SECTION 1 - SCOPE OF APPLICABILITY
1.1 - T3 Micro, Inc., 228 Main Street Suite 3, Venice, CA, 90291 (“our”, “us” or “we”) is manufacturing high-quality hair styling tools, like dryers, flat and curling irons or beauty showers (“Products”).
1.2 - So that European customers (”you”; together with us “Parties”) can also purchase our Products conveniently, we operate an online shop on our website www.t3micro.de (“Online Shop”) where you can find our Products (“Services”). However, we neither offer nor sell the Products offered in the Online Shop. Rather, you can use our Services to buy Products offered and sold in our Online Shop by a trader (“Trader”) directly to you. To be able to buy our Products from the Trader you can register for our Online Shop so that your order data is saved and you can order other Products later more quickly (“Registered User”). You can also order Products from the Trader without being a Registered User as guest user of the Online Shop.
SECTION 2- CONCLUSION OF CONTRACT/ REGISTRATION
2.1 - We are your contract partner when using our Services. In order to use our Services you have to register in our Online Shop. If you buy Products in our Online Shop, it is not us, but the Trader who becomes your contractual partner.
2.2 - You make a binding offer for the use of our Services by entering all required information during the registration process and clicking on the “Create an Account"-button ("Offer"). This Offer does not incur any costs for you. Until you click the ”Create an Account"-button, you can cancel the registration at any time or change the information provided by editing your information within the account dashboard or contacting us at firstname.lastname@example.org.
2.3 - The contract is concluded by sending a confirmation of receipt of your Offer to the e-mail address you provided to us as part of the registration process ("Conclusion of Contract") immediately after receipt of your offer. This order confirmation e-mail represents our acceptance of your Offer.
SECTION 3 - OUR SERVICE OBLIGATIONS; AVAILABILITY TO OUR ONLINE SHOP; UNAUTHORIZED USE
3.1 - Our Services Include:
3.1.1 - Providing the Online Shop’s possibilities of use after Conclusion of Contract, e.g. ability to store addresses or manage e-mail preferences.
3.1.2 - Providing information about the Products, delivery time and prices.
3.1.3 - Providing information after the conclusion of a sales contract with a Trader regarding the specific purchase and Product, e.g. shipment tracking, provision of complaint forms or reviewing the product, access to order status and order history, view of the withdrawal or return status of the Product, return or withdrawal history.
3.1.4 - Providing an opportunity for communication between you and the Trader.
3.1.5 - Possibility to post the Reviews (as described in Clause 7 hereunder).
3.2 The minimal technical requirements necessary to use the Services are: computer with Windows or OSX, mobile phone with IOS, Android or Windows, internet browser such as Explorer, Edge, Chrome, Safari, or Firefox.
3.3 - We are not obliged to provide our Services at all time. In particular, we are not obliged to make the Online Shop accessible at any time. However, we endeavor to maintain the operation of the Online Shop as trouble-free as possible and to further develop it in accordance with the Registered User’s needs.
3.4 - We may limit the use of our Online Shop temporarily at our reasonably exercised discretion if this is necessary with regard to security, integrity or capacity limits of the Online Shop or to carry out technical measures at the Online Shop, e.g. maintenance work. We take your legitimate interests into account in particular through prior information.
3.5 - As soon as we learn of an unauthorized use of your user account, we will block access by the unauthorized user. We reserve the right to change your login data, especially your password, in case of an unauthorized use; we will promptly inform you thereof.
SECTION 4 - REGISTERED USER'S OBLIGATIONS
4.1 - You are obliged to provide true and complete details in the Offer. You are obliged to notify us of any changes to these details promptly.
4.2 - The Registered User must keep its login data, especially its password, secret and protect them against unauthorized access by third parties. In the event of any suspicion of misuse of the login data by a third party, the Registered User must promptly notify us thereof.
4.3 - You may not send masses of messages with the same content via the online shop. Any spamming or similar harassing actions against Traders or third parties are prohibited.
4.4 - Posting of an illicit content at the site of the Online Shop or in Reviews is prohibited, in particular any offensive comments or content infringing intellectual property rights or any third party rights is prohibited.
