AGB

OVERVIEW

Welcome to Fulmarix! The terms “we,” “us,” and “our” refer to Fulmarix. Fulmarix operates this store 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”). Fulmarix is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set forth below, 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 of Service carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranties and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, 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 your minor dependents to use the Services on devices that you own, have 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, as well as billing, payment, and shipping information. You represent and warrant that all information you provide in our stores 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 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 in our online stores as accurately as possible. However, please note that the colors or appearance of the products may differ from those displayed on your screen depending on the device you use to access the store, 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 match the depictions in our online stores.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit, on a case-by-case basis, the quantities of products we offer to any individual, geographic region, or jurisdiction.

Section 3 – ORDERS

By placing an order, you are making an offer to purchase. Fulmarix reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not considered accepted until confirmed by Fulmarix. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Fulmarix may not be able to accommodate cancellation requests after 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 of ordering.

Returns or exchanges of your purchases are permitted exclusively in accordance with our Returns and Refund 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 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 of the order and is specified in the order confirmation you receive via email. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs, or import fees.

The prices listed in our online stores may differ from prices in brick-and-mortar stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions for our services that may affect pricing and are subject to terms and conditions other than these Terms and Conditions. In the event of any conflict 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 as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be honored 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 carriers, customs clearance, or events beyond our control. Once we have handed over the products to the shipping carrier, title and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

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

These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services without our prior written consent. Unless expressly provided herein, no provision of these Terms of Service grants you any license or other rights to any patents, trademarks, copyrights, or other intellectual property of Fulmarix, Shopify, or third parties, nor may such a grant be implied 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 Fulmarix.

The names, logos, product and service names, designs, and slogans of Fulmarix are trademarks of Fulmarix or its affiliates or licensors. You may not use these trademarks without Fulmarix’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans 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 third-party tools offered as part of the Services, which we do not 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 any liability arising out of or in connection with the use of optional third-party tools.

Your use of the optional tools offered through the website is solely at your own risk and discretion. You are responsible for reviewing 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 shall also be considered part of the Services and are subject to these Terms of Service.

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 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 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 provider’s policies and procedures and ensure that you understand them before completing any transaction.

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

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This section accurately describes Shopify’s relationship with your store and should not be removed or modified].

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

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. In addition, certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read both privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Data you submit to the Services may be shared with Shopify and with carefully selected third parties to the extent necessary to provide the Services. For more information on how we, Shopify, and our partners process 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 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, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own all Feedback content or have full rights to it; (ii) you have disclosed any compensation or incentives you received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms of Service. We are not obligated 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 any feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon any party’s intellectual property rights or violates these Terms and Conditions.

You represent and warrant that your feedback does not infringe upon the rights of any third party, including copyrights, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could interfere with the operation of the Services or any associated website in any way. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties 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 that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times, and availability. In the event of inaccuracies, we reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time and without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only 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 or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or cause harm to 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 material that does not comply with these Terms and Conditions; (g) to transmit or cause the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar promotional activities; (h) to impersonate or attempt to impersonate another individual or entity; or (i) to engage in any other conduct that restricts or impedes the use of the Services or that, in our sole discretion, could harm Fulmarix, Shopify, or the users of the Services, or expose them to liability.

In addition, 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 part of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) compromising or circumventing the security features of the Services or any associated website, other websites, or the Internet. 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 of Service.

SECTION 14 – TERMINATION OF THE AGREEMENT

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

The following sections shall survive the termination of this Agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that, by their nature, are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

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 any liability or responsibility arising from your reliance on these materials, or the reliance of other visitors to the Services or any other persons made aware of their content.

UNLESS EXPRESSLY STATED BY Fulmarix, 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, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, Fulmarix, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR INJURIES, LOSSES, claims, 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, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A 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 FROM CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES (OR PRODUCTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fulmarix, 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 and arising out of (1) your breach of these Terms and Conditions or the documents to which they refer, (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 claims for which you are liable to indemnify us, provided that a failure to provide prompt notice does not relieve you of your obligations, unless such failure would cause you significant prejudice. We may direct the defense and settlement of such a claim at your expense, including the selection of legal counsel; however, we will not settle any claim that requires you to assume non-monetary obligations without your consent (which may not be unreasonably withheld). You will cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless remain in 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 not be affected by such a determination.

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 of Service and 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 Services. 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 of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

ECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate 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 assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW

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

SECTION 22 – HEADINGS

The headings used in this Agreement are for convenience only and have no legal effect on these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You can view the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace parts of these Terms of Service 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. By continuing to use or access the Services after changes to these Terms and Conditions are posted, you agree to those changes.

SECTION 24 – CONTACT INFORMATION

If you have any questions about the Terms and Conditions, please contact office@fulmarix.at.

Our contact information is listed below:

Fulmarix

Headquarters

Meistergasse 4/1/35

1210 Vienna

Austria

Boutique

Mondscheingasse 4

1070 Vienna

Austria