Terms of service
TERMS AND CONDITIONS
OVERVIEW
This website is operated by Greta Lucy Contreras Lorenzo under the title "Athena's Atelier". Throughout the site, the terms "we", "us", and "our" refer to “Athena’s Atelier“. “Athena’s Atelier“ offers this website, including all information, tools, and services available on this site, to you, the user, conditioned on your acceptance of all the terms, conditions, policies, and notices stated here.
When you visit our website and/or purchase something from us, you engage in our "Service" and agree to be bound by the following Terms and Conditions ("Terms", "Conditions"), including the additional Terms and conditions and policies mentioned herein and/or available via hyperlink. These Terms and Conditions apply to all users of the website, including users who are visitors, 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 website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, 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.
All new features or tools added to the current shop are also 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. By using the website after the
Continuing to use or access the site after any changes are posted will be considered acceptance of those changes.
Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS FOR THE ONLINE SHOP
By agreeing to these Terms and Conditions, you declare that you are at least of legal age in the country of your residence or that you are of legal age in your country of residence and have given us your consent for your minor relatives to use this website.
You may not use our products for illegal or unauthorized purposes, nor may you violate laws in your jurisdiction (including, but not limited to, copyright laws) by using the service.
You may not transmit any worms or viruses or any other destructive code.
Violation of or infringement of any of these terms will result in the immediate termination of your services.
All illustrations and images on the website are, unless otherwise stated, the property of "Athena's Atelier" in accordance with §12 UrhG and may not be used by third parties without express consent.
SECTION 1a – OFFER AND CONCLUSION OF CONTRACT
The presentation of products in the online shop does not constitute a legally binding offer but rather an informal online catalog. By clicking the order button, the customer submits a binding order request (offer to conclude a contract).
The email automatically sent immediately after submitting the order merely documents the receipt of this order request from the customer and does not constitute acceptance of the offer.
We reserve the right to review any order request before acceptance and to reject orders at our discretion (e.g., for security or risk concerns). A binding contract is only formed when we accept the order request by successfully capturing the customer's payment (payment capture).
SECTION 2 - GENERAL TERMS
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that your information (except payment information) may be transmitted unencrypted and
(a) Transmissions over various networks as well as
(b) Changes may be made to meet the technical requirements of connected networks or devices and to adapt to them. Payment information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, the use of the service, or access to the service or any contacts 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 TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The material on this website is for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete, or more current 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 reference only. We reserve the right to change the content on this website at any time, but are not obligated to update any information on our website. You agree that you are responsible for monitoring changes on our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices for our products may be changed without prior notice.
We reserve the right to change or discontinue the service (or any part or content thereof) at any time without notice.
Shopify is not liable to you or any third parties for changes, price changes, suspension, or termination of the service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may only be available online through the website. These products or services may only be available in limited quantities and are subject to return or exchange only in accordance with our return policies.
We have made every effort to display the colors and images of our products that appear in the shop as accurately as possible. We cannot guarantee that your computer screen will display every color correctly.
We reserve the right, but are not obligated, to restrict the sale of our products or services to certain individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices may be changed at any time without prior notice and at our sole discretion. We reserve the right to remove any product from the offering at any time. Any offer for a product or service made on this website is void where prohibited.
The use of purchased digital products is only permitted for personal purposes. Commercial use or further processing is not allowed.
If designs, clip arts, or templates from third parties are used to create our products, this is done under the use of appropriate commercial licenses without mentioning the author.
We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We reserve the right to label our products with our logo in a non-permanent location.
SECTION 6 - PRODUCT PRICES
All product prices are final prices plus shipping costs.
According to the small business regulation §19 Abs.1 UStG, the listed prices do not include statutory sales tax.
There is no minimum order value.
For payment in the Shopify store, the customer can enter one or more voucher codes in the "My Purchases" section. The voucher value is credited to the provider, and the invoice amount is settled in this way. If a voucher value is higher than the invoice amount, the voucher remains valid for the excess amount.
SECTION 7 – SHIPPING:
The detailed shipping costs will be displayed during the payment process.
The detailed shipping conditions are listed under the "Shipping" menu item.
Products are shipped as insured shipping with tracking.
Products are usually shipped within 2-5 business days plus shipping time from the conclusion of the contract (acceptance of the order request by processing the payment).
Custom orders (created via the custom order form) have a processing time of approximately 10 business days plus shipping time from the conclusion of the contract.
The specified delivery times are estimates and do not constitute a guarantee. Delays in the delivery and receipt of products are not our responsibility.
No shipping costs will be refunded for rejected or undeliverable packages. If the package is returned as "undeliverable," we reserve the right to charge the shipping costs for a redelivery again.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel purchase quantities per person, per household, or per order at our discretion. These restrictions may apply to orders placed by or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of the order. We reserve the right to restrict or prohibit orders that appear, in our sole discretion, 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 shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please read our return policy.
SECTION 9 - ADDITIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control nor influence.
You agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability arising from your use of additional third-party tools or related to it. Any use of additional tools offered through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third party/parties.
