Terms and Conditions (T&C) and Terms of Use

Overview

This website is operated by M&M Cage Company, LLC. Throughout the website, the terms “we,” “us,” and “our” refer to M&M Cage Company, LLC. M&M Cage Company, LLC offers this website, including all information, tools, and services available to you as a user on this website, on the condition that you accept all terms, policies, and notices set forth herein.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available via a hyperlink. These Terms of Service apply to all users of the website, including, without limitation, all users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms of Use. If you do not agree to all the terms of this agreement, you may not access the website or use any of its services. If these Terms of Use constitute an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current Store are also subject to these Terms of Use. You can view the current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

Section 1 - Online Store Terms and Conditions

By agreeing to these Terms of Use, you represent that you have reached the age of majority in your country of residence, or that you are of legal age in your country of residence and have given us your consent to allow your minor family members to use this website.

You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the service. You may not transmit any worms, viruses, or code of a destructive nature. Any violation of these terms will result in the immediate termination of your services.

Section 2 - General Terms and Conditions

We reserve the right to refuse service at any time for any reason. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information provided on this website is inaccurate, incomplete, or out of date. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for decision-making without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Section 4 - Changes to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any changes, price changes, suspensions, or discontinuation of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website. These products or services may be in limited quantities and may only be returned or exchanged in accordance with our return policy. We have made every effort to display the colors and images of our products as accurately as possible in the store. We cannot guarantee that the color display on your computer monitor is accurate. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. 

All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. All offers for products or services made on this website are void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials you have purchased or received will meet your expectations, or that errors in the service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchases per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to restrict or prohibit orders that, in our sole discretion, are placed by dealers, resellers, or distributors. 

You agree to provide current, complete, and accurate billing and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can process your transactions and contact you as needed.

For more information, please see our return policy.

Section 7 - Optional Cookies

We may provide you with access to third-party tools over which we have no control or influence. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We assume no liability arising from or in connection with your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and accept the terms and conditions under which such tools are provided by the respective third-party providers.

In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). These new features and/or services are also subject to these Terms of Use.

Section 8 – Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of such third-party materials or websites, and we do not warrant or assume any liability or responsibility for any third-party materials, websites, or other third-party products or services. We are not liable for any loss or damage arising from the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please read the third-party provider’s policies and practices carefully and ensure that you understand them before proceeding with a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.

Section 9 – User Comments, Feedback, and Other Submissions

If, in response to our request, you submit certain specific materials (such as contest entries), or if you send us creative ideas, suggestions, proposals, plans, or other materials online, by email, by mail, or by any other means without our request (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium the Comments you have submitted to us. We are not and will not be obligated to (1) treat Comments as confidential; (2) pay compensation for Comments; or (3) respond to Comments. We may, but are not obligated to, monitor, edit, or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Use.

You agree that your comments do not infringe upon the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain computer viruses or other malware that could in any way impair the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for comments posted by you or any third party.

Section 10 – Personal Information

The transmission of your personal data through the store is subject to our Privacy Policy, which complies with the requirements of the General Data Protection Regulation (GDPR). For more information, please see our Privacy Policy.

Section 11 – Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, modify, or clarify any information on the Service or on any affiliated website, including, without limitation, pricing information, except as required by law. No update or revision date provided on the Service or on any affiliated website should be construed to mean that all information on the Service or on any affiliated website has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, slander, defame, disparage, intimidate, or discriminate against others based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that are used in any manner that will or may impair the functionality or operation of the Service or any associated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any affiliated website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any affiliated website if you violate any of the prohibited uses.

Section 13 – Disclaimer; Limitation of Liability

We make no guarantee, representation, or warranty that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable. You agree that we may remove the Service from time to time for indefinite periods or discontinue the Service at any time without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall M&M Cage Company, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the Services or products purchased using the Service, or for any other claims related in any way to your use of the Service or a product, including, but not limited to, errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) published, transmitted, or otherwise made available via the Service, even if advised of the possibility thereof. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such states or jurisdictions, our liability is limited to the extent permitted by law.

Section 14 – Indemnification

You agree to indemnify and hold harmless M&M Cage Company, LLC and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any and all claims or demands, including reasonable attorneys’ fees, made by third parties arising out of or in connection with your breach of these Terms of Use or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.

Section 15 – Severability Clause

If any provision of these Terms of Use is or becomes unlawful, void, or unenforceable, the parties shall use their best efforts to reach an agreement, in a spirit of cooperation, on valid and enforceable provisions to replace the invalid, void, or unenforceable parts. If this is not successful, the invalid, void, or unenforceable provisions shall be replaced by the applicable statutory provisions, to the extent permitted by applicable law or as otherwise specified. Notwithstanding the foregoing, the invalidity, voidness, or unenforceability of any particular provision of these Terms shall not render the entire agreement void, unless the severed provisions are essential to the contract or of such significance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would result in unreasonable hardship for either party.

Section 16 – Termination

The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use shall remain in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our website. If, in our sole discretion, you fail to comply with any term or provision of these Terms of Use, or if we suspect that you have failed to comply with them, we may terminate this Agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly, your access to our Services (or any part thereof) may be denied.

Section 17 – Entire Agreement

Consumers have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

Section 18 – Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the party that drafted them.

Section 19 – Governing Law

For any disputes arising out of or in connection with these Terms of Use or the Service, you agree that the courts of the State of Wisconsin, USA, shall have exclusive jurisdiction, to the extent permitted by law. However, consumers residing in the European Union may bring a claim in the courts of their place of residence. You hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction by such courts in such matters.

Section 20 – Changes to the Terms of Use

You can view the most recent version of the Terms of Use on this page at any time. We reserve the right, at our sole discretion, to update, modify, or replace parts of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Use constitutes acceptance of those changes.

Section 21 – Contact Information

Please direct any questions regarding the Terms of Use to info@happybird-lampen.de.