, delivery to addresses within the Federal Republic of Germany generally takes 2-4 business days from contract conclusion. Delivery times outside Germany but within Europe depend on the chosen shipping method and can be found in our online shop.

  3. [Note: Number 3 missing in original text, so skipped here.]

  4. If we are unable to deliver your ordered goods through no fault of our own because our supplier does not fulfill contractual obligations (even short-term), we are entitled to withdraw from the contract. In such a case, you will be informed immediately, and any payments already made will be refunded without delay.

  5. Your other statutory rights remain unaffected.

25. FINAL PROVISIONS

  1. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has their habitual residence remain unaffected.

  2. Where permissible, the exclusive, also international, place of jurisdiction for claims against us is 48529 Nordhorn, Germany. This also applies to customers who are entrepreneurs. We reserve the right to bring action against the customer at other legally permissible venues.

  3. Assignment of claims against us is only permitted with our prior written consent.

  4. You may only offset claims against ours if your counterclaims have been legally established, are undisputed, or acknowledged by us. You are also entitled to offset if you assert warranty claims or counterclaims from the same purchase contract.

  5. Declarations and notifications of legal relevance that you must make to us after contract conclusion (e.g., setting deadlines, complaints, declarations of withdrawal or reduction) must be in writing to be effective.

  6. Should individual provisions of the contract with the customer, including these Terms and Conditions, be wholly or partially invalid or if there is a gap, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

  7. Amendments and additions to these Terms and/or the contractual relationship require written form. This also applies to any waiver of the written form requirement.