AGB

 

These Terms of Service (“Terms”) govern your access to and use of the online store operated by info@shopakiraa.shop, including all information, products, services, features, and functionality made available through the store.

Throughout these Terms, the terms “we,” “us,” and “our” refer to info@shopakiraa.shop. The terms “you,” “your,” “customer,” and “user” refer to any person accessing the website or purchasing products from us.

By accessing our website, placing an order, or otherwise using our services, you agree to these Terms to the extent permitted by applicable law.

These Terms are intended to apply in accordance with mandatory German and European Union consumer protection laws. Nothing in these Terms limits any mandatory statutory rights available to consumers.

1. Scope of These Terms

These Terms apply to:

• Visitors to our website;

• Customers purchasing products from our online store;

• Users creating or accessing customer accounts;

• Users communicating with us through our website or customer service channels;

• Any other person using services made available through our online store.

Additional policies published on our website, including our Privacy Policy, Return and Refund Policy, and Shipping Policy, form part of the terms governing your use of our services where applicable.

If any provision of these Terms conflicts with mandatory consumer protection law, the mandatory legal provision will prevail.

2. Online Store

Our online store is operated by:

info@shopakiraa.shop
Email: info@info@shopakiraa.shop

Our store is powered by Shopify, which provides the e-commerce infrastructure through which we offer our products and services.

3. Eligibility and Legal Capacity

By placing an order, you confirm that you have the legal capacity required to enter into the relevant transaction or that the transaction has been validly authorized in accordance with applicable law.

You must not use our website or services for unlawful or unauthorized purposes.

4. Product Information

We make reasonable efforts to present product descriptions, specifications, sizes, features, materials, availability, and other relevant information accurately.

However, minor differences may occur between products displayed electronically and the physical products received, including differences caused by:

• Screen settings;

• Device displays;

• Lighting conditions;

• Photography;

• Manufacturing variations;

• Product updates.

Such minor variations do not affect any statutory rights relating to products that do not conform to the agreed or legally required characteristics.

Product images are provided for illustrative purposes and should be considered together with the written product description.

5. Product Availability

All products are subject to availability.

Adding a product to your shopping cart does not reserve that product.

If a product becomes unavailable after you submit an order, we will inform you and, where payment has already been received for an unavailable product, refund the relevant amount using the applicable payment method.

We reserve the right to discontinue products or change our product range, provided that this does not affect orders for which a binding contract has already been formed.

6. Prices

The price applicable to an order is the price displayed during the ordering process at the time the order is submitted, subject to correction of obvious errors in accordance with applicable law.

Where legally required, prices displayed to consumers include applicable taxes.

Any additional charges that apply to an order will be disclosed before the customer completes the purchase.

We may change product prices at any time for future purchases. Price changes will not retrospectively alter the agreed price of a binding order.

7. Orders and Contract Formation

Products displayed on our website generally constitute an invitation for customers to submit an order rather than an automatically binding offer by us, unless expressly stated otherwise.

Before submitting an order, you will have the opportunity to review the products selected and information entered and, where technically available, correct input errors.

By completing the checkout process and using the button or other function clearly indicating that the order involves an obligation to pay, you submit a binding offer to purchase the products in your order.

After receiving your order, we may send an electronic acknowledgement confirming that the order has been received.

An acknowledgement of receipt does not necessarily constitute acceptance of your order unless the wording of the communication expressly states that the order has been accepted.

A binding purchase contract is formed when we expressly accept your order, dispatch the ordered products, or otherwise confirm acceptance in a manner that creates a binding contract under applicable law.

8. Order Confirmation

After an order is successfully submitted, we will generally provide an electronic confirmation containing relevant order information.

You are responsible for checking the order information and informing us promptly if you notice an error.

Please retain your order confirmation and these Terms for your records.

9. Right to Refuse or Cancel Orders

Before a binding contract has been formed, we may refuse an order for legitimate reasons, including:

• A product being unavailable;

• Payment authorization failing;

• Incorrect or incomplete order information;

• Suspected fraud or unauthorized activity;

• An obvious pricing or product information error;

• Delivery restrictions preventing fulfilment;

• Legal or regulatory restrictions.

Where we cancel an order after receiving payment and no amount is lawfully owed to us, the relevant payment will be refunded.

Nothing in this section allows us to cancel an existing binding contract without a lawful contractual or statutory basis.

10. Payment

Available payment methods will be displayed during checkout.

By providing payment information, you confirm that you are authorized to use the selected payment method.

Payment processing may be performed by Shopify, payment service providers, banks, card networks, or other third-party payment processors.

Your payment may be subject to additional verification, fraud-prevention checks, or authorization procedures.

We are not responsible for delays caused solely by your bank or payment provider, except where responsibility cannot legally be excluded.

11. Shipping and Delivery

Shipping and delivery are governed by the Shipping Policy published on our website.

Delivery estimates are estimates unless a binding delivery date has expressly been agreed.

Where mandatory law grants you rights because goods have not been delivered within an agreed or legally required period, those rights remain unaffected.

