- Scope of Application, Definitions
(1) For the business relationship between the Provider and the Customer, the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
- Conclusion of Contract
(1) The Customer can select products from the Provider's range and collect them in a so-called shopping cart via the button "add to shopping cart". Via the button "order subject to payment", he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer 's order has been received by the Provider and does not constitute acceptance of the application. The contract is not concluded until the Provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC revocation instruction and order confirmation) will be sent to the Customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.
(3) The contract shall be concluded in German or English.
- Delivery, Availability of Goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, prior payment of the purchase price provided (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 14 days.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The Provider shall only deliver to Customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Denmark, France, Netherlands, United Kingdom, Spain (respectively excluding overseas territories).
- Retention of Title
Until full payment, the delivered goods remain the property of the provider.
- Prices and Shipping Costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the Customer in the order form (the standard shipping fee is 79 EUR including VAT, if indicated) and are to be borne by the Customer, unless the Customer exercises his right of withdrawal.
(3) The goods are shipped by mail. The shipping risk is borne by the Provider if the Customer is a consumer.
(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.
- Payment Modalities
(1) The customer can make the payment by bank transfer, shoppay, Paypal and GPay (and, if applicable, other payment options offered).
(2) The Customer can change the payment method stored in his user account at any time.
(3) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The Customer's obligation to pay interest on arrears shall not preclude the Provider from asserting further damages for default.
- Warranty for Material Defects, Guarantee
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional warranty exists for the goods delivered by the supplier only if this was expressly given in the offer and in the order confirmation for the respective item.
- Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the Provider informs below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (Hypaths GmbH, c/o Excellent Business Center, Europaplatz 2, 10557 Berlin, Germany (telephone number: +49-17684534466, e-mail: contact@lemmofuture.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you can use the attached model withdrawal form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
(3) The Provider informs about the model withdrawal form according to the legal regulation as follows:
Sample cancellation form (If you want to revoke the contract, please fill out this form and send it back). To Hypaths GmbH, c/o Excellent Business Center, Europaplatz 2, 10557 Berlin, Germany (telephone number: +49-17684534466, e-mail: contact@lemmofuture.com): - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
- Date (*) Delete where not applicable
|
-
Final Provisions
(1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
OS-Platform
The European Commission's online dispute resolution platform can be accessed at this link: https://www.ec.europa.eu/consumers/odr. However, the provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
This Privacy Policy describes how lemmofuture.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.
Contact
After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at contact@lemmofuture.com or by mail using the details provided below:
Hypaths GmbH
c/o Excellent Business Center, Europaplatz 2, 10557 Berlin, Germany
Collecting Personal Information
When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
-
Device information
- Purpose of collection:to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
- Source of collection:Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
- Disclosure for a business purpose:shared with our processor Shopify.
- Personal Information collected:version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
-
Order information
- Purpose of collection:to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- Source of collection:collected from you.
- Personal Information collected:name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
-
Customer support information
- Purpose of collection:
- Source of collection:
- Disclosure for a business purpose:
- Personal Information collected:
- Purpose of collection:to provide customer support.
- Source of collection:collected from you
- Disclosure for a business purpose:
- Personal Information collected:
Minors
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Behavioural Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
- We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
- We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
- We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED. COMMON LINKS INCLUDE:
- FACEBOOK - https://www.facebook.com/settings/?tab=ads
- GOOGLE - https://www.google.com/settings/ads/anonymous
- BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.
Using Personal Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Lawful basis
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
- Your consent;
- The performance of the contract between you and the Site;
- Compliance with our legal obligations;
- To protect your vital interests;
- To perform a task carried out in the public interest;
- For our legitimate interests, which do not override your fundamental rights and freedoms.
Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
Automatic decision-making
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
- Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
- Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.
Selling Personal Information
Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).
GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
Cookies Necessary for the Functioning of the Store
Name |
Function |
Duration |
_ab |
Used in connection with access to admin. |
2y |
_secure_session_id |
Used in connection with navigation through a storefront. |
24h |
_shopify_country |
Used in connection with checkout. |
session |
_shopify_m |
Used for managing customer privacy settings. |
1y |
_shopify_tm |
Used for managing customer privacy settings. |
30min |
_shopify_tw |
Used for managing customer privacy settings. |
2w |
_storefront_u |
Used to facilitate updating customer account information. |
1min |
_tracking_consent |
Tracking preferences. |
1y |
c |
Used in connection with checkout. |
1y |
cart |
Used in connection with shopping cart. |
2w |
cart_currency |
Used in connection with shopping cart. |
2w |
cart_sig |
Used in connection with checkout. |
2w |
cart_ts |
Used in connection with checkout. |
2w |
cart_ver |
Used in connection with shopping cart. |
2w |
checkout |
Used in connection with checkout. |
4w |
checkout_token |
Used in connection with checkout. |
1y |
dynamic_checkout_shown_on_cart |
Used in connection with checkout. |
30min |
hide_shopify_pay_for_checkout |
Used in connection with checkout. |
session |
keep_alive |
Used in connection with buyer localization. |
2w |
master_device_id |
Used in connection with merchant login. |
2y |
previous_step |
Used in connection with checkout. |
1y |
remember_me |
Used in connection with checkout. |
1y |
secure_customer_sig |
Used in connection with customer login. |
20y |
shopify_pay |
Used in connection with checkout. |
1y |
shopify_pay_redirect |
Used in connection with checkout. |
30 minutes, 3w or 1y depending on value |
storefront_digest |
Used in connection with customer login. |
2y |
tracked_start_checkout |
Used in connection with checkout. |
1y |
checkout_one_experiment |
Used in connection with checkout. |
session |
Reporting and Analytics
Name |
Function |
Duration |
_landing_page |
Track landing pages. |
2w |
_orig_referrer |
Track landing pages. |
2w |
_s |
Shopify analytics. |
30min |
_shopify_d |
Shopify analytics. |
session |
_shopify_s |
Shopify analytics. |
30min |
_shopify_sa_p |
Shopify analytics relating to marketing & referrals. |
30min |
_shopify_sa_t |
Shopify analytics relating to marketing & referrals. |
30min |
_shopify_y |
Shopify analytics. |
1y |
_y |
Shopify analytics. |
1y |
_shopify_evids |
Shopify analytics. |
session |
_shopify_ga |
Shopify and Google Analytics. |
session |
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Changes
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Complaints
As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here:
Hypaths GmbH
c/o Excellent Business Center, Europaplatz 2, 10557 Berlin, Germany
E-mail: contact@lemmofuture.com
INTRODUCTION
[LEMMO] ("we” or "us” or "our”) may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website [lemmofuture.com], including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Site”) to help customize the Site and improve your experience.
We reserve the right to make changes to this Cookie Policy at any time and for any reason. We will alert you about any changes by updating the "Last Updated” date of this Cookie Policy. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.
USE OF COOKIES
A "cookie” is a string of information which assigns you a unique identifier that we store on your computer. Your browser then provides that unique identifier to use each time you submit a query to the Site. We use cookies on the Site to, among other things, keep track of services you have used, record registration information, record your user preferences, keep you logged into the Site, facilitate purchase procedures, and track the pages you visit. Cookies help us understand how the Site is being used and improve your user experience.
TYPES OF COOKIES
The following types of cookies may be used when you visit the Site:
Advertising Cookies
Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.
Analytics Cookies
Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
Our Cookies
Our cookies are "first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Site won't work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser, but may affect the functionality of the Site.
Personalization Cookies
Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.
Security Cookies
Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
Site Management Cookies
Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
Third-Party Cookies
Third-party cookies may be place on your computer when you visit the Site by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.
CONTROL OF COOKIES
Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site.
OTHER TRACKING TECHNOLOGIES
In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A "web beacon” or "pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
PRIVACY POLICY
For more information about how we use information collected by cookies and other tracking technologies, please refer to our Privacy Policy [CLICK HERE]/posted on the Site. This Cookie Policy is part of and is incorporated into our Privacy Policy. By using the Site, you agree to be bound by this Cookie Policy and our Privacy Policy.
CONTACT US
If you have questions or comments about this Cookie Policy, please contact us at: contact@lemmofuture.com
Terms and Conditions
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Privacy Policy
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