Terms of service

OVERVIEW

Welcome to Lulera - Kunstblumen & Bouquets! The terms “we,” “us,” and “our” refer to Lulera - Kunstblumen & Bouquets. Lulera - Kunstblumen & Bouquets operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Lulera - Kunstblumen & Bouquets is based on Shopify, which enables us to provide the Services to you.

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

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

By visiting, interacting with, or using our Services, you declare your agreement with these General Terms and Conditions and our Privacy Policy. Should you not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these General Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, and 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 warrant and represent that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide this information. You are solely responsible for the security of your account login credentials and for all activities that occur under 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 display our products and services in our online shops as accurately as possible. However, we note that colors or the appearance of the products may differ from the colors displayed on your screen due to the device you use to access the shop, as well as its settings and configuration. We do not warrant that the appearance or quality of the products or services purchased by you will meet your expectations or match 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 person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing your order, you are making an offer to purchase. Lulera - Kunstblumen & Bouquets reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not deemed accepted until confirmed by Lulera - Kunstblumen & Bouquets. Acceptance of your order is conditional upon the receipt and processing of your payment. Please check your order carefully before submitting it, as Lulera - Kunstblumen & Bouquets may no longer be able to consider cancellation requests after an order has been accepted. Should we 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 made. The return or exchange of your purchases is exclusively in accordance with our Right of Withdrawal. You warrant and represent that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import fees. Prices listed in our online shops may differ from prices in brick-and-mortar stores or in online shops or other shops operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and are governed by terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these General Terms and Conditions, the terms of the promotion will prevail. 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 warrant and represent that (i) the credit card information provided by you is truthful, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be covered 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 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 service providers, customs clearance, or events outside of our control. Once we have handed over the products to the shipping service provider, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, texts, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Lulera - Kunstblumen & Bouquets, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws. These General 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 of, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Unless expressly provided herein, no provision of these General Terms and Conditions grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Lulera - Kunstblumen & Bouquets, Shopify, or third parties, nor can such a grant be inferred from these provisions. 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 Lulera - Kunstblumen & Bouquets. The names, logos, product and service names, designs, and slogans of Lulera - Kunstblumen & Bouquets are trademarks of Lulera - Kunstblumen & Bouquets or its affiliates or licensors. You may not use these marks without the prior written permission of Lulera - Kunstblumen & Bouquets. 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 legal owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services that we neither monitor nor 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 any liability arising from or related to your use of optional third-party tools. Your 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. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these General 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 functionality). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, it is 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 practices 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

[NOTE TO MERCHANTS: This section accurately characterizes Shopify's relationship with your shop and should not be removed or altered]. Lulera - Kunstblumen & Bouquets is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are concluded directly with Lulera - Kunstblumen & Bouquets. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Lulera - Kunstblumen & Bouquets, including injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with Lulera - Kunstblumen & Bouquets.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here (Privacy Policy). In addition, 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 about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services will be disclosed to Shopify as well as to third-party providers who may be located in countries other than your country of residence in order to provide the Services to you. Our Privacy Policy provides further 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, 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 this Feedback in any medium for any purpose, including commercial use. We may, for example, exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under the General Terms and Conditions. You further warrant and represent that: (i) you own or have full necessary rights to all Feedback content; (ii) you have disclosed all compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these General Terms and Conditions. We are under no obligation to (1) treat your Feedback as confidential, (2) pay 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these General Terms and Conditions. You warrant that your Feedback does not violate any rights of third parties, including copyrights, trademark rights, privacy rights, publicity rights, or other personal or proprietary rights. You further warrant that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus 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 other than yourself, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third-party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the event of inaccurate information, we reserve the right to correct any 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 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, harm, defame, libel, disparage, intimidate, or discriminate against 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 any material which does not comply with these General Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lulera - Kunstblumen & Bouquets, Shopify, or users of the Services, or expose them to liability. Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will 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 spamming, 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 OF THE CONTRACTUAL RELATIONSHIP

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. In doing so, you will remain liable for all amounts due up to the date of termination. The following sections will survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTY

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY Lulera - Kunstblumen & Bouquets, 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 OF ANY KIND, EITHER EXPRESS OR IMPLIED, 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 ALLOW THE DISCLAIMER 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 CASE SHALL Lulera - Kunstblumen & Bouquets, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, 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 USING 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 PRODUCT) 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 Lulera - Kunstblumen & Bouquets, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party and arising out of (1) your breach of these General 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 any indemnifiable claim, provided that a failure to promptly notify you does not relieve you of your obligations, unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY

In the event that any provision of these General Terms and Conditions is determined 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 to be severed from these General Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER CLAUSE, ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. These General Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior 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 – ASSIGNMENT

You may not sublicense, assign, or transfer this agreement or your rights or obligations under these General Terms and Conditions without our prior written consent, and any attempt to do so is void and without effect. We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW

These General Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country where Lulera - Kunstblumen & Bouquets has its headquarters. You and Lulera - Kunstblumen & Bouquets consent to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these General Terms and Conditions.

SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS

You can review the most current version of the General Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions by posting updates and changes to 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 will 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 General Terms and Conditions constitutes acceptance of those changes.

 

SECTION 24 – CONTACT INFORMATION

Questions about the General Terms and Conditions should be sent to us at info@lulera.com. Our contact information is listed below: Lulera info@lulera.com Christian Sachs, Pöschenweg 3, 3150 Schwarzenburg +41774852375 CHE-246.533.532