Customers must provide accurate and complete shipping information when placing an order.

If you notice an error in your shipping information, contact us as soon as possible at:

info@info@shopakiraa.shop

12. Transfer of Risk

For consumers, the risk of accidental loss or damage to goods transfers in accordance with mandatory applicable consumer law.

Nothing in these Terms is intended to transfer shipping risk to a consumer earlier than permitted by mandatory German or European Union law.

13. Statutory Right of Withdrawal

Consumers purchasing goods online may have a statutory right to withdraw from the purchase under German and European Union consumer protection law.

Where the statutory right of withdrawal applies, consumers generally have 14 days to exercise that right in accordance with the applicable legal requirements.

Detailed information regarding withdrawals, returns, applicable exceptions, return procedures, and refunds is contained in our Return and Refund Policy.

To communicate a withdrawal or ask questions about a return, contact:

info@info@shopakiraa.shop

Nothing in these Terms restricts any statutory withdrawal right available to consumers.

14. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy together with applicable mandatory law.

Any voluntary return conditions provided by us operate in addition to, and do not replace, statutory consumer rights.

Where there is a conflict between a voluntary return condition and a mandatory statutory right, the statutory right will prevail.

15. Defective or Non-Conforming Products

We are responsible for providing products that conform to the applicable contractual and statutory requirements.

If a product is defective, materially different from what was agreed, or otherwise does not conform to the applicable legal requirements, you may have statutory rights.

Depending on the applicable circumstances and legal requirements, these rights may include:

• Repair;

• Replacement;

• Reduction of the purchase price;

• Termination or rescission of the contract;

• Compensation or other remedies provided by applicable law.

Nothing in these Terms excludes or restricts mandatory statutory rights regarding defective or non-conforming goods.

If you believe that you have received a defective or incorrect product, contact:

info@info@shopakiraa.shop

16. Customer Accounts

Certain features of our store may allow customers to create an account.

You are responsible for maintaining the confidentiality of your login credentials and for taking reasonable measures to prevent unauthorized access to your account.

You must provide accurate information when creating or maintaining an account.

Please notify us promptly if you believe that your account has been accessed or used without authorization.

We may suspend or restrict an account where reasonably necessary to protect customers, prevent fraud, maintain website security, or comply with legal obligations.

17. Accuracy of Information

We aim to keep information on our website accurate and current.

Occasionally, information may contain typographical errors, inaccuracies, or omissions relating to matters such as:

• Product descriptions;

• Prices;

• Promotions;

• Product availability;

• Shipping information.

Where permitted by law, we may correct genuine errors and update information.

However, correction of an error does not allow us to disregard a binding contract or mandatory consumer right where applicable law does not permit us to do so.

18. Promotions and Discount Codes

Promotional offers, discounts, and discount codes may be subject to specific conditions communicated with the relevant promotion.

Unless otherwise stated:

• Promotional offers cannot be exchanged for cash;

• Discount codes may be limited to one use per customer or order;

• Certain products may be excluded from promotions;

• Promotions may have specified start and end dates;

• Promotions may not be combined where expressly stated.

Any promotional condition will apply only to the extent permitted by applicable law.

Statutory consumer rights are not affected by promotional pricing.

19. Acceptable Use

You may use our website only for lawful purposes.

You must not knowingly:

• Use the website for fraudulent or unlawful activity;

• Attempt to gain unauthorized access to our systems or another user's account;

• Introduce viruses, malware, malicious code, or other harmful technology;

• Interfere with the security or proper operation of the website;

• Use automated systems to overload or disrupt our services;

• Collect personal information about other users without lawful authority;

• Impersonate another person;

• Use our services in a manner that violates applicable law;

• Infringe intellectual property or other legal rights.

We may take reasonable measures to prevent or address misuse of the website.

20. Intellectual Property

Unless otherwise indicated, website materials owned by us or licensed to us, including text, graphics, layouts, designs, photographs, logos, and other content, are protected by applicable intellectual property laws.

You may access website content for personal and lawful shopping purposes.

You may not reproduce, distribute, commercially exploit, modify, republish, or otherwise use protected website content without authorization where such authorization is legally required.

Nothing in these Terms affects uses permitted by mandatory law.

Third-party names, trademarks, logos, or materials remain the property of their respective owners where applicable.

21. Customer Reviews and Submitted Content

If our website allows you to submit reviews, comments, photographs, feedback, or other content, you must ensure that the content:

• Is accurate to the best of your knowledge;

• Does not violate applicable law;

• Does not infringe third-party rights;

• Is not fraudulent or misleading;

• Does not contain malicious software;

• Does not contain unlawful threats, harassment, or defamatory material.

Where legally permissible, we may moderate or remove content that violates these requirements.

Submitting content does not transfer ownership of your intellectual property rights to us unless expressly agreed.

Where necessary to display and operate the relevant website feature, you grant us a non-exclusive permission to host, reproduce, and display the submitted content for that purpose, subject to applicable law.

