TERMS OF SERVICE
OVERVIEW
This website is operated by JOELINA FALK. Throughout the site, the terms “I” and "the website" refer to JOELINA FALK. The terms "they" and "you" refer to the customer. JOELINA FALK offers this website, including all information, all tools, and Services available from this site to you, the user, and/or customer, conditioned upon your acceptance of all terms, policies, conditions, and notices stated here.
By visiting my site and/ or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (also referred to as "Terms of Service” and “Terms”), including those additional Terms and Policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users and/or customers of the website. (Including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.)
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the provided Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the store and/or website 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. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
My store is hosted on Wix.com. They provide me with an online e-commerce platform that allows me to sell my products and Services to you.
ONLINE STORE 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 me your consent to allow any of your minor dependents to use this website.
You may not use my 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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
I, Joelina Falk, 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;
- Transmissions over various networks;
- 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 duplicate, copy, sell, resell, reproduce, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website, without written permission from me.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
I am not responsible if the information made available on this website is not accurate, current, or complete. The material on this website is 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 website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this website at any time, but I have no obligation to update any information on my website. You agree that it is your responsibility to monitor changes to my site.
MODIFICATIONS TO THE PRODUCTS AND PRICES
Prices for my products are subject to change without notice.
I reserve the right to modify or discontinue the product without notice.
I shall not be liable to you or to any third party for any modification, suspension, price change, or discontinuance of the products.
PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to my Refund Policy.
I have made every effort to display as accurately as possible the colors and images of my products that appear at the store. I cannot guarantee that your device monitor's display of any color will be accurate.
I reserve the right but are not obligated to limit the sales of my products to any person, geographic region, or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products that I offer. All descriptions of products or product pricing are subject to change at any time without notice. I reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
I do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
OOPSIE PRODUCTS
By purchasing a product advertised as "Oopsie"-Product, you acknowledge that the final product you will receive will have imperfections including, but not limited to;
- scratches,
- dents,
- misspellings,
- color inaccuracies,
- and/or incorrect cut.
These imperfections do not interfere with the overall quality of the product.
By purchasing a product advertised as "Oopsie"-Product, the customer willingly purchases an imperfect product for less money and may not complain about those imperfections when the product is not in perfect condition when it reaches you.
In case the customer purchases an "Oopsie"-Product and it is no longer available, I shall replace it with the original, non-oopsie product for no extra charge.
Oopsie-Stickers have different stocks, which may result in you receiving non-oopsie products in exchange for those with lower quantities. You will receive the advertised number of Stickers, no matter if I can provide the accurate number in all Oopsie-Products.
ACCURACY OF BILLING INFORMATION
I, Joelina Falk, reserve the right to refuse any order you place with me. I may, in my 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 and/or shipping address. In the event that I make a change to, or cancel an order, I may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, accurate, and complete purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that I can complete your transactions and contact you as needed.
OPTIONAL TOOLS
I may provide you with access to third-party tools over which I neither monitor nor have any control or input.
You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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).
I 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.
THIRD-PARTY LINKS
Certain content, products, and services available via my website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I 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.
I am 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 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 should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by my Privacy Policy.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on my website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, promotions, offers, product shipping charges, pricing, transit times, and availability. I reserve the right to correct any omissions, errors, or inaccuracies, and change or update information, or cancel orders if any information in the service, or on any related website, is inaccurate at any time without prior notice (including after you have submitted your order).
I undertake no obligation to update, amend, or clarify information in the service or on any related website including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information for the products or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions, as set forth in the Terms of Service, you are prohibited from using the website or its content:
- For any unlawful purpose;
- To solicit others to perform, or participate, in any unlawful acts;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, intimidate, insult, abuse, harm, slander, disparage, defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- 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 of any related website, other websites, or the Internet;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- To submit false or misleading information;
- To interfere with, or circumvent the security features of the Service, or any related website, other websites, or the Internet.
- For any obscene or immoral purpose.
I reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
I do not guarantee, represent or warrant that your use of my Service will be uninterrupted, timely, secure, or error-free.
You agree that I may remove the Service for indefinite periods of time, or cancel the Service, without notice to you.
You 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 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.
In no case shall my store or Service providers 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 Service or any products procured using the Service, or for any other claim related 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 the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold JOELINA FALK STORE and my Service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless/until terminated by either you or me. You may terminate these Terms at any time by notifying me that you no longer wish to use my Services, or when you cease using my website.
If in my sole judgment, you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Services (or any part thereof).
ENTIRE AGREEMENT
The failure of me 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 and any policies or operating rules posted by me on this website or with respect to the Service constitute the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and me (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.
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 Germany.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website for changes. Your continued use of or access to my website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
COOKIES
The website uses a number of different cookies to make your experience better by allowing the webtside to remember your actions and preferences. This means you won't have to re-enter your information every time you return to my webtsite or browse from one page to another.
In addition, cookies provide information on how the website is used.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at jcf@joelinafalk.com