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products, and services available through 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 make no warranties and assume no liability or responsibility for materials or websites or for any other materials, products, or services from third parties.
We are not liable for any damages related to the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites. Please read the third party's policies and practices carefully and ensure that you understand them before conducting a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 11 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit certain submissions (e.g., contest entries) at our request or without our request creative ideas, suggestions, proposals, plans, or other materials online, by email, by mail, or otherwise (collectively referred to as "comments"), you agree that we may edit, reproduce, publish, distribute, translate, and otherwise use in any medium any comments you forward to us at any time and without restriction. We are and will not be obligated to (1) treat comments as confidential, (2) pay compensation for comments, or (3) respond to comments.
We may monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that infringes the intellectual property of any party or these terms and conditions, but we are not obligated to do so.
You agree that your comments do not violate the rights of third parties, including copyright, trademark, privacy, or personality rights or other personal rights or property rights. You further agree that your comments do not contain defamatory, libelous, or otherwise unlawful, offensive, hateful, or obscene material or computer viruses or other malware that could interfere with the operation of the services or any related website or application in any way. You may not use a false email address, impersonate any person or entity, or mislead us or third parties regarding the origin of comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for comments posted by you or third parties.
SECTION 12 - PERSONAL DATA
The submission of personal data through the shop is subject to our privacy policy. Please read our privacy policy for this.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our website or our service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, and omissions and to change or update information or cancel orders at any time and without prior notice (even after you have placed your order) if any information regarding the service or any related website is incorrect.
We have no obligation to update, amend, or clarify information regarding the service or any related website, including but not limited to pricing information, unless required by law.
The listed update dates provided in relation to the service or any related website should not be understood as an indication that all information regarding the service or any related website has been changed or updated.
SECTION 14 - PROHIBITED APPLICATIONS
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following: (a) for unlawful purposes; (b) to solicit others to engage in or participate in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe 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 transmit false or misleading information; (g) to upload or transmit viruses or any other type of harmful code that in any way affects 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) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; or (k) to disrupt 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 applications.
SECTION 15 - DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY
We make no guarantee, responsibility, or warranty that the use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee 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 at any time indefinitely or discontinue it at any time without notice to you.
You expressly agree that the use of the service or the inability to use the service is at your sole risk. The service and all products and services offered to you through the service are provided to you (unless 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 all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement, or non-violation of third-party rights.
Under no circumstances shall “Athena’s Atelier“, our employees, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, data loss, recovery costs, or similar damages, whether based on a contract, tort (including negligence), or strict liability, or otherwise arising from the use of the service or products obtained through the service, or for any other claims in any way related to the use of the service or a product, including, but not limited to, errors or omissions in content or losses or damages of any kind arising from the use of the service or content (or products) published, transmitted, or otherwise made available through the service, even if advised of the possibility thereof.
Since some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those states or jurisdictions, our liability is limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless “Athena’s Atelier” and our partners, service providers, subcontractors, suppliers, and employees from any claims or demands, including reasonable attorney's fees, made by third parties due to your violation of these Terms and Conditions or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 17 - SEVERABILITY
Should it be determined that any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision shall nonetheless 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 shall not affect the validity and enforceability of the remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions remain in effect until terminated by you or us. You may terminate these Terms and Conditions at any time by informing us that you no longer wish to use our services, or if you cease to use our website.
If you fail to comply with any provision of these Terms and Conditions at our sole discretion, or we suspect that you have, we may 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 we may deny you access to our services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions as well as policies or operating regulations published by us on this website or in relation to the service constitute the entire agreement and understanding between you and us, govern your use of the service, and replace all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, previous versions of the General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 20 - APPLICABLE LAW
These General Terms and Conditions and all separate agreements under which we provide you with services are subject to the laws of Colmdorfstr. 11, Munich, Bavaria, 81249, Germany and are to be interpreted in accordance with them.
SECTION 21 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
The latest version of the General Terms and Conditions can be viewed at any time on this page.
We reserve the right to update, change, or replace any part of these General Terms and Conditions at our discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for possible changes. By continuing to use or access our website or the service after the publication of changes to these General Terms and Conditions, you accept those changes.
SECTION 22 – RIGHT OF WITHDRAWAL
The orderer can revoke the declaration of contract within 14 days without stating reasons in text form (e.g., letter, email) or - if the item is delivered before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before the goods have arrived at the recipient (in the case of recurring delivery of similar goods, not before the arrival of the first partial delivery) and also not before the fulfillment of the provider's information obligations according to Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB as well as the obligations of the provider according to § 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To maintain the withdrawal period, it is sufficient to send the withdrawal or the item in a timely manner.
According to § 312g Abs. 2 Sentence 1 BGB, the buyer has no right of withdrawal if products are specifically made and personalized for the buyer.
The cancellation should be addressed to:
Greta Contreras
Colmdorfstr. 11
81249 Munich
The cancellation can also be declared in writing via email (info@athenasatelier.com).
SECTION 23 – CONTACT DETAILS
Questions regarding the General Terms and Conditions should be directed to info@athenasatelier.com.