22. Third-Party Services

Our online store may rely on third-party services, including Shopify, payment processors, shipping providers, analytics services, and other technology providers.

Our website may also contain links to independent third-party websites.

Third-party websites and services may be governed by their own terms and privacy policies.

We are not responsible for independent third-party services to the extent that responsibility legally rests with the relevant third party. This does not exclude any liability that applicable law requires us to retain.

23. Privacy and Personal Data

Personal data is processed in accordance with our Privacy Policy and applicable data protection law.

Please review our Privacy Policy for information about how personal data may be collected, used, stored, disclosed, and otherwise processed.

Questions regarding privacy may be sent to:

info@info@shopakiraa.shop

24. Website Availability

We aim to keep our website reasonably available but do not guarantee uninterrupted or error-free access.

We may temporarily restrict or suspend access where reasonably necessary for:

• Maintenance;

• Security;

• Technical updates;

• System improvements;

• Events outside our reasonable control.

Temporary website interruptions do not affect existing statutory rights relating to orders already placed.

25. Limitation of Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.

In particular, nothing in these Terms excludes or limits liability for intentional misconduct, gross negligence, injury to life, body, or health, or liability arising under mandatory product liability or consumer protection law.

In cases of ordinary negligence involving the breach of a material contractual obligation, liability may be limited, where legally permissible, to damage that was reasonably foreseeable and typical for the type of contract concerned.

A material contractual obligation is an obligation whose performance is necessary for the proper execution of the contract and on whose performance the customer may ordinarily rely.

Any further limitation of liability applies only to the extent permitted by applicable German and European Union law.

26. Events Outside Reasonable Control

We are not responsible for delay or failure to perform an obligation to the extent caused by circumstances outside our reasonable control, provided that such limitation is permitted by applicable law.

Such circumstances may include severe transportation disruption, natural disasters, governmental restrictions, major infrastructure failures, or comparable events beyond reasonable control.

Where such an event affects an existing consumer contract, mandatory statutory rights, including rights relating to non-performance or delayed performance, remain unaffected.

27. Changes to the Website

We may update, modify, or discontinue website features or content from time to time.

Such changes will not retrospectively alter an existing purchase contract or remove rights already acquired by a customer.

28. Changes to These Terms

We may update these Terms to reflect changes in our services, business practices, technology, or applicable legal requirements.

The version applicable to a purchase is generally the version made available in connection with the transaction when the relevant contract is concluded.

Changes to these Terms will not retroactively alter an existing contract without a valid legal basis.

The current version will be published on our website with an updated “Last Updated” date.

29. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

The invalid provision will be replaced or interpreted in accordance with applicable statutory rules rather than in a manner that reduces mandatory consumer protection.

30. No Waiver

If we do not immediately exercise a contractual or legal right, this does not necessarily constitute a waiver of that right.

Likewise, nothing in this section limits rights available to consumers under mandatory law.

31. Governing Law

These Terms and contractual relationships with info@shopakiraa.shop are governed by applicable law.

To the extent a choice of German law is legally effective, German law applies.

However, if you are a consumer habitually resident in another country and mandatory consumer protection provisions of that country apply under European Union conflict-of-law rules, nothing in these Terms deprives you of the protection granted by those mandatory provisions.

32. Jurisdiction

Any agreement concerning jurisdiction applies only to the extent permitted by mandatory law.

Consumers retain the right to bring or defend proceedings before courts that have jurisdiction under applicable German and European Union law.

Nothing in these Terms requires a consumer to bring proceedings exclusively in a court that mandatory consumer jurisdiction rules do not permit.

33. Consumer Dispute Resolution

We aim to resolve customer concerns directly and encourage customers to contact us first at:

info@info@shopakiraa.shop

Unless participation is required by mandatory law or we expressly agree otherwise, info@shopakiraa.shop does not commit to participating in dispute resolution proceedings before a consumer arbitration or conciliation body.

The former European Union Online Dispute Resolution (ODR) Platform is no longer in operation and is therefore not referenced as a method for submitting disputes under these Terms.

Nothing in this section restricts a consumer's right to seek remedies before a competent court or through another legally available dispute resolution procedure.

34. Mandatory Consumer Rights

Nothing in these Terms is intended to waive, exclude, or restrict rights that cannot lawfully be waived, excluded, or restricted under:

• German consumer protection law;

• Applicable European Union law;

• Applicable product conformity and warranty law;

• Applicable data protection law;

• Other mandatory legislation.

Where any provision of these Terms conflicts with mandatory law, the mandatory provision will prevail.

35. Entire Agreement

These Terms, together with the policies and information incorporated into the relevant purchase contract, constitute the applicable contractual framework between you and info@shopakiraa.shop regarding use of our store and purchases made through it.

Nothing in this section limits mandatory pre-contractual information or representations that form part of a consumer contract under applicable law.

36. Contact Information

If you have questions about these Terms of Service, an order, a product, or your rights as a customer, please contact:

info@shopakiraa.shop
Email: info@info@shopakiraa.shop

We will handle customer enquiries in accordance with these Terms and applicable German and European Union law.