General terms and conditions of business

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

The following terms and conditions, together with the guidelines mentioned herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these terms and conditions carefully, as they contain important information about your legal rights and address topics such as warranty exclusions 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 where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the services, including accessing or navigating our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. 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 this information.
You alone are responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to present our products and services as accurately as possible in our online shops. However, please note that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions are subject to change 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 individual, in any geographic region, or within any jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing an order, you are submitting a purchase offer. Schulz Orthopädie reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted after confirmation by Schulz Orthopädie. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Schulz Orthopädie may not be able to accommodate cancellation requests after an order has been accepted. Should we not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or telephone number provided during the ordering process.
Returns or exchanges of your purchases are only possible in accordance with our right of withdrawal.
You represent and warrant that your purchases are for your personal use or use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service is the price valid at the time of ordering and is stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs duties, or import fees.
The prices listed in our online shops may differ from prices in physical stores, online shops, or other shops operated by third parties. We may offer promotional offers for our services from time to time, which may affect pricing and are subject to different terms and conditions than these. In the event of any discrepancy between the terms of a promotion and these terms and conditions, 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 and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you have provided is true, correct and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the costs incurred by you will be covered by your credit card company, and (iv) you will pay the costs incurred by you at the stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand the products over to the shipping carrier, ownership and the risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our services, including but not limited to all trademarks, logos, texts, representations, images, graphics, product reviews, video and audio files, as well as their design, selection and arrangement, are the property of Schulz Orthopädie, 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 solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you, nor may any such grant be inferred from these provisions, any license or other rights to any patents, trademarks, copyrights, or other intellectual property of Schulz Orthopädie, Shopify, or any third party. 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 Schulz Orthopädie.
The names, logos, product and service names, designs, and slogans of Schulz Orthopädie are trademarks of Schulz Orthopädie or its affiliates or licensors. You may not use these trademarks without the prior written consent of Schulz Orthopädie. 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 gain access to customer tools offered by third parties as part of their services, which we cannot monitor, control, or 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 related to the use of optional third-party tools.
The use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any 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 at your sole 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 arising from your access to third-party websites or from 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 that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Schulz Orthopädie is powered by Shopify, which enables us to provide you with these services. However, all sales and purchases you make in our store are made directly with Schulz Orthopädie. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of the business transactions between you and Schulz Orthopädie, including injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with Schulz Orthopädie.

SECTION 10 – DATA PROTECTION DECLARATION
All personal data we collect through the Services is subject to our Privacy Policy. Additionally, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here . By using the Services, you acknowledge 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 them. Data you submit to the services is shared with Shopify and third-party service providers, who may be located in countries other than your country of residence, to provide the services to you. See our Privacy Policy for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
By submitting, uploading, posting, emailing, or otherwise transmitting ideas, suggestions, feedback, ratings, proposals, plans, or other content (collectively referred to as "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 use 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 the Terms and Conditions.
You also represent and warrant that: (i) you own all feedback content or have full and complete rights to it; (ii) you have disclosed all compensation or incentives you have received in connection with submitting your feedback; and (iii) your feedback complies with these Terms and Conditions. We are under no obligation (1) to treat your feedback confidentially, (2) to pay any compensation for your feedback, or (3) to 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 to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon any party's intellectual property rights or these Terms and Conditions.
You warrant that your feedback does not infringe any third-party rights, including copyrights, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further warrant that your feedback does not contain defamatory or otherwise unlawful, abusive, or obscene statements 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, impersonate another person, or otherwise mislead us or any third party regarding the origin of the 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
Occasionally, information on or within the services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the event of inaccuracies, we reserve the right to correct errors, inaccuracies, or omissions, change or update information, or cancel orders at any time without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (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 others; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to send or cause to be sent any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or other similar solicitations; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to engage in any other conduct which restricts or impedes the use of the Services or which, in our sole discretion, may harm or expose Schulz Orthopädie, Shopify or the users of the Services to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way impair 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 information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities; 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, deactivate, or close your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the services (or parts thereof) at any time at our sole discretion without prior notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall continue to exist even after termination of the contractual relationship: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability Clause, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.

SECTION 15 – WARRANTY DISCLAIMER
The information presented in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your or any other visitor's reliance on the Services or any person who becomes aware of their content.
Unless expressly stated otherwise by Schulz Orthopädie, 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 all 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 PERMIT THE DISCLAIMER OF LIABILITY FOR IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Schulz Orthopädie, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR 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, RECOVERY COSTS, OR SIMILAR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT, OR (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS ARISING IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – COMPENSATION
You agree to indemnify, defend, and hold harmless Schulz Orthopädie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by 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 all recoverable claims, provided that failure to notify us promptly will not release you from your obligations unless you are thereby substantially disadvantaged. We may manage the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE
Should any provision of these Terms and Conditions be found to be unlawful, void, or unenforceable, such provision shall nevertheless remain in full force and effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall remain unaffected by such finding.

SECTION 19 – WAIVER CLAUSE, 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 relation to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these terms and conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or otherwise dispose of this agreement or your rights or obligations under these terms and conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these terms and conditions and our rights and obligations without your consent or notice.

SECTION 21 – APPLICABLE LAW
These Terms and Conditions and any separate agreements under which we provide services to you are subject to and shall be construed in accordance with the jurisdiction of the federal, state, or territorial courts of the country in which Schulz Orthopädie has its principal place of business. You and Schulz Orthopädie agree to the jurisdiction and personal jurisdiction of such courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these terms and conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can view the current version of the General Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace parts of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms and Conditions in accordance with applicable law. Such changes will take effect on the date specified in the notification. By continuing to use or access the Services after the posting of changes to these Terms and Conditions, you agree to those changes.

SECTION 24 – CONTACT INFORMATION
For questions regarding the terms and conditions, please contact support@schulz-orthopaedie.de.