Terms and Conditions

(Status: January 8, 2025)

These Terms

(1) This website and/or the services, including all associated mobile applications through the site, are owned and operated by Luca Vischi. All offers and sales of products are made on behalf of Luca Vischi. These Terms and Conditions set out the terms under which visitors or users may access and use the website and/or services and purchase products.

(2) By accessing or using the services, you agree to be bound by these Terms. If you do not agree with all of the Terms, you may not access the site or use the services. Please read these Terms carefully before accessing our site, using the services, or purchasing products. These Terms inform you who we are, how we sell products to you, how you may withdraw from a purchase, and what you can do in case of problems.

(3) You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the services and purchase products. If you are a minor, you require consent from your parents or legal guardian to use the services or purchase products.

Purchase of Products

(1) The purchase of products is subject to the conditions applicable at the time of purchase.

(2) When purchasing a product:
(i) you are responsible for reading the full item description before committing to purchase, and
(ii) placing an order on the site (by completing payment using the “Order with obligation to pay” button or a similar button) may constitute a legally binding contract for the purchase of the respective product, unless otherwise set out in these Terms.

(3) You may select products from our range by clicking the relevant button and placing them in your shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintended pricing errors. Such changes will not affect the price of products already purchased. During checkout, you will be shown an overview of all products placed in your cart, including key product features, the total price of all products, applicable VAT/sales tax, and any shipping costs. At checkout, you may also review and, if necessary, change, remove, or correct products and quantities. You may also correct input errors before submitting your final binding order using the editing feature. All delivery times apply from receipt of your payment of the purchase price. By clicking the “Order with obligation to pay” button, you place a binding order to purchase the listed products at the stated price and shipping costs. To complete the order process via the “Order with obligation to pay” button, you must accept these Terms as legally binding for your order by ticking the corresponding checkbox.

(4) We will then send you an order receipt confirmation by email listing your order again, which you can then print or save using the relevant function. Please note that this is an automatic notification that only confirms we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement for the purchase of products is only concluded when we send you an acceptance declaration by email or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method—and you select that method—for which payment is initiated immediately upon placing your order (e.g., instant transfer via PayPal, Giropay, Paydirekt). In such cases, the legally binding agreement is concluded when you have completed the ordering process as described above by clicking the “Order with obligation to pay” button.

(6) The purchase agreement may be concluded in German. After the conclusion of the contract, the contract terms are stored by us but are no longer accessible to you.

Storage of Online Payment Information

You may save a preferred payment method for future use. In this case, we store this payment information in accordance with applicable industry standards, where available (e.g., PCI DSS). You may identify your stored card by the last four digits.

Member Account

(1) To access and use certain areas and functions of our site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering.

(2) If someone other than yourself accesses your Member Account and/or settings, they may perform any action available to you, such as making changes to your account. Therefore, we strongly recommend keeping your account login details secure. Any such activities will be deemed to have been performed on your behalf, and you may be solely responsible for such activities, including any damages, expenses, and losses, whether or not expressly authorized by you. You are liable for activities related to your Member Account if you negligently enabled its use by failing to exercise adequate care in protecting your login details.

(3) You may create and access your Member Account through a dedicated webpage or through a third-party platform such as Facebook (the “Social Network Account”). By registering via a Social Network Account, you grant us access to certain information about you stored within your social network profile.

(4) We may suspend or terminate your access to the Member Account permanently or temporarily, without liability to you, to protect ourselves, our site, our services, or other users, in cases where you violate these Terms or applicable laws. This may occur without prior notice if immediate action is required; in such case, we will notify you as soon as possible. We further reserve the right to terminate your Member Account with two months’ notice by email if, for example, we discontinue our account program. You may terminate usage and request deletion of your Member Account at any time by contacting us.

Permitted Use

(1) Our services are provided for informational purposes and for private, non-commercial use only. You must comply with these Terms and all applicable laws when using our services.

