Terms of Service

OVERVIEW

Welcome to Unerhørt! The terms “we,” “us,” and “our” refer to Unerhørt. Unerhørt operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Unerhørt is hosted on Shopify, which enables us to provide these Services.

The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights and cover topics 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 to these Terms or the Privacy Policy, you may not access or use our Services.

 

SECTION 1 – ACCESS & ACCOUNT

By agreeing to these Terms, you confirm that you are of legal age in the state or region of your residence and that you have given us your consent to allow your minor dependents to use the Services on devices you own, purchased, or manage.

To access and use the Services—including browsing our online stores or purchasing products or services—you may be required to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete and that you are fully authorized to provide it.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

 

SECTION 2 – OUR PRODUCTS

We make every effort to display our products and services as accurately as possible in our online stores. However, colors or appearances may vary depending on your device, settings, or screen configuration.

We do not guarantee that the appearance or quality of any product or service will meet your expectations or match the images shown in our online stores.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

 

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Unerhørt reserves the right, at its sole discretion, to accept or reject any order for any reason. Your order is not accepted until confirmed by Unerhørt. Acceptance of your order requires receipt and successful processing of your payment.

Please review your order carefully before submitting it, as Unerhørt may not be able to accommodate cancellation requests once an order has been accepted. If we reject, modify, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided at checkout.

Returns or exchanges of purchases are subject exclusively to our Widerrufsrecht [LINK].

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

 

SECTION 4 – PRICING & BILLING

Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time of your order and will be reflected in your order confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs duties, or import fees.

Prices listed in our online stores may differ from prices in physical stores or on third-party platforms. From time to time, we may offer promotions that affect pricing and are governed by terms separate from these Terms. In the event of a conflict, the promotional terms prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops and to promptly update your account, email address, credit-card details, and expiration dates so that we can process your transactions and contact you as needed.

You represent and warrant that (i) the credit-card information you supply is true, accurate, and complete, (ii) you are authorized to use the card for purchases, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay all charges at the listed prices, including applicable shipping, handling, and taxes.

 

SECTION 5 – SHIPPING & DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once products are handed over to the shipping carrier, ownership and risk of loss transfer to you.

 

SECTION 6 – INTELLECTUAL PROPERTY

Our Services—including but not limited to all trademarks, service marks, text, graphics, images, product reviews, video and audio files, and their design, selection, and arrangement—are owned by Unerhørt, its affiliates, or licensors and are protected by applicable intellectual-property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without prior written consent.

Unauthorized use may violate intellectual-property laws. All rights not expressly granted herein are reserved by Unerhørt.

Names, logos, product and service names, designs, and slogans of Unerhørt are trademarks of Unerhørt or its affiliates/licensors. You may not use them without prior written permission. Shopify’s names, logos, and trademarks belong to Shopify. All other marks are property of their respective owners.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide such tools “as is” and “as available” without warranties or endorsements of any kind. We assume no liability for your use of optional third-party tools.

Your use of these tools is entirely at your own risk and discretion, and it is your responsibility to review and agree to the terms under which such tools are provided by the relevant third party.

Future features or new tools offered through the Services will also be subject to these Terms.

 

SECTION 8 – THIRD-PARTY LINKS

Our Services may include materials or hyperlinks to third-party websites. We are not responsible for reviewing or evaluating the accuracy or content of such third-party materials or websites. Accessing them is at your own risk.

We are not liable for any damages or losses arising from your use of or reliance on third-party websites, products, or services. Please review the third party’s policies and practices before engaging in any transaction. Complaints or claims regarding third-party products or services should be directed to the respective provider.

 

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Unerhørt is hosted by Shopify, which enables us to provide the Services. However, all sales and purchases made through our shop are between you and Unerhørt directly. By using the Services, you acknowledge and agree that Shopify is not responsible for any part of your transactions with Unerhørt, including injuries, damages, or losses resulting from purchased products or services. You expressly release Shopify and its affiliates from any and all liability related to your purchases or transactions with Unerhørt.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Datenschutzerklärung [LINK]. Certain data may also fall under Shopify’s Privacy Policy, available on their website.

