TERMS AND CONDITIONS

OVERVIEW

This website is operated under the Altovaire™ brand. The terms “we”, “us” and “our” refer to the operator of Altovaire™. Altovaire™ provides you with this website, including all information, features, products and services available through it, subject to your acceptance of the following Terms and Conditions, policies and notices.

By visiting our website and/or purchasing something from us, you use our services and agree to be bound by these Terms and Conditions, hereinafter referred to as the “Terms”. This also includes any additional terms and policies referenced in these Terms or made available through relevant links. These Terms apply to all users of our website, including, without limitation, visitors, customers, merchants, vendors and persons who contribute content to the website.

Please read these Terms carefully before accessing or using our website. By accessing the website or using any part of it, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access the website or use any services offered through it.

If these Terms are considered an offer, acceptance is expressly limited to the terms contained herein. Any new features, products or tools added to our store in the future will also be subject to these Terms. You may review the most current version of these Terms at any time on this page.

We reserve the right to amend, supplement or replace parts of these Terms. Changes will be published on our website. For future orders, the version available at the time the order is placed will apply.

Our online store is operated using Shopify Inc. Shopify provides us with the technical e-commerce platform through which we can offer our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least 18 years old and have full legal capacity, or that you have the required consent of your legal representative.

If you allow minors to use this website, you confirm that you are authorised to do so and accept responsibility for their use of the website.

You must not use our products or services for any unlawful or unauthorised purpose. When using our website, you must not violate any laws applicable to you or the rights of third parties. This applies in particular to copyrights, trademarks and other intellectual property rights.

You must not transmit viruses, malware, worms or any other harmful program code.

A material breach of these Terms may result in the immediate suspension or termination of your access to our services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right, to the extent permitted by law, to refuse orders or access to our services.

You acknowledge that content submitted by you, excluding payment and credit card information, may in some circumstances be transferred unencrypted across various networks and may be adapted to the technical requirements of connecting networks or devices.

Payment and credit card information is encrypted during transmission across networks.

Without our prior express written consent, you may not reproduce, copy, sell, resell or commercially exploit any part of our website or services. This also applies to access to our services and to contact information provided through our website.

The headings used in these Terms are included solely for convenience and do not affect the interpretation of any provision.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information provided on this website is accurate, complete and up to date.

However, we do not warrant that all general information will at all times be complete, error-free or current.

The content of this website is primarily provided for general informational purposes.

Decisions should not be made solely on the basis of general website content where more current, complete or authoritative sources of information are available.

Your use of the information provided is at your own responsibility.

Our website may contain historical or older information. Such information is necessarily not current and is provided for informational purposes only.

We reserve the right to modify website content at any time. We are under no obligation to continually update all content except where required by law.

SECTION 4 – CHANGES TO OUR SERVICES AND PRICES

Prices for our products may change for future orders without prior notice.

Price changes will not affect contracts that have already been validly concluded.

We reserve the right to modify, temporarily suspend or discontinue our website or any particular features, products or services, either wholly or partially.

To the extent permitted by law, we will not be liable for changes, price changes, interruptions or discontinuation of individual website features or services.

Your statutory rights arising from contracts already concluded remain unaffected.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively through our online store.

Available quantities may be limited.

Returns and refunds are handled in accordance with our Return and Refund Policy and your applicable statutory rights.

We make reasonable efforts to display product images, colours and representations as accurately as possible.

However, depending on your screen, device and display settings, colours and details may differ slightly from the actual product.

To the extent permitted by law, we reserve the right to limit the sale of our products according to delivery area, availability or order quantity.

We may impose maximum quantities per person, household, customer account or order, particularly in relation to limited promotional offers.

Product descriptions, availability and prices may be changed at any time for future orders.

We also reserve the right to discontinue products.

Offers are valid only while available and where legally permitted at the applicable delivery location.

We do not guarantee that a product will meet every subjective expectation unless a particular characteristic has been expressly agreed or guaranteed.

Your statutory warranty, cancellation and consumer rights remain fully unaffected.