(2) Unless expressly permitted under these Terms, it is not allowed to:
(i) use our services unlawfully or fraudulently (including violating third-party rights) or to collect personal data or impersonate other users;
(ii) alter or use our copyright, trademark, or other proprietary notices, or interfere with the security features of our services;
(iii) manipulate or falsify content or undermine the integrity and accuracy of content, or take action to impair or disrupt our services;
(iv) upload, post, or transmit content not meeting our content standards;
(v) send or enable the transmission of unsolicited or unauthorized advertising or promotional material;
(vi) transmit or upload to our services any data that includes viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware, or other malicious programs intended to impair the operation of software or hardware;
(vii) use robots, spiders, or other automated or manual processes to monitor/copy our services or extract data;
(viii) act in a way that restricts other users from using our services; or
(ix) use our services for commercial purposes or activities without our prior written consent.

You agree to fully cooperate with us in investigating any suspected or actual breach of these Terms.

Intellectual Property Rights

(1) Our services and related content (and any derivative works or improvements), including but not limited to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, trade dress, interactive features, and all intellectual property rights therein, belong to us or are licensed to us (together: “Our Intellectual Property Rights”), and nothing in these Terms grants you any rights in connection with Our Intellectual Property Rights. Unless expressly stated here or required under mandatory laws, you acquire no rights, claims, or interests in Our Intellectual Property Rights. All rights not expressly granted in these Terms remain reserved.

(2) If the products include digital content, such as music or videos, the rights granted in relation to such content are set out on the site.

Disclaimer of Warranties for the Use of the Site and Services

The services, Our Intellectual Property Rights, and all related information, materials, and content made available to users free of charge are provided “as is” and “as available,” without warranties of any kind, express or implied (including warranties of fitness for a particular purpose, security, reliability, timeliness, accuracy, and performance), except in cases of fraudulent concealment of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to services may be suspended or limited due to repairs, maintenance, or updates. The warranty for purchased products, as described in the “Warranty for Products” section, remains unaffected.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees), arising from or related to your use of the website and services in violation of these Terms, especially any use in breach of the “Permitted Use” section, unless such circumstances are not attributable to your fault.

Limitation of Liability

(1) We are liable only for intent, gross negligence, negligent injury to life, body, or health, or for slightly negligent breach of a material contractual obligation, and only in cases of paid services or the sale of products. A “material contractual obligation” is one whose fulfillment is essential for the proper performance of the agreement and on which you regularly rely and may reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of typical, foreseeable damages in such contracts. Our liability under the German Product Liability Act or in cases where we have provided an explicit guarantee remains unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenditure), non-contractual liability (including tort liability), and pre-contractual liability (culpa in contrahendo). They also extend to our directors, officers, legal representatives, employees, and agents.

Changes to the Terms and Services; Termination

We reserve the right to amend these Terms at our sole discretion from time to time to reflect changes in the law, introduction of new functions, or further business development. Therefore, you should review these Terms regularly and in any case during checkout when purchasing products. The new Terms apply to any new order placed after the effective date of the updated Terms. Where continuing services are affected, we will reasonably take into account your legitimate interests and inform you in advance of such changes. These changes will be deemed accepted by you unless you object within two months of being notified. We will inform you of this in our notice. If you object to the changes, we have a special right of termination—without further obligations to you—effective on the effective date of the changes.

We may modify the services, discontinue the provision of services or one or more functions, or restrict the services. We may permanently or temporarily terminate or suspend access to the services at any time without reason and without further obligations, considering your legitimate interests where possible.

Third-Party Links

The services may contain links that cause you to leave the site. Unless otherwise stated, linked pages are not under our control, and we are not responsible for the contents of linked sites, links contained in them, or updates to such sites. We are not responsible for transmissions received from a linked site. Third-party links are provided solely for informational purposes. The inclusion of links does not imply endorsement of their owners or contents.

Governing Law

(1) These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany (excluding conflict-of-law provisions).

(2) The European Commission provides a platform for Online Dispute Resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

Miscellaneous

(1) A waiver by either party of any breach or default under these Terms does not constitute a waiver of prior or subsequent breaches or defaults.

(2) The headings used in these Terms are for convenience only and carry no legal significance.

(3) Unless expressly stated otherwise, if any part of these Terms is found to be unlawful or unenforceable, that part shall be deleted, and the remaining Terms shall remain unaffected and fully enforceable.

(4) Without our prior written consent, you may not assign your agreement with us under these Terms or any of your contractual rights or obligations.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the services and sale of products.

(6) The provisions of these Terms that, by their nature, should survive termination shall remain in effect, in particular provisions concerning indemnification, limitation of liability, disclaimers, and this “Miscellaneous” section.