Because our Services are hosted by Shopify, Shopify collects and processes personal data relating to your use of the Services to operate and improve them. Information you submit may be shared with Shopify and third-party providers, which may be located outside your country of residence, as necessary to provide the Services.

For details on how we, Shopify, and our partners use your data, please review our Datenschutzerklärung [LINK].

 

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or other content (“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.

You represent and warrant that (i) you own or have rights to the Feedback, (ii) you have disclosed any incentives or compensation related to it, and (iii) it complies with these Terms.

We are not obligated to (1) keep Feedback confidential, (2) pay compensation, or (3) respond. We may monitor, edit, or remove content we deem unlawful, offensive, defamatory, or otherwise objectionable.

You agree that your Feedback does not infringe the rights of others and is free from malware or viruses. You may not impersonate another person or mislead us as to the origin of any Feedback. You are solely responsible for its accuracy.

 

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally, information on the Services may contain typographical errors or inaccuracies related to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors or update information at any time without prior notice, including after an order has been submitted.

 

SECTION 13 – PROHIBITED USES

 

You may use the Services only for lawful purposes. You agree not to use the Services:

(a) for unlawful or malicious purposes;

(b) to violate any laws or regulations;

(c) to infringe upon intellectual-property rights;

(d) to harass, abuse, insult, harm, defame, intimidate, or discriminate;

(e) to submit false or misleading information;

(f) to upload or transmit material inconsistent with these Terms;

(g) to send spam or unsolicited messages;

(h) to impersonate any person or entity; or

(i) to engage in conduct that restricts or harms other users or exposes Unerhørt or Shopify to liability.

You further agree not to:

(a) upload or transmit viruses or malicious code;

(b) reproduce, duplicate, copy, sell, or exploit any part of the Services;

(c) collect personal data of others;

(d) engage in spam, phishing, or scraping; or

(e) interfere with security features.

We reserve the right to suspend or terminate your account at any time without notice if we determine a violation has occurred.

 

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time, at our sole discretion, without prior notice. You remain responsible for all amounts due up to the termination date.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any others that by nature should survive termination.

 

SECTION 15 – DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes only. We make no guarantees as to its accuracy or completeness. Your reliance on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY Unerhørt, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow exclusions of implied warranties, so the above may not apply to you.

 

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Unerhørt, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND ALSO SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THEM.

 

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Unerhørt, Shopify, and their affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorney’s fees) arising from (1) your breach of these Terms, (2) your violation of any law or third-party right, or (3) your use of the Services.

We will notify you of any indemnifiable claims and may, at your expense, assume control of their defense. You agree to cooperate as reasonably requested.

 

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain valid and enforceable.

 

SECTION 19 – WAIVER & ENTIRE AGREEMENT

Our failure to enforce any right or provision shall not constitute a waiver.

These Terms, together with any policies posted on this website, constitute the entire agreement between you and us and supersede any prior agreements or understandings.

Any ambiguity in interpretation shall not be construed against the drafting party.

 

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or delegate these Terms without notice or consent.

 

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws and courts of the country in which Unerhørt is headquartered. You consent to the jurisdiction of those courts.

SECTION 22 – HEADINGS

Section headings are for convenience only and do not affect interpretation.

 

SECTION 23 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, modify, or replace any part of these Terms by posting changes on our website. It is your responsibility to check periodically for updates. We will notify you of any material changes as required by law. Continued use of the Services after changes constitutes your acceptance.

 

SECTION 24 – CONTACT INFORMATION

For questions about these Terms, please contact us at unerhoertmedia@gmx.de.

Unerhørt Media

unerhoertmedia@gmx.de

Hans-Böckler-Straße 20c, 83301 Traunreut

015123465470