SECTION 5 - SERVICES PROVIDED FREE OF CHARGE
The use of our Services is free of charge for you
SECTION 6 - REVIEWS
6.1 - We may enable you to leave product reviews for the Products in the Online Shop (“Review”). Reviews are intended to enable other users to get a meaningful picture of the Product. We do not pre-check the Review you submit before they are published.
6.2 - Reviews may only contain truthful information. Reviews must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations.
6.3 - Any use of the review system contrary to the foregoing paragraphs is prohibited. In particular, Registered Users are prohibited from including in Reviews circumstances unrelated to the performance of the underlying contract or from using Reviews for any purpose other than the evaluation of the Product.
6.4 - If you abuse the rating system, we are entitled to remove the rating. This applies particularly if:
a) we are legally obliged to remove the Review, e.g. due to a court ruling;
b) the Review contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements;
c) the Review contains personal data, e.g. name, address, telephone number and/or e-mail-address;
d) the Review contains inappropriate links or scripts, e.g. with harmful content;
e) the Review contains inappropriate advertising for third parties;
f) the Review contains irrelevant information not related to the product, e.g. customer service, shipping, or site usability issues.
6.5 - By posting the Review, you grant us a full, free of charge, non-exclusive, unlimited in time or territory, license to use the Review (in whole or in parts), with a right of sublicense. You agree that i.a. we will have a right to reproduce your Review and to make it public in any way, such as publishing, screening, broadcasting or posting on the Internet. You also authorise us to the disseminate the Review signed with your name or nickname as well as without it and to include the Review in other works, such as a website presenting our products.
7.1 - We may amend these conditions insofar as this is necessary to adapt to developments which were not foreseeable at the time of conclusion of the contract and which we have not caused or cannot influence and the non-consideration of which would not insignificantly disturb the balance of the contractual relationship and insofar as essential provisions of the contractual relationship are not affected by this. Essential provisions are those concerning the type and scope of the contractually agreed services and the term including the provisions on termination.
7.3 - We may change the contractually agreed Services if and to the extent that this is necessary for good reason not foreseeable at the time of Conclusion of Contract and this change does not shift the relationship between performance and counter-performance to the disadvantage of you, so that the change is reasonable for you. A good reason exists We shall notify the customer in text form of any changes to these terms and conditions or to the services at least eight weeks before they are scheduled to take effect, if new technical developments necessitate a change in performance, since we can no longer render the Services in the previous contractually agreed form or if new or amended statutory or other sovereign requirements require a change in performance.
7.5 - In the event of changes which are not exclusively in your favour, you are entitled to terminate the contract in text form (e.g. by letter or e-mail) without observing a period of notice at the time the changes take effect.
SECTION 8 - TERMS AND TERMINATION
8.2 - You may terminate this agreement at any time.
8.3 - We may terminate this agreement upon three months' notice to the end of any month.
8.4 - The Parties have the right to terminate this contract for good cause. Good cause for us includes in particular:
a) ongoing operational disruptions due to force majeure lying outside our control, such as natural catastrophes, fire or breakdown of networks through no fault of us.
b) significant breaches of the obligations under Clause Reviews
in the Review of the Products.
c) you breach your obligations under Clause Registered User's Obligations
repeatedly and despite previous warning.
8.5 - Text form (e.g. by e-mail or letter) is sufficient to declare the termination in due form. You may also terminate the agreement simply by deleting Your Account.
SECTION 9 - MISCELLANEOUS
9.1 - The contractual language is English.
9.2 - Should specific provisions of this contract wholly or partially violate mandatory law or be void or ineffective for other reasons, the remaining provisions remain unaffected.
9.3 - You have the right to lodge a complaint for the functioning of the Services. The complaint may be lodged in writing at the address set out in Clause 1 herein [or at the following e-mail address: email@example.com. The complaint should include your username, contact details (address or e-mail address at which we response to your complaint) and reasons of your complaint. We will provide you with our response on a durable medium within 30 days.
9.4 - The European Commission provides an online dispute resolution platform, which you can reach at https://ec.europa.eu/odr.
We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.
9.5 The contractual relations between the parties are governed by the law of Poland excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and do not reside in Poland, the contractual relationship is subject exclusively to the law of Poland excluding the CISG, unless mandatory provisions of the law of the country in which the consumer has his habitual residence provide otherwise.
Last updated: 28.11.2018