Terms & Conditions
Overview
This website is operated by Nyfolk. Throughout the website, the terms “we”, “us” and “our” refer to Nyfolk. Nyfolk provides you with this website, including all information, tools and services, subject to your acceptance of all the terms, conditions, policies and notices stated here.
By visiting our website and/or making a purchase, you use our “Service” and agree to be bound by the following general terms and conditions (“Terms and Conditions”, “Terms”), including additional terms and policies referenced herein and/or available via a link. These Terms apply to all users of the website, including, but not limited to, browsers, vendors, customers, merchants and/or content providers.
Please read these Terms and Conditions carefully before using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, you may not use the services provided. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these terms.
All new features or tools added to the current shop will also be subject to these Terms and Conditions. You can view the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions at any time by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to offer our products and services to you.
Article 1 – Online Shop Conditions
Minimum Age
By accepting these Terms and Conditions, you confirm that you are of legal age in your country of residence. If you are of legal age, you may also allow minors under your responsibility to use this website.
Prohibited Use
You may not use our products or services for any illegal or unauthorised purpose. You must also not violate any applicable laws when using the website, particularly copyright laws.
Malicious Code
It is strictly prohibited to distribute worms, viruses or malicious code through our website or services.
Consequences of Violations
Any violation of these terms will result in the immediate termination of our services. We also reserve the right to report violations to the relevant authorities.
Article 2 – General Conditions
Right to Refuse Service
We reserve the right to refuse service to anyone at any time and for any reason.
Transmission and Security of Content
You understand and agree that your content (excluding credit card information):
a. May be transmitted unencrypted across various networks.
b. May be modified to comply with the technical requirements of networks or devices.
Credit card information, however, is always encrypted during transmission in order to protect your data.
Prohibition of Unauthorised Use
You may not reproduce, copy, resell or otherwise commercially exploit any part of the Service, its use or access to the website without our express written permission.
Headings and Structure
Headings are provided for convenience only and do not affect the interpretation of these Terms.
Article 3 – Accuracy, Completeness and Timeliness of Information
Disclaimer
We are not responsible if the information provided on this website is inaccurate, incomplete or not current. The content is provided for general information only and should not be relied upon as the sole basis for making decisions.
Historical Information
This website may contain historical information that may no longer be current. Such information is provided for reference purposes only.
Right to Make Changes
We reserve the right to change the content of the website at any time. It is your responsibility to monitor changes.
Customer Reviews
We collect genuine customer reviews to improve quality; however, not all reviews may be displayed.
Article 4 – Changes to Services and Prices
Price Changes
The prices of our products may be changed at any time without prior notice.
Changes and Discontinuation of Services
We reserve the right to modify or discontinue the Service (or any part thereof) at any time and without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
Article 5 – Delivery
Delivery Area
We currently deliver to all locations within Germany.
Shipping Costs and Delivery Times
Please refer to our Shipping Policy for detailed information regarding shipping costs and estimated delivery times.
Article 6 – Import Duties and Value Added Tax (VAT)
Definition
“Import duties” means customs duties, taxes, fees or other charges imposed by the customs authorities of the destination country when goods are imported. “VAT” means value added tax or a comparable consumption tax in the destination country.
Responsibility
The customer is fully responsible at all times for paying all import duties, VAT and other charges applicable to imported goods. These costs are not included in the sale price or shipping costs.
Customs Clearance
a. The customer must provide all required information and documents in a timely manner to ensure smooth customs clearance.
b. If shipments are held by customs or additional information is requested, the customer bears all resulting costs and risks.
Non-Compliance
If the customer refuses to pay import duties, VAT or other fees, we reserve the right to suspend delivery or withdraw from the purchase agreement. Collection costs and claims for damages shall be borne by the customer.
Notice
This provision expressly forms part of these Terms and Conditions. By making a purchase, the customer accepts this responsibility.
Article 7 – Delivery and Failure to Collect
Collection Point
If a product is delivered to a collection point (for example, if you are not at home) and is not collected within the specified period, this will be considered a rejection of the order.
Article 8 – Return Conditions
Conditions for Returns and Exchanges
Our Returns and Refund Policy describes the conditions for returns or exchanges.
Further Information
Please visit our Returns Policy page for details and the procedure for a return or exchange.
Article 9 – Products and Services
Availability and Restrictions
Some products or services are available exclusively online and may only be available in limited quantities. Returns and exchanges are subject to our Returns Policy.
Product Representations
We make every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your screen will display the colours accurately.
Sales Restrictions
We reserve the right to restrict the sale of our products or services to certain persons, regions or jurisdictions.
Changes and Discontinuation
Product descriptions, prices and availability may be changed at any time without prior notice. We reserve the right to discontinue products at any time.
Quality Guarantee
Although we always strive for high quality, we cannot guarantee that products, services or materials will meet your expectations. Errors will be corrected to the best of our ability, but without warranty.
