Terms of service
Welcome to the online shop of Niko Moosmüller. The terms “we”, “us”, and “our” refer to Niko Moosmüller. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to offer these Services.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when using the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not access or use the Services.
VAT NOTICE (Small Business Regulation – §19 UStG)
According to §19 of the German Value Added Tax Act (UStG), no VAT is charged and invoices are issued without VAT.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any minor dependents to use the Services through devices you own or manage.
To use the Services, including accessing our store or purchasing products, you may be required to provide certain information such as your name, email address, billing details, and shipping information. You represent that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to present our products accurately. However, colors, textures, and appearance may vary depending on your device and screen settings.
We do not warrant that product appearance, quality, or performance will meet your expectations or precisely match the online representation.
All product descriptions, pricing, and availability may change at any time, without notice. We reserve the right to discontinue any product at any time and may limit quantities for any customer or region.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Niko Moosmüller reserves the right to accept or decline your order at our discretion. An order is considered accepted only once we confirm and process payment.
Please review your order before submitting. We may not be able to change or cancel orders once accepted. If we decline or modify an order, we will try to notify you using the contact details provided at checkout.
Your purchases are subject to our Refund Policy [LINK].
You represent that your purchases are for personal use only and not for resale.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price at checkout is the final price applicable to your order.
Unless explicitly stated otherwise, prices do not include shipping, handling, customs, or import charges.
Under §19 UStG, no VAT is charged or displayed on invoices.
You agree to provide complete and accurate billing and payment information and to update this information promptly.
SECTION 5 – SHIPPING AND DELIVERY
Shipping times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.
Once items are handed over to the carrier, risk of loss transfers to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content and materials within the Services—including text, images, graphics, logos, audio, video, and design—are owned by Niko Moosmüller, its affiliates, or licensors.
You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, or exploit any content without prior written consent.
All trademarks, names, and logos of Niko Moosmüller are protected. Unauthorized use is prohibited.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools operated by third parties. These are offered “as is” and without endorsement.
Your use of such tools is entirely at your own risk. You should review the terms of any third-party provider.
Future features added to the Services are also subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for their content, accuracy, or practices.
Accessing third-party websites is at your own risk. Review their policies before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Niko Moosmüller is powered by Shopify, which enables us to provide the Services. However, all purchases are made directly between you and Niko Moosmüller.
By using the Services, you acknowledge that Shopify is not responsible for any part of your transactions with us. You release Shopify from any claims arising from your purchases.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy.
Because our store is hosted by Shopify, your data may be transferred to, stored in, or processed in other countries to enable the Services.
SECTION 11 – FEEDBACK
By submitting feedback, ideas, or suggestions (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, modify, and publish such Feedback.
You represent that you have all rights to the Feedback and that it does not violate third-party rights.
We may remove or modify Feedback at our discretion.
SECTION 12 – ERRORS AND INACCURACIES
Occasionally, the Services may contain errors or inaccuracies. We reserve the right to correct or update information or cancel orders affected by such errors without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services:
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for unlawful purposes
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to violate laws or third-party rights
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to upload viruses or harmful code
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to harass, defame, or abuse others
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to collect personal data improperly
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to interfere with service functionality
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or for any purpose prohibited by law
We may suspend or terminate your access if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate your access at any time, with or without notice. All obligations incurred prior to termination remain enforceable.
Sections relating to intellectual property, feedback, disclaimer, limitation of liability, indemnification, governing law, and others will survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available,” without warranties of any kind.
We do not guarantee uninterrupted or error-free service.
Certain jurisdictions may not allow limitations on implied warranties; these limitations may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Niko Moosmüller shall not be liable for any damages arising from your use of the Services, including indirect, incidental, special, or consequential damages, even if advised of their possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Niko Moosmüller, Shopify, and associated parties from claims arising out of your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is deemed unlawful or unenforceable, the remaining provisions remain valid.
SECTION 19 – ENTIRE AGREEMENT
These Terms, along with any policies posted on the site, constitute the entire agreement between you and us.
SECTION 20 – ASSIGNMENT
You may not assign your rights under these Terms. We may assign or transfer our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Germany. You consent to the jurisdiction of the courts at the place where Niko Moosmüller is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update or change these Terms at any time. Your continued use of the Services constitutes acceptance of any changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Niko Moosmüller
Email: info.fotonimo@gmail.com
Business Address: c/o MDC Management #637
Welserstraße 3
87463 Dietmannsried
Deutschland
VAT Number: Not applicable – operating under §19 UStG (small business regulation)