Terms and Conditions
Overview
This website is operated by FARN Digital GmbH. Throughout the site, the terms „we“, „us“ and „our“ refer to FARN Digital GmbH. FARN Digital GmbH offers this website, including all information, tools and services available from this site to you, the user, on the condition that you accept all the terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our „Service“ and agree to be bound by the following terms and conditions („Terms and Conditions“, „Terms“, "T&Cs"). These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools that are added to the current shop shall also be subject to the Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – TERMS AND CONDITIONS FOR THE ONLINE SHOP
By agreeing to these Terms and Conditions, you confirm that you are of legal age in your country of residence or that you are of legal age in your country of residence and have given us your consent for your minor dependants to use this website.
You may not use our products for any illegal or unauthorised purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) by using the service.
You must not transmit any worms, viruses, or other code of a destructive nature.
Breach of, or failure to comply with, any of these terms will result in the immediate termination of your services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that your information (excluding credit card information) may be transferred unencrypted and involve (a) transfers over various networks, and (b) changes to adapt and conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred 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 express written permission by us.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or up-to-date. The material on this website is for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.
This page may contain certain historical information. Historical information is not necessarily current and is provided for your guidance only. We reserve the right to change content on this website at any time, but are not obliged to update any information on our website. You agree that you are responsible for monitoring changes to our website.
SECTION 4 – CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may only be available online via our website. These products or services may be available in limited quantities and are only eligible for return or exchange in accordance with our returns policy.
We have endeavoured to display the colours and images of our products that appear on the site as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographical 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 that we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 – CORRECTNESS OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account or credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete and correct purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – ADDITIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control, nor have any influence over.
You agree that we provide access to these tools „as is“ and „as available“ without any warranties, representations, or conditions of any kind, and without any endorsement. We assume no liability arising from or related to your use of any third-party add-on tools.
Any use of additional tools offered via the website is at your own risk and discretion, and you should ensure you are familiar with and agree to the terms under which the tools are provided by the third party provider(s).
We may also offer new services and/or features on the website in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these terms and conditions.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant and will not have any liability or responsibility for any materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any damages arising in connection with the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. Please read the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (for example, contest entries) or creative ideas, suggestions, proposals, plans, or other materials online, by email, by post, or otherwise, unsolicited by us (collectively, „comments“), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall not be obligated to (1) keep any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but are not obliged to, monitor, edit or remove content which we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms and Conditions.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary right, or be defamatory, libellous or otherwise unlawful, abusive, hateful or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL DATA
The transmission of personal data via the shop is subject to our data protection policy. Please read our data protection policy for this.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right, at any time and without prior notice (even after you have placed your order), to correct any errors, inaccuracies, and omissions, and to change or update information or cancel orders if any information relating to the service or on any related website is inaccurate.
We undertake no obligation to update, amend, or clarify information on the Service or any related website, including, without limitation, pricing information, except as required by law. Any update date set forth on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit any false or misleading information;
(g) to upload or transmit any viruses or any other type of malicious code that in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any 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 for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee, accept responsibility for, or provide any warranty that the use of our services will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained through the use of the service will be accurate or reliable.
You agree that we may from time to time remove the service offering indefinitely or cease to offer it at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided „as is“ and „as available“ for your use (unless expressly stated by us), without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, or non-infringement of third-party rights.
FARN Digital GmbH, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
As some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
SECTION 14 – INDEMNITY
You agree to indemnify, defend and hold harmless FARN Digital GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims or demands, including reasonable attorneys’ fees, made by any third party due to your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY CLAUSE
Should any provision of these Terms and Conditions be found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms and Conditions, such determination not affecting the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The parties' obligations and liabilities arising before the termination date shall survive the termination of this agreement for all purposes.
These terms and conditions are valid until terminated by you or by us. You can terminate these terms and conditions at any time by informing us that you no longer wish to use our services, or when you cease to use our website.
If you fail to comply with any provision of these Terms and Conditions, in our sole discretion, or we suspect you have, we may terminate this agreement at any time without notice, and you shall remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our services (or parts thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure by us 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, along with any policies or operating rules posted by us on this site or in respect of 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, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These terms and conditions and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of Ballindamm, 13, Hamburg, 20095, Germany.
SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS
The most current version of the Terms and Conditions can be viewed on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT DETAILS
Questions regarding the terms and conditions are under info@farnlabs.de to address us.