Article 10 – Billing and Account Information
Restrictions and Cancellations
We reserve the right to refuse orders. At our discretion, we may limit or cancel the number of items purchased per customer, household or order.
Cancellation Information
If we make changes to or cancel an order, we will attempt to notify you using the email address or telephone number provided when the order was placed.
Customer Obligation
You agree to provide complete, accurate and current purchase and account information. It is your responsibility to update your information promptly to ensure smooth processing.
Article 11 – Optional Tools
Access to Third-Party Tools
We may provide you with access to third-party tools that we neither monitor nor control. These tools are provided “as is” and “as available”, without warranties or conditions of any kind. We assume no liability arising from your use of these optional tools.
Use at Your Own Risk
Your use of these tools is entirely at your own risk and discretion. You should ensure that you are familiar with and accept the terms under which these tools are provided by the relevant third parties.
Future Features
We reserve the right to provide new services, features or tools through the website in the future. These will also be subject to these Terms and Conditions.
Article 12 – Third-Party Links
Third-Party Content
Certain content, products and services available through our Service may contain materials from third parties.
External Links
Links on this website may lead to external websites that are not affiliated with us. We assume no responsibility for the content or accuracy of external websites.
Disclaimer
We are not liable for any damages arising from the purchase or use of products, services, content or other transactions with third parties. Please read the third party’s terms and conditions carefully.
Questions and Complaints
Questions, complaints or claims regarding third-party products should be directed to the relevant third party.
Article 13 – User Comments and Submissions
Use of Submissions
If you submit creative ideas, suggestions, proposals or other materials (“Comments”), you agree that we may edit, copy, publish, distribute and otherwise use them without restriction. We are not obligated to:
a. Keep Comments confidential.
b. Pay compensation for Comments.
c. Respond to Comments.
Right to Remove Content
We reserve the right to monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive or otherwise inappropriate.
User Responsibility
You represent that your Comments do not infringe the rights of any third party. You are solely responsible for your Comments. We assume no liability for user-generated content.
Article 14 – Personal Data
The submission of personal data through our website is subject to our Privacy Policy. Please read it carefully to understand how your data is processed.
Article 15 – Errors, Inaccuracies and Omissions
Error Corrections
There may occasionally be information on our website containing typographical errors, inaccuracies or omissions, for example regarding product descriptions, prices, promotions, shipping costs or availability. We reserve the right to correct errors, change information or cancel orders at any time and without prior notice.
No Obligation to Update
We are under no obligation to update information unless required by law. An indicated update date does not mean that all information is current.
Article 16 – Prohibited Uses
You may not use the website or its content for:
a. unlawful purposes
b. soliciting others to perform unlawful acts
c. violating regulations or laws
d. infringing intellectual property rights
e. harassment, abuse, insult, harm, defamation or discrimination
f. submitting false or misleading information
g. uploading or distributing viruses or malicious code
h. collecting personal data without consent
i. spam, phishing, scraping or similar unethical activities
j. interfering with or circumventing security features
We reserve the right to terminate your access to our services if you violate these prohibited uses.
Article 17 – Disclaimer and Limitation of Liability
No Guarantee of Availability
We do not guarantee that your access to our Service will be uninterrupted, timely, secure or error-free. We also cannot guarantee that use of the services will produce specific results.
Service Interruption
We reserve the right to modify or discontinue the Service at any time without prior notice.
Use at Your Own Risk
All products and services are provided “as is” and “as available” without any express or implied warranties.
Limitation of Liability
Under no circumstances shall we or our partners be liable for direct, indirect, incidental, punitive or consequential damages, including lost profits or loss of data.
Article 18 – Indemnification
You agree to indemnify and hold harmless Nyfolk, our parent company, subsidiaries, affiliates, officers and employees from any third-party claims or demands arising from your breach of these Terms and Conditions or your violation of the rights of any third party.
Article 19 – Severability
If any provision of these Terms and Conditions is deemed unlawful, invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Article 20 – Termination
Termination by You
You may terminate this agreement at any time by notifying us that you no longer wish to use our services.
Termination by Us
If you breach any provision of these Terms and Conditions, we may terminate this agreement at any time without prior notice. You remain responsible for all payment obligations incurred up to the date of termination.
Article 21 – Governing Law
These Terms and Conditions, as well as any separate agreements, shall be governed by and construed in accordance with Dutch law.
Article 22 – Changes to the Terms and Conditions
You can view the most current version of the Terms and Conditions at any time on this page.
We reserve the right to amend, supplement or replace any part of these Terms and Conditions at any time by publishing updates and changes. Continued use of the website following such changes constitutes acceptance of the new Terms and Conditions.
Article 23 – Contact Information
If you have any questions about these Terms and Conditions, our team is happy to assist you:
Email: support@nyfolk.com
We are happy to help!