Terms of service

OVERVIEW
Welcome to Hommox! The terms “we”, “us” and “our” refer to Hommox UG (haftungsbeschränkt) (“Hommox”). Hommox operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Hommox is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Purchases in our store are also governed by our General Terms and Conditions (AGB), our Withdrawal Policy, our Refund Policy and our Shipping Policy. If these Terms of Service conflict with the AGB on a matter concerning your purchase, the AGB apply.
Nothing in these Terms of Service limits or excludes the rights you have as a consumer under mandatory law, in particular your statutory right of withdrawal and your statutory warranty rights.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ slightly from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. Your statutory warranty rights are not affected.
Descriptions of products may change at any time. Changes do not affect orders that we have already confirmed. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Hommox reserves the right to accept or decline your order. Your order is not accepted until Hommox confirms acceptance. Please review your order carefully before submitting. In the event that we do not accept, make a change to, or cancel an order, we will notify you using the e‑mail address, billing address, and/or phone number provided at the time the order was made, and we will refund any payment already made for that order without delay.
You can return your purchases in accordance with our Refund Policy and your statutory right of withdrawal, which is described in our Withdrawal Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices shown in our store include the applicable statutory value added tax (VAT). Shipping costs, if any, are shown separately at checkout before you place your order; see our Shipping Policy.
Prices posted in our online stores may be different from prices offered in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including the shipping charges shown at checkout.

SECTION 5 - SHIPPING AND DELIVERY
We deliver within 30 days of the order date. Delivery areas and shipping costs are set out in our Shipping Policy. Goods are shipped directly to you by the manufacturer or its logistics partner.
We are not responsible for delays caused by events outside our reasonable control. Your statutory rights in the event of late delivery are not affected.
The risk of loss of or damage to the goods passes to you when you, or a person named by you who is not the carrier, take possession of the goods.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Hommox, its affiliates or licensors and are protected by copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Hommox, Shopify or any third party. All rights not expressly granted herein are reserved by Hommox.
Hommox’s names, logos, product and service names, designs, and slogans are trademarks of Hommox or its affiliates or licensors. You must not use such trademarks without the prior written permission of Hommox. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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. Subject to Section 16, we shall have no liability 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 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
Subject to Section 16, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Hommox is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Hommox. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Hommox, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Hommox.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. If an obvious error affects an order you have placed, we will contact you before the order is carried out, and you may cancel the order free of charge.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Hommox, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) if you breach these Terms. Orders that we have already confirmed are not affected, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - WEBSITE INFORMATION AND WARRANTY
The general information presented on or through the Services is made available for information purposes. We take care to keep it accurate and up to date, but we do not guarantee that the website will be uninterrupted, timely, secure or error-free at all times.
For the products you buy from us, the statutory warranty rights apply. If a product is defective, please contact us using the contact details in Section 24.

SECTION 16 - LIMITATION OF LIABILITY
Hommox is liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under mandatory product liability law, and where we have given a guarantee.
In cases of slight negligence, Hommox is liable only for the breach of essential contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible and on which you may regularly rely. In that case our liability is limited to the foreseeable damage typical for this type of contract.
Any further liability of Hommox is excluded. These limitations also apply to our legal representatives, employees and agents.

SECTION 17 - INDEMNIFICATION
If you culpably breach these Terms of Service or violate the law or the rights of a third party when using the Services, you agree to indemnify Hommox and Shopify against the resulting claims of third parties, including the reasonable costs of legal defence.
We will notify you of any such claim without undue delay and give you the opportunity to respond. You will cooperate in the defense of such claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remaining provisions remain valid and enforceable. The statutory provisions apply in place of the invalid provision.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us 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, together with the policies and terms referenced in them, govern your use of the Services and supersede any prior versions of the Terms of Service.

SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer these Terms and our rights and obligations to a successor of our business; your rights as a consumer are not reduced by such a transfer.

SECTION 21 - GOVERNING LAW
These Terms of Service are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, the mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may update these Terms of Service by posting the new version on our website. The version in force at the time of your order applies to that order. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at service@hommox.com.
Our contact information is posted below:
HOMMOX - Hommox UG (haftungsbeschränkt)
service@hommox.com
Tal 44, 80331 München, Germany
+49 176 32972519
Commercial register: HRB 309795, Amtsgericht München
VAT ID: DE461087136