Bedingungen und Konditionen

OVERVIEW
This web site is operated by Elly Momberg www.elly-momberg.com. Throughout the site, the terms "we", "us" and "our" refer to Elly Momberg. Elly Momberg LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website, you are engaging our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, sellers, customers, merchants and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any portion of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current Store will also be subject to the Terms of Use. You may review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. If you continue to use or access the Site after changes are posted, you agree to be bound by those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow one of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including, without limitation, copyright laws) in your use of the Service.
You may not transmit worms or viruses or other code of a destructive nature.
Violation or breach of any of the Terms will result in immediate termination of the Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse our services at any time and for any reason.
transmissions over different networks and (b) may involve changes to accommodate the technical requirements of the connecting networks or devices. Credit card information is always encrypted when transmitted 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 our express written permission.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

Section 3 - ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION.
We are not responsible if the information provided on this website is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current 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 is necessarily not current and is provided for your information only. We reserve the right to change the content of this site at any time, but are under no obligation to update the information on our site. You agree that it is your responsibility to keep track of any changes on our site.

Section 4 - CHANGES IN SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - PRODUCTS OR SERVICES (if applicable).
Certain products or services may only be available online through the Site. These products or services may be available only in limited quantities and may be returned or exchanged only in accordance with our return policy.
We have made every effort to represent as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of colors on your computer monitor will be accurate.
We reserve the right, but have no obligation, to limit the sale 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 we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials you purchase or receive will meet your expectations or that any errors in the service will be corrected.

SECTION 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 purchase quantities per person, per household or per order. These limits may include orders placed from or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict 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 in 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 may complete your transactions and contact you as needed. For more details, please read our return policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no 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 and without any endorsement. We assume no liability arising out of or in connection with your use of any Optional Third Party Tools.
Any use of optional tools provided through the Site is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the applicable 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 will also be subject to these Terms of Use.

Section 8 - LINKS FROM THIRD PARTIES.
Certain content, products and services available through our Service may contain materials from third parties.

Third-party links on this Site may take you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy thereof, and we make no warranties or representations regarding, and assume no liability or responsibility for, any third-party materials or websites or any other third-party materials, products or services.

We are not liable for any damages related to your purchase or use of goods, services, resources, content or other transactions in connection with any third party websites. Please carefully review the third party's policies and practices and make sure you understand them before completing any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit certain Submissions (e.g., Contest Entries) in response to our solicitation, or without solicitation by us, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you submit to us at any time and without restriction. We are not and will not be obligated to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or infringes any party's intellectual property or these Terms of Use.
You agree that your comments do not violate any rights of any third party, including copyright, trademark, privacy, personal rights or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.

Section 10 - PERSONAL INFORMATION.
The submission of personal information by you through the Store is subject to our Privacy Policy. To view our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Site or Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information in the Service or on any related website is inaccurate at any time without notice (including after you have placed your order).
We assume no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No stated update or refresh date applied in the Service or on any related website should be construed as an indication that all information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES.
In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents: (a) use for any unlawful purpose; (b) solicit others to engage in or participate in any unlawful activity; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that in any way interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; 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 if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY.
We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service from time to time indefinitely or discontinue the Service at any time without notice.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service and all products and services made available to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Elly Momberg Pralines, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence) (including negligence), strict liability, or otherwise, arising out of the use of the Service or any Products procured through the Service, or for any other claim related in any way to the use of the Service or any Product, including but not limited to 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 Products) posted, transmitted, or otherwise made available through the Service, even if based on its possibility has been pointed out. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elly Momberg Pralines and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, interns and employees, 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 reference, or your violation of any law or the rights of a third-party.

SECTION 15 - REVOCABILITY.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes.
These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you no longer use our website.
If, in our sole discretion, you fail or we suspect that you are failing to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or may accordingly deny you access to our Services (or any part thereof).

SECTION 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 posted by us on this Site or with 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, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the interpreting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with German law.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may 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, modify or replace any part of these Terms of Service by posting updates and changes on 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 changes to these Terms of Service will constitute your acceptance of such changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@elly-momberg.com.