Terms of Use
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1. Agreement to Terms
Welcome to Jyxallanghvorp. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Jyxallanghvorp, concerning your access to and use of our website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.
By accessing or using our website, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the date of these Terms of Use, and you waive any right to receive specific notice of each such change.
2. Intellectual Property Rights
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
The content and marks are provided on the website for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the content, and the marks.
3. User Representations
By using the website, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with these Terms of Use
- You are not a minor in the jurisdiction in which you reside
- You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the website for any illegal or unauthorized purpose
- Your use of the website will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website.
4. Products and Services
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice. We reserve the right to limit the quantities of any products or services that we offer.
Container gardens and plants are living products that may vary in appearance from images shown on the website. Plant growth, color, and condition may differ based on seasonal factors, growing conditions, and care provided after delivery. We provide care guides and support but cannot guarantee specific outcomes as results depend on environmental factors and user care.
5. Purchases and Payment
We accept various forms of payment as indicated on our website at the time of purchase. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros unless otherwise stated. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
6. Return and Refund Policy
Please review our Return Policy posted on the website prior to making any purchases. For detailed information about our return and refund procedures, please refer to our separate Return Policy page which forms an integral part of these Terms of Use.
7. Prohibited Activities
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the website, you agree not to:
- Systematically retrieve data or other content from the website to create or compile a collection, compilation, database, or directory without written permission from us
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Circumvent, disable, or otherwise interfere with security-related features of the website
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website
- Use any information obtained from the website in order to harass, abuse, or harm another person
- Make improper use of our support services or submit false reports of abuse or misconduct
- Use the website in a manner inconsistent with any applicable laws or regulations
- Engage in unauthorized framing of or linking to the website
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the website
- Engage in any automated use of the system, such as using scripts to send comments or messages
- Delete the copyright or other proprietary rights notice from any content
- Attempt to impersonate another user or person or use the username of another user
- Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you
- Copy or adapt the website's software, including but not limited to HTML, JavaScript, or other code
8. Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six-month period prior to any cause of action arising. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of your use of the website, breach of these Terms of Use, any breach of your representations and warranties, or your violation of the rights of a third party.
10. Governing Law
These Terms of Use and your use of the website are governed by and construed in accordance with the laws of Germany applicable to agreements made and to be entirely performed within Germany, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be brought in the courts located in Münster, Germany, and you hereby consent to the jurisdiction of such courts.
11. Dispute Resolution
Any disputes arising out of or relating to these Terms of Use or your use of the website shall first be attempted to be resolved through informal negotiations. If the dispute cannot be resolved through informal negotiations within thirty days, either party may submit the dispute to binding arbitration in accordance with the arbitration rules of the relevant arbitration body in Germany.
12. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website. We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
13. Contact Information
In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:
Jyxallanghvorp
Gittruper Str. 31, 48157 Münster, Germany
Phone: +49 251 324104
Email: touch@jyxallanghvorp.world