SECTION 6 – ACCURACY OF ORDER, BILLING AND ACCOUNT INFORMATION

We reserve the right, to the extent permitted by law, to refuse, restrict or cancel an order.

This may particularly apply to orders placed through the same customer account, payment method, billing address or delivery address.

If we amend or cancel an order, we will attempt to notify you using the email address, telephone number or billing address provided when the order was placed.

Any payments already made in respect of cancelled orders will be refunded in accordance with applicable law.

We reserve the right to restrict or refuse orders where we reasonably believe that the order has been placed by a dealer, reseller or distributor for the purpose of commercial resale.

You agree to provide current, complete and accurate information for every order.

Any changes to your contact information, email address or payment details must be updated in a timely manner so that we can process your order and contact you where necessary.

Further information can be found in our Return and Refund Policy.

To the extent permitted by law, you agree to indemnify Altovaire™, its operator, affiliates, partners, employees, representatives, service providers and suppliers against justified third-party claims where such claims arise from a breach of these Terms, applicable law or third-party rights caused by your fault.

The indemnity includes reasonable and necessary legal defence costs to the extent that such costs are recoverable under applicable law.

We may provide you with access to third-party features, software or tools over whose operation and content we do not have complete control.

Such tools are provided in the form in which they are available.

Unless expressly stated otherwise, we make no warranties or representations regarding their continued availability or suitability.

To the extent permitted by law, we accept no liability for damages arising exclusively from your use of optional third-party tools where such damages were not caused by us.

Your use of such tools is at your own discretion and responsibility.

Please review the applicable terms and privacy policies of the relevant third party before using its features.

We may offer additional features, tools or services through our website in the future. These will also be subject to the Terms applicable at that time.

SECTION 8 – THIRD-PARTY LINKS AND CONTENT

Certain content, products or services available through our website may be provided by third parties or contain third-party components.

Links on our website may direct you to external websites that are not operated or controlled by us.

We are not required to fully review all content on external websites.

We accept no responsibility for their content, accuracy, availability, privacy practices or security measures.

We will only be liable for damages resulting from the use of external websites or transactions entered into on those websites where we are responsible under applicable law.

Please carefully review the terms, return policies and privacy policies of the relevant third party before placing an order or carrying out any other transaction through an external website.

Complaints or questions relating to third-party products or services should be directed to the relevant third party.

SECTION 9 – COMMENTS, REVIEWS AND OTHER USER CONTENT

If, whether at our request or on your own initiative, you submit reviews, suggestions, ideas, images, text, feedback or other materials to us, collectively referred to as “Contributions”, you agree that, to the extent permitted by law, we may edit, reproduce, publish, distribute and translate such Contributions.

To the extent necessary for their use, you grant us a non-exclusive, royalty-free licence to use the Contributions you submit, without geographical or time limitation.

We are not required to:

1. treat Contributions as confidential unless an agreement or legal obligation requires us to do so;

2. pay compensation for Contributions; or

3. respond to every Contribution.

We may review, edit or remove content where we reasonably believe that it is unlawful, offensive, threatening, defamatory, discriminatory, obscene or otherwise unacceptable, or where it infringes third-party rights or these Terms.

You represent that your Contributions do not infringe the rights of third parties.

This includes, in particular, copyright, trademark rights, privacy rights, personality rights and other personal or commercial intellectual property rights.

Your Contributions must not contain unlawful, offensive, defamatory or obscene material, viruses or malware.

You must not use a false email address, impersonate another person, or mislead us or third parties as to the origin of a Contribution.

You are responsible for the content you publish and for its accuracy.

We are liable for Contributions made by other users or third parties only to the extent required by applicable law.

SECTION 10 – PERSONAL DATA

The processing and transmission of personal data through our online store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, our website or individual services may contain typographical errors, incomplete information or factual inaccuracies.

This may relate in particular to product descriptions, prices, promotions, offers, shipping charges, delivery times or product availability.

We reserve the right to correct such errors, inaccuracies or omissions and to change or update information.

To the extent permitted by law, we may cancel an order where material information relating to a product, price or offer was obviously incorrect.

In such circumstances, we will inform you and refund any payments already made.

