General Terms and Conditions
1.Scope
1-1. The General Terms and Conditions set below shall apply to all orders that we, Hypaths GmbH, Europaplatz 2 Excellent Business Center, 10557 Berlin, Germany (Supplier), VAT-number:DE355561960, accept and execute through our web shop or in one of our retail shops.
1-2. These General Terms and Conditions shall apply exclusively. Any of your terms and conditions as customer shall not apply.
2.Conclusion of Agreement
2-1. An agreement can be concluded at one of our local retail shops.
2-2. If you order products via our online shop, the following applies. All product offers listed there are without obligation and non-binding. If you have made your choice, placed the selected products into the product basket, have ticked the box “Accept Terms and Conditions” and have sent away your order by clicking the button “Pay now” then you have placed a legally binding offer for a sale and purchase agreement. Prior to sending, you may always remove or add products to your product basket. The agreement shall be only be concluded if we accept your order in accordance with section 2.3. Upon receipt of your order, we will send you an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that your order has been duly received and which products you have ordered.
2-3. Your order shall be deemed accepted and thus the agreement concluded if we, after receipt of your order, send you an order confirmation by e-mail or otherwise, which expressly confirms the order in text form. The issuance of the delivery slip or of the invoice or the delivery shall also constitute acceptance of your order.
3.Your Personal Information
3-1. Through sending your order and your registration via our online shop you assure that all information provided therein, particularly name, email address and account information is accurate. Please notify us immediately of any changes.
4.Prices
4-1. Prior to the conclusion of the binding agreement, we have the right to adjust the prices for the products at any time.
4-2. All prices indicated are inclusive VAT and in Euro.
4-3. Any additional costs such as shipping costs for shipments abroad (see also section 9.1), any customers duties, foreign VAT or other handling costs are not included in the price.
5.Payment
5-1. You may pay orders placed through our web shop via Shopify payments.
5-2.Payment of the purchase price is due immediately upon conclusion of the agreement.
5-3.We reserve the right to ship the products only after having received a prepayment.
5-4.In case of your default in payment, we may charge default interest of 5 % above the base rate (§ 247 German Civil Code). We have the right to prove that a higher loss has been caused.
6.Pre-Order
6-1. For purchasing products, which we declare to be sold by pre-order, you shall deposit indicated amount in advance with us. This applies for purchases both in one of our retail shops or through our web shop. Payment conditions in sec. 5.1 apply.
6-2 .After you paid the deposit, we will begin with the organization and shipment preparations. After confirmation of acceptance of the pre-order and before delivery, we will send you a request via e-mail for full payment of the purchase price. Until this time, you may withdraw the agreement at any time without giving reasons. In this case, we will refund you the deposit in full. If you pay the full purchase price upon request, you will receive the delivery confirmation after receipt of payment. From this time on a refund of the deposit is not possible.
7.Right to Revocation/Briefing on the Right to Revocation
7-1. Right to Revocation
7-1-1. Only if you ordered a product through our web shop, you have the right of revocation of this Agreement within fourteen days (14) without giving reasons according to sec. 312g German Code Civil (BGB).
7-1-2. The revocation term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product.
7-1-3. To exercise your right of revocation you must inform us [Hypaths GmbH, Europaplatz 2 Excellent Business Center, 10557 Berlin, Germany; e-mail: [contact@lemofuture.com] ] through explicit notice (e.g. letter sent by ordinary mail, fax-letter, or Email) about your decision to revoke this Agreement. You may use the revocation form in Sec. 16 below.
7-1-4. To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline.
7-2. Effects of Revocation
7-2-1. If you revoke this Agreement, we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will charge any fees for the refund. We may refuse the refund until we have received the product back or have you have proved that you have returned the product, whichever is the earlier.
7-2-2. You must immediately, in any case no later than fourteen days after the date at which you have notified us on your revocation of this Agreement, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.
7-2-3. You have to bear the direct costs of the return of the goods.
7-2-4. You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.
This is the end of the briefing on your revocation right.
8.Retention of Title
8-1. We shall retain ownership title for the shipped products until we have received the payment in full.
9.Delivery and costs of delivery
9-1. In addition, we will charge the shipping costs (delivery fee). The delivery fee depends on the country of delivery and will be shown in our web shop.
9-2. Partial deliveries are permitted. However, no additional shipping costs shall be charged.
10.Transfer of risk
10-1. The risk of the accidental loss of the products shall transfer to you upon the handover of the products to the transport person for delivery.
11.Inspection of Products, Warranty and Guarantee
11-1. If any products should have evident defects or manufacturing faults including any damages caused by transport, please immediately notify these faults to us or to the individual delivering the product on behalf of the delivery company. Failure to raise such objection is, however, of no adverse effect to your rights.
11-2. We are liable for defects in accordance with the applicable statutory provisions, in particular Sec. 434 ff. of the German Civil Code (“BGB”). In this case, you have a legal right, at your selection, to subsequent performance, curing of fault/new delivery and – if the requisite legal requirements are met – further rights to abatement or rescission of contract and also to compensation of losses including the right to demand compensation in lieu of completion and refund of useless expense.
11-3. The limitation period for statutory claims for defects is two years and begins with the delivery of the Goods.
11-4. An additional guarantee only exists if this was expressly stated in the order confirmation for the respective item.
12.Liability
12-1. We are not liable for your damages with the following qualification:
12-2. We are liable for an intentional or grossly negligent breach of duty. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called “cardinal obligations”).
12-3. If we shall be liable for simple negligence according to sec. 11.2 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement.
12-4.The above liability limitations do not apply if we have issued a guarantee for the characteristics of a product or fraudulently concealed the defect or if we and you reached an agreement on the quality of the Goods or for damages that are to be compensated pursuant to the German Product Liability Act or for losses/damages regarding life, physical integrity or health.
12-5.The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of the agreement.
13.Data Protection
13-1. We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. You can always obtain information on your personal data that we have stored. You consent that communication regarding the agreement may be done electronically.
13-2. All data processing procedures (e.g. collection, processing, and transfer) are carried out by us in accordance with applicable laws. Customers data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by us for marketing purposes only. We further assure that your address data will not be disseminated to third parties for marketing purposes.
13-3. Notice: You may always object to the use, the processing and transfer of your personal data for marketing purpose through informal notice sent by regular mail to [Hypaths GmbH, Europaplatz 2 Excellent Business Center, 10557 Berlin, Germany or Email to [[contact@lemofuture.com] ]. This shall certainly not apply to data necessary for processing your order. Upon receipt of your objection we will no longer use, process, and transfer the relevant data for any purpose other than the processing your order and will cease to send to you catalogues and other marketing material.
14.Set-off and retention right
14-1. You are only entitled to off-set against our claims or exercise a right of retention if your counterclaims have been legally established or are undisputed. You are entitled to off-set and to execute a right of retention against our claims if your assert notices of defects or counterclaims from the same purchase contract.
15.Applicable law and place of jurisdiction
15-1. All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by the laws of the Federal Republic of Germany, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.
15-2. For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be our registered office.
16.Model Revocation Form
If you want to revoke the contract, please fill out this form and send it back.
At:
Hypaths GmbH
Europaplatz 2 Excellent Business Center
10557 Berlin
Germany
Email: [contact@lemofuture.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 if the written form is used)
- Date
___________
(*) Delete where inapplicable.
This Privacy Policy describes how lemofuture.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@lemofuture.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@lemofuture.com
INTRODUCTION
[LEMO] (“we” or “us” or “our”) may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website [lemofuture.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@lemofuture.com
Terms and Conditions
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Terms and Conditions
Privacy Policy
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