Terms of service

OVERVIEW
Welcome to Pheromax! The terms "we", "us" and "our" refer to Julia Pfaffinger (sole proprietor), trading under the brand Pheromax. We
operate this shop and website, including all related information, content, features, tools, products and services, to provide you, the
customer, with a personalized shopping experience (the "Services"). Our shop is built on Shopify, which enables us to provide you with the
Services.
The following Terms and Conditions, together with the policies referenced herein (in particular our Right of Withdrawal notice and Privacy
Policy), describe your rights and obligations when using our Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights.
By placing an order with us, you agree to these Terms and Conditions and our Privacy Policy.
SECTION 1 — ACCESS AND ACCOUNT
By using our Services, you confirm that you have reached the age of 18, or that you are acting with the consent of a parent or legal
guardian.
To use the Services, including access to or navigation of our online shop or the purchase of products, you may be asked to provide certain
information, such as your email address as well as billing, payment and delivery details. You warrant that all information you provide in our
shop is accurate, current and complete.
If you create a customer account, you are solely responsible for the security of your login credentials and for all activity 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 in our online shop as accurately as possible. However, please note that colors or the
appearance of products may vary from what is shown on your screen depending on the device you use to access the shop, as well as its
settings and configuration.
All product descriptions may be changed at any time and without notice, at our discretion. We reserve the right to discontinue products at
any time and to limit delivery quantities on a case-by-case basis.
SECTION 3 — ORDERS
By placing an order, you submit a binding offer to conclude a purchase agreement. The purchase agreement is concluded when we accept
your order by way of a separate order confirmation sent by email, or, at the latest, upon delivery of the goods. We reserve the right to
decline your order for a valid reason (e.g., unavailability of goods, payment failure).
Please review your order carefully before submitting it. Should we be unable to accept, need to modify, or need to cancel your order, we
will inform you via the email address provided with your order.
You are entitled to the statutory right of withdrawal in accordance with our Right of Withdrawal notice, independent of the foregoing.
You represent that your purchases are intended for your personal or household use and not for commercial resale.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions may change without prior notice. The price charged for a product is the price in effect at the time of your
order and will be stated in the order confirmation.
All prices stated are final prices and include the applicable statutory value-added tax. Any additional shipping costs will be clearly and
separately disclosed before you complete your order.
Prices in our online shop may differ from prices in other sales channels. Different terms may apply to promotions; in the event of any
inconsistency between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate payment and account information for all purchases made in our shop.
SECTION 5 — SHIPPING AND DELIVERY
All stated delivery times are estimates. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our
control; our liability under Section 16 remains unaffected.
The risk of accidental loss or accidental deterioration of the goods sold passes to you only upon delivery of the goods to you or to a person
authorized by you to receive them. If, at your explicit request, we ship the goods by a method other than the one we proposed, the risk
passes to you upon handover of the goods to the carrier designated by you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, representations, images, graphics, product reviews, video and audio files, as
well as their design, selection and arrangement, are the property of Julia Pfaffinger/Pheromax, her partners, or licensors, and are protected
by German and European copyright, trademark 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 from, publicly display, download, store or transmit the
material contained in the Services. Except as expressly provided herein, no provision of these Terms and Conditions grants you any license
or other rights to trademarks, copyrights, or other intellectual property of Pheromax, Shopify, or third parties.
The names, logos, product names, designs and slogans of Pheromax are trademarks of Julia Pfaffinger/Pheromax or her licensors. You may
not use these trademarks without prior written authorization. Shopify's name, logo and trademarks belong to Shopify. All other names,
logos and trademarks referenced in the Services are the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be given access to third-party tools offered as part of the Services, which we neither monitor nor control nor influence.
Access to such tools is provided "as is" and "as available", without any representations on our part and without any endorsement. Liability
for damages arising from the use of optional third-party tools is subject to Section 16 below.
Use of optional tools offered through the website is at your own discretion and risk, within the framework of applicable statutory liability
principles. You are responsible for familiarizing yourself with the terms and conditions under which such tools are provided by the relevant
third-party providers.
We may in the future offer new features through the Services; such new features shall likewise be deemed part of the Services and subject
to these Terms and Conditions.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain hyperlinks to websites operated by third parties. We do not review the content or accuracy of materials or
websites of third parties. If you leave the Services to access such websites, you do so at your own risk.
Liability for damages arising from access to third-party websites, or from the purchase or use of products or content on third-party
websites, is subject to Section 16 below. Complaints or questions regarding third-party products and services should be directed to the
relevant provider.
SECTION 9 — RELATIONSHIP TO SHOPIFY
Our shop is technically operated by Shopify, which enables us to provide you with the Services. However, all purchases you make in our
shop are concluded directly with Julia Pfaffinger/Pheromax. Shopify is not a party to your order and is not responsible for any aspect of the
transaction between you and us, including the purchased products themselves. Any claims relating to your purchases and transactions are
to be directed solely against us, not against Shopify.
SECTION 10 — PRIVACY POLICY
All personal data we collect through the Services is processed in accordance with our Privacy Policy and in compliance with the General
Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). In addition, certain personal data is subject to
Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have taken note of these privacy
policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services
in order to provide and improve the Services. Data may be transferred to recipients in countries outside the EU/EEA; this occurs only in
compliance with the requirements of Articles 44 et seq. GDPR (e.g., standard contractual clauses). Further information can be found in our
Privacy Policy.