We are not required to continuously update all information unless required by law.

An update date displayed on the website does not automatically mean that all content was changed or reviewed on that date.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions set out in these Terms, you are prohibited from using our website or its content:

a. for unlawful purposes;

b. to solicit or assist unlawful acts;

c. to violate applicable international, national or local laws and regulations;

d. to infringe our intellectual property rights or the rights of third parties;

e. to harass, threaten, insult, defame, intimidate or unlawfully discriminate against another person;

f. to transmit false or misleading information;

g. to upload or transmit viruses, malware or other harmful program code;

h. to unlawfully collect or track the personal data of other persons;

i. for spam, phishing, pharming, pretexting or automated spidering, crawling or scraping activities;

j. for obscene, immoral or unlawful purposes; or

k. to circumvent or interfere with security features of our website, other websites or the internet.

If you breach these restrictions, we reserve the right to suspend or terminate your access to our website or services.

SECTION 13 – WARRANTIES AND LIABILITY

We make reasonable efforts to provide our website and services reliably, securely and without errors.

However, we cannot guarantee that the website will always be available without interruptions, delays, security issues or technical errors.

Likewise, we do not guarantee that all results or information provided through use of the website will always be complete or error-free.

We may temporarily interrupt the website or individual features for maintenance, technical changes or other legitimate reasons.

Your statutory warranty rights relating to products purchased from us remain unaffected.

Our liability is unlimited:

• in cases of intent or gross negligence;

• for damages arising from injury to life, body or health;

• under applicable product liability legislation;

• in cases of fraudulent concealment of a defect; and

• to the extent of any guarantee expressly provided by us.

In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to foreseeable damage typical of the contract.

Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose performance you may normally rely.

In all other cases, our liability for slight negligence is excluded to the extent permitted by law.

These liability provisions apply correspondingly to our legal representatives, employees, affiliated companies, agents, contractual partners and persons engaged by us in performing our obligations.

SECTION 14 – INDEMNIFICATION AGAINST THIRD-PARTY CLAIMS

To the extent permitted by law, you agree to indemnify Altovaire™, its operator, affiliates, partners, employees, representatives, service providers and suppliers against justified third-party claims where such claims arise from a breach of these Terms, applicable law or third-party rights caused by your fault.

The indemnity includes reasonable and necessary legal defence costs to the extent that such costs are recoverable under applicable law.

SECTION 15 – SEVERABILITY

If any provision of these Terms is wholly or partially invalid, incapable of performance or unenforceable, the validity of the remaining provisions will not be affected.

The applicable statutory provisions will apply in place of any invalid or unenforceable provision.

SECTION 16 – TERMINATION OF USE

Rights and obligations arising before the termination of a contract or your use of our website will continue after termination to the extent appropriate to their purpose or required by law.

These Terms remain in effect until terminated by you or us or replaced by a new version.

You may stop using our website at any time.

If you materially breach these Terms, or if reasonable circumstances give us grounds to believe that such a breach has occurred, we may suspend or terminate your access to the extent permitted by law.

Any payment obligations arising from contracts already concluded remain unaffected.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or immediately enforce any right or provision of these Terms does not constitute a waiver of that right.

These Terms, together with the policies and conditions published on our website, form the basis governing the use of our website and services.

They replace previous agreements or representations concerning the same contractual subject matter unless expressly agreed otherwise.

Individual agreements between you and us take precedence over these Terms.

Applicable statutory rules of interpretation remain unaffected.

SECTION 18 – GOVERNING LAW

These Terms and contracts concluded between you and us are governed by the laws of Germany.

If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection of mandatory statutory provisions that would apply under the law of the country in which you habitually reside.

Your mandatory statutory consumer rights remain unaffected.

SECTION 19 – CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We reserve the right to update, amend or partially replace these Terms by publishing a new version on our website.

As a general rule, an order will be governed by the version of the Terms that was available at the time the order was placed.

Changes will apply to existing contractual relationships only where permitted by law or where validly agreed with you.

SECTION 20 – CONTACT INFORMATION

Questions regarding these Terms and Conditions may be sent to:

Email: info@altovaire.com