Terms and Conditions

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

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

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependents to use the Services on devices you own, purchased, or manage.

To use the Services—including accessing or browsing our online stores or purchasing products or services we offer—you may be asked to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide such information.

You are solely responsible for the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have endeavored to depict our products and Services in our online shops as accurately as possible. However, please note that colors or the appearance of products may differ from what is shown on your screen due to the device you use to access the shop and its settings and configuration.

We do not warrant that the appearance or quality of the products or Services you purchase will meet your expectations or match the depictions in our online shops.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, in any geographic region, or within any jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. Eberle reserves the right, in its sole discretion and for any reason, to accept or reject your order. Your order is not deemed accepted until confirmed by Eberle. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Eberle may not be able to accommodate cancellation requests once an 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 the order was placed.

Returns or exchanges of your purchases are made solely in accordance with our Right of Withdrawal policy.

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

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. 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 the order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import duties.

Prices shown in our online shops may differ from prices in physical stores or in online shops or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to terms different from these Terms. In the event of a conflict between a promotion’s terms and these Terms, the promotion’s terms will govern.

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

You represent and warrant that (i) the credit card information you provide is truthful, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and all 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 are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we hand products over to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services—including, without limitation, all trademarks, service marks, text, illustrations, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof—are the property of Eberle, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms and Conditions permit you to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services. Except as expressly set forth herein, nothing in these Terms and Conditions grants you any license or other rights in any patents, trademarks, copyrights, or other intellectual property of Eberle, Shopify, or third parties, nor may such rights be implied. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved by Eberle.

The names, logos, product and service names, designs, and slogans of Eberle are trademarks of Eberle or its affiliates or licensors. You may not use these marks without Eberle’s prior written consent. 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 the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor control and over which we have no influence.

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. We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for becoming familiar with and accepting the terms under which the tools are provided by the relevant third-party providers.

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

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of materials or websites of third parties that you access at your own discretion. If you choose to 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 or losses caused by your access to third-party websites or by the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party’s policies and procedures and ensure you understand them before engaging 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

Eberle is powered by Shopify, which enables us to provide the Services. However, all sales and purchases you make in our shop are concluded directly with Eberle. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Eberle, including injuries, damages, or losses caused by purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising from or relating to your purchases and transactions with Eberle.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal data may also 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.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and with third-party providers—which may be located in countries other than your country of residence—in order to provide the Services to you. Please see our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, 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 commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, to fulfill our obligations, and to exercise our rights under these Terms and Conditions.

You further represent and warrant that: (i) you own all Feedback content or otherwise hold all necessary rights; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) provide compensation for your Feedback, or (3) respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms and Conditions.

You represent that your Feedback does not infringe the rights of third parties, including copyrights, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material and is free of computer viruses 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 else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

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

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services or that, as determined by us, may harm Eberle, 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 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 data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; 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 at any time without notice 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) at any time, at our sole discretion and without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, 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 – WARRANTY DISCLAIMER

The information displayed in or through the Services is provided solely for general informational purposes. We make no guarantees as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability and responsibility arising from reliance by you or other visitors to the Services—or by anyone who may be informed of their content—on these materials.

EXCEPT AS EXPRESSLY STATED BY EBERLE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EBERLE; OUR PARTNERS; DIRECTORS; OFFICERS; EMPLOYEES; AFFILIATES; AGENTS; CONTRACTORS; SERVICE PROVIDERS; OR LICENSORS; OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Eberle, 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—payable to third parties arising out of (1) your breach of these Terms and Conditions or of the documents they reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; 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 Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, earlier versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not transfer, assign, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempted assignment is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms and Conditions and any separate agreements under which we provide you Services are governed by and construed in accordance with the federal and state or territorial courts of the country in which Eberle has its principal place of business. You and Eberle consent to the jurisdiction and personal venue of those courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

If you have questions about the Terms and Conditions, please contact shop@eberle-augsburg.de.

Our contact details are listed below:

Eberlestraße 28

D-86157 Augsburg

Phone: +49 (821) 52 12-0

Fax: +49 (821) 52 12-300

Email: shop@eberle-augsburg.de