SECTION 11 — FEEDBACK
If you submit ideas, suggestions, feedback, reviews or proposals (collectively, "Feedback"), you grant us a simple, worldwide, royalty-free
right, unlimited in time, to use, reproduce, publish and distribute such Feedback, in particular to operate, promote and improve the
Services. Your statutory rights as author, where applicable, remain unaffected.
You warrant that you hold the necessary rights to your Feedback and that it does not infringe any third-party rights (copyright, trademark,
personality rights). We are not obligated to keep Feedback confidential, to compensate you for it, or to respond to it.
We reserve the right to monitor, edit or remove Feedback that is unlawful, offensive, threatening, or otherwise objectionable, or that
infringes the rights of third parties or violates these Terms and Conditions.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions,
pricing, promotions, shipping costs or availability. We reserve the right to correct such errors and to update information. Contracts already
concluded remain unaffected; the right to rescind for obvious error (Section 119 of the German Civil Code) remains unaffected.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. In particular, you are prohibited from using the Services:
(a) for any unlawful or fraudulent purpose;
(b) in violation of applicable German, European or international law;
(c) to infringe our intellectual property rights or the rights of third parties;
(d) to harass, abuse or harm other users or employees;
(e) to transmit false or misleading information;
(f) to send promotional or spam messages;
(g) to impersonate any person or entity.
Furthermore, you agree not to upload viruses or malicious code, not to unlawfully reproduce or exploit parts of the Services, not to collect
personal data of other users, and not to interfere with or circumvent any security features of the Services.
We reserve the right to suspend or terminate your account in the event of a breach of these provisions; the customer's legitimate interests
will be duly taken into account.
SECTION 14 — TERMINATION
We may suspend or terminate your access to the Services (e.g., your customer account) for good cause, in particular in the event of a
breach of these Terms and Conditions, subject to reasonable prior notice. Purchase agreements already concluded, and the rights and
obligations arising therefrom (in particular warranty rights), remain unaffected.
The following sections shall survive termination of the usage relationship: Intellectual Property, Feedback, Warranty, Limitation of Liability,
Severability, Governing Law, and any provisions which by their nature are intended to survive.
SECTION 15 — WARRANTY
Our products are subject to the statutory warranty (liability for defects) pursuant to Sections 434 et seq. of the German Civil Code (BGB). If
our products are defective at the time risk passes to you, you are entitled to the statutory rights of subsequent performance, rescission,
price reduction and damages in accordance with applicable law. The statutory warranty period is two years from delivery of the goods.
Information provided within or through the Services otherwise serves general informational purposes. We do not warrant the accuracy,
completeness or timeliness of such general information to the extent permitted by law; this does not affect the statutory warranty for our
products under the preceding paragraph.
SECTION 16 — LIMITATION OF LIABILITY
We are liable without limitation for intent and gross negligence, and in accordance with the German Product Liability Act. We are likewise
liable without limitation for damages arising from injury to life, body or health, including in cases of ordinary negligence.
In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), i.e., obligations the fulfillment of which
is essential for the proper performance of the contract and on whose observance you may regularly rely, our liability is limited to the
typical, foreseeable damage.
Beyond that, liability for damages caused by ordinary negligence is excluded.
These limitations of liability also apply in favor of our partners, employees, affiliates, agents, contractors and service providers, as well as
Shopify and its affiliates.
SECTION 17 — INDEMNIFICATION
If you act as a business/entrepreneur within the meaning of Section 14 BGB, you shall indemnify us against third-party claims resulting
from your culpable breach of these Terms and Conditions or of applicable law, including reasonable costs of legal defense.
If you act as a consumer, this indemnification obligation applies only to the extent you are responsible for the underlying breach; strict (no-
fault) liability for third parties is excluded with respect to consumers.
We will inform you of any claims asserted and give you the opportunity to respond before taking any measures that would obligate you to
make payment.
SECTION 18 — SEVERABILITY
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall
remain unaffected. The invalid provision shall be replaced, where applicable, by the corresponding statutory provision.
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, together with the policies referenced herein (in particular the Right of Withdrawal notice and the Privacy
Policy), constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements on
this subject.
SECTION 20 — ASSIGNMENT
You may not assign or transfer any rights or obligations under these Terms and Conditions without our prior written consent. We may
transfer our rights and obligations under this agreement to a third party, provided your legitimate interests are not adversely affected
thereby; in such case, we will inform you.
ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which you can find at
https://ec.europa.eu/consumers/odr/. Our email address is: pm@juliapfaffinger.de.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
SECTION 22 — HEADINGS
The headings used in these Terms and Conditions are for convenience only and shall have no bearing on the interpretation of the
respective provisions.
SECTION 23 — CHANGES TO THESE TERMS AND CONDITIONS
You may view the current version of these Terms and Conditions on this page at any time.
We reserve the right to amend these Terms and Conditions for the future, to the extent necessary for good cause (e.g., changes in the
legal situation, technical necessity). We will notify you of any material changes in text form (e.g., by email) in good time before they take
effect. For contracts already concluded, the Terms and Conditions in effect at the time the contract was concluded shall apply.
SECTION 24 — CONTACT INFORMATION
If you have any questions regarding these Terms and Conditions, please contact