Terms of service

OVERVIEW

Welcome to Affengeile Bilder! The terms “we,” “us,” and “our” refer to Affengeile Bilder. Affengeile Bilder operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Affengeile Bilder is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, along with all policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting or using our Services, or interacting with our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in the state or province where you reside and that you have given us your consent for your minor dependents to use the Services on devices that you own, purchase, or manage.

 

To use the Services—including to access or browse our online stores or to purchase the

products and services we offer—you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your login credentials and for all activities on your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. Please note, however, that the colors or appearance of the products may differ from how they appear on your screen, depending on the type of device you use to access the store, as well as your device’s settings and configuration.

 

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the images or representations in our online stores.

 

All product descriptions may be modified at any time and without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products 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. Affengeile Bilder reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until Affengeile Bilder confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Affengeile Bilder may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of ordering.

 

The return or exchange of your purchases is subject exclusively to the terms of our return policy.

You represent and warrant that your purchases are intended for your personal use or use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and is listed in the email containing your order confirmation. Unless expressly stated otherwise, the prices listed do not include taxes, shipping costs, processing fees, customs duties, or import charges.

The prices listed in our online stores may differ from the prices in our physical stores or in online stores and other stores operated by third parties. We may offer promotions related to our services from time to time that may affect pricing and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the charges incurred by you will be paid by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed over the goods to the shipping carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

 

Our Services, including but not limited to all trademarks, brand names, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Affengeile Bilder, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of any of the materials on the Services. Unless expressly stated otherwise herein, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Affengeile Bilder, Shopify, or any third party, nor may it be construed as granting a license or other right. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Affengeile Bilder.

The names, logos, product and service names, designs, and slogans of Affengeile Bilder are trademarks of Affengeile Bilder or its affiliates or licensors. You may not use these trademarks without the prior written permission of Affengeile Bilder. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

 

You may have access to third-party customer tools through the Services. We do not monitor these tools and have no control over or influence on them.

 

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 for any damages arising from or related to the use of optional third-party tools.

 

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the relevant third-party tools.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 – EXTERNAL LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please review the third-party provider’s policies and procedures carefully and ensure you understand them before completing any transaction.

 

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Affengeile Bilder is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Affengeile Bilder. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Affengeile Bilder, including any injuries, damages, or losses arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with Affengeile Bilder.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is transmitted to and shared with Shopify and third-party service providers, who may be located in a country other than your country of residence, in order to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please see our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit 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 media for any purpose, including for commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent that: (i) you own or have the right to use all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) treat your Feedback as confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon the rights of any third party. This includes copyrights, trademarks, privacy rights, publicity rights, or any other personal or proprietary rights. Furthermore, you agree that your feedback will not contain any defamatory or otherwise unlawful, offensive, or obscene statements, nor will it contain computer viruses or other malware that could in any way interfere with the operation of the Services or any associated website. You are not permitted to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any feedback. You are solely responsible for any feedback you provide and for its accuracy. We assume no responsibility or liability for feedback posted by you or third parties.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, slander, defame, disparage, intimidate, or cause harm to our employees or others; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to otherwise engage in conduct that restricts or impedes the use or enjoyment of the Services by others, or that, in our judgment, could harm Affengeile Bilder, Shopify, or the users of the Services, or expose them to liability.

In addition, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that are used or could be used in a manner that impairs the functionality or operation of the Services; (b) Reproducing, duplicating, copying, extracting, selling, reselling, or otherwise exploiting any part of the Services; (c) Collecting or tracking the personal data of others; (d) Misusing the Services through spam, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g., agent-based AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authorization features, the Robot Exclusion Header, or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the use of an agent to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that can be executed on behalf of or using a person’s device without direct supervision.

 

14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set forth in Section 14.4 below. Furthermore, no agent is permitted to access, use, or interact with the Services if we have instructed it to refrain from accessing, using, or interacting with a Service.

14.3 We may, including through technical measures, restrict whether and how an agent accesses, uses, and interacts with the Services.

 

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the agent’s name by including the following in the request’s User-Agent string: “Agent/[Agent Name]”

. (ii) must not conceal or disguise that access, use, or interactions originate from an agent, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must truthfully respond to questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) may not circumvent or otherwise evade measures intended to prevent, restrict, modify, or control whether and how agents access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time and without notice, in our sole discretion, and you remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

 

The information provided on or through the Services is for general informational purposes only. We make no warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim any liability or responsibility arising from your reliance on such materials, or the reliance of other visitors to the Services, or third parties who become aware of their content.

UNLESS OTHERWISE EXPRESSLY STATED, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY MANNER, SECURELY, OR WITHOUT ERRORS. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY KIND OF INJURY, LOSS, claim, or direct, indirect, incidental, or special damages, punitive damages, consequential damages, or exemplary damages of any kind, including but not limited to lost profits, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE ALLEGED TO ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM THAT IS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS AND OMISSIONS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Affengeile Bilder, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, that are payable to third parties arising out of or in connection with (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.

We will notify you of any claim for which you are liable to indemnify us, provided that you will not be relieved of your obligations due to a delay in notification, unless such delay causes you significant prejudice. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but shall not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense against indemnification claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.

SECTION 20 – WAIVER; 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, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written (including, but not limited to, prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted this document.

SECTION 21 – ASSIGNMENT

You may not delegate, assign, or transfer this Agreement or your rights and obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and Conditions, as well as any separate agreements under which we provide services to you, are governed by and construed in accordance with the laws of the federal, state, or territorial courts located in the jurisdiction of Affengeile Bilder. You and Affengeile Bilder consent to the local and personal jurisdiction of these courts.

 

SECTION 23 – HEADINGS

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

The most current version of the Terms of Service is available at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website.

It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms of Service are posted, you agree to those changes.

SECTION 25 – CONTACT INFORMATION

Please send any questions regarding the Terms and Conditions to support@affengeilebilder24.de.

Information pursuant to Section 5 of the German Telemedia Act (TMG)

Affengeilebilder is a trademark of

Planctron GmbH

Lipper Hellweg 41D

33604 Bielefeld

Germany

Represented by:

Aron Burdack

Registration:

Registered with the Bielefeld Local Court

Registration number: HRB 34669

VAT ID:

VAT identification number pursuant to §27a of the German VAT Act:

DE162236444