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Welcome to info@thecommense.shop.

These Terms of Service ("Terms") govern your access to and use of our website, online store, products, services, and features. Throughout these Terms, the words "we", "us", and "our" refer to info@thecommense.shop.

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

These Terms apply together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other policies published on our website.

Nothing in these Terms is intended to exclude, restrict, or waive any mandatory rights granted to consumers under applicable German or European Union law.

Contact Email: info@info@thecommense.shop

1. Scope of These Terms

These Terms apply to all visitors, customers, purchasers, account holders, and other users of our website.

They govern:

• Access to and use of our online store;

• Purchases made through our website;

• Customer accounts;

• Payments;

• Order processing;

• Shipping and delivery;

• Returns and refunds;

• Website content;

• Intellectual property;

• Customer communications; and

• Other services offered through our Shopify-powered store.

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

2. Eligibility to Use Our Store

By placing an order through our website, you confirm that you have the legal capacity required to enter into the relevant transaction.

If you are acting on behalf of another person or organization, you confirm that you are authorized to act on their behalf.

You may not use our website or services for unlawful, fraudulent, abusive, or unauthorized purposes.

3. Product Information

We make reasonable efforts to provide accurate and up-to-date information about products offered through our store.

Product pages may contain information including:

• Product descriptions;

• Images;

• Available sizes;

• Colors;

• Materials;

• Features;

• Prices;

• Availability; and

• Other relevant product information.

We make reasonable efforts to display product colors and images accurately. However, the appearance of colors may vary depending on the screen, device, browser, display settings, and lighting conditions used by the customer.

Minor differences that are reasonably attributable to display technology do not necessarily constitute a product defect.

Nothing in this section limits your statutory rights where a product does not conform to the contract or is defective.

4. Product Availability

All products are subject to availability.

Adding an item to your shopping cart does not reserve the product.

We may limit quantities available for purchase where reasonably necessary, including where:

• Stock is limited;

• An obvious pricing or listing error has occurred;

• Fraud or unauthorized activity is suspected;

• Purchasing quantities are clearly inconsistent with normal consumer use; or

• A product is no longer available.

If we cannot fulfill an order after payment has been received, we will provide an appropriate refund for the unavailable product.

5. Prices

The price applicable to your purchase is the price displayed through our store at the time the order is placed, subject to correction of obvious errors as permitted by law.

Prices and applicable taxes will be displayed in accordance with the information presented on our website and during checkout.

Where required by applicable law, prices presented to consumers will include applicable taxes.

Any applicable shipping charges will be displayed before the order is finalized. Where we offer free standard shipping, no standard shipping charge will be added to the eligible order.

We reserve the right to change product prices for future purchases at any time. Price changes do not retroactively alter a contract already validly concluded.

6. Obvious Pricing Errors

Despite reasonable efforts, a product may occasionally be listed with an obviously incorrect price due to a technical, typographical, or system error.

Where a pricing error is obvious and a customer could reasonably have recognized the error, we reserve the right to address the matter in accordance with applicable law.

If payment has already been collected and the order cannot legally or reasonably be fulfilled at the erroneous price, the relevant amount will be refunded.

This section does not permit us to arbitrarily change the agreed price after a valid contract has been concluded.

7. Placing an Order

Products displayed on our website may constitute an invitation for customers to submit an order.

To place an order, you must follow the checkout process and provide the requested order, billing, shipping, and payment information.

Before submitting an order, you will have an opportunity to review the products selected and the information provided.

By completing the order process, you submit an order to purchase the selected products.

8. Order Confirmation and Contract Formation

After an order is submitted, you may receive an automated confirmation acknowledging that we have received your order.

An automated acknowledgment of receipt does not necessarily mean that an order has been accepted if applicable law allows acceptance to occur at a later stage.

A purchase contract is concluded when your order is accepted in accordance with the checkout process, applicable communications, and applicable law.

We may refuse or cancel an order before a binding contract has been formed where there is a legitimate reason to do so, including:

• Product unavailability;

• An obvious pricing or product information error;

• Suspected fraud;

• Unauthorized payment;

• Incorrect payment information;

• Inability to verify information reasonably required to complete the transaction; or

• A legal restriction preventing us from fulfilling the order.

Where payment has already been received for an order that is validly cancelled, the relevant amount will be refunded.

9. Customer Information

You agree to provide accurate, current, and complete information reasonably necessary to process your order.

This may include:

• Name;

• Email address;

• Shipping address;

• Billing information;

• Telephone number where required for delivery; and

• Payment information.

You are responsible for reviewing this information before submitting an order.

If you discover an error after placing an order, contact us as soon as possible at:

info@info@thecommense.shop

We will make reasonable efforts to update the information before shipment, but changes may not be possible after an order has entered processing or been dispatched.

10. Payment

Payment must be made using one of the payment methods available during checkout.

Payments may be processed through Shopify and independent payment service providers.

By submitting payment information, you represent that you are authorized to use the selected payment method.

An order may be delayed, suspended, or cancelled where:

• Payment authorization fails;

• Payment is rejected;

• Fraud screening identifies a legitimate security concern;

• The payment provider requires additional verification; or

• Payment cannot otherwise be completed.

We do not impose unauthorized charges beyond the amounts disclosed during checkout.

11. Payment Security

Payment transactions are handled through the payment systems made available through our Shopify-powered store and applicable payment providers.

Customers must not attempt to:

• Use stolen payment information;

• Use payment methods without authorization;

• Circumvent payment security systems;

• Manipulate transaction data; or

• Engage in fraudulent chargeback activity.

Suspected fraudulent activity may be investigated and, where appropriate, reported to payment providers or competent authorities.

12. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

Estimated delivery periods are estimates and may be affected by circumstances reasonably outside our control, including:

• Carrier delays;

• Customs procedures;

• Severe weather;

• Transportation disruptions;

• Public emergencies;

• Incorrect delivery information; or

• Other exceptional circumstances.

Any legally binding delivery obligations and consumer rights remain unaffected.

Customers should provide a complete and accurate delivery address when placing an order.

13. Risk of Loss

For consumer purchases, responsibility for the goods and the transfer of risk will be determined in accordance with applicable mandatory consumer law.

Nothing in these Terms is intended to transfer transportation risk to a consumer earlier than permitted by applicable law.

14. Right of Withdrawal

Consumers purchasing online may have a statutory right to withdraw from the purchase without giving a reason.

For eligible distance contracts involving goods, the statutory withdrawal period is generally 14 days, subject to the rules and exceptions provided by applicable law.

Detailed information about exercising the right of withdrawal, returning products, return costs, and receiving refunds is provided in our Return and Refund Policy.

To notify us of a withdrawal, contact:

info@info@thecommense.shop

Nothing in these Terms restricts any mandatory statutory right of withdrawal.

15. Exceptions to the Right of Withdrawal

The statutory right of withdrawal may not apply to certain categories of products where an exception is expressly permitted by applicable law.

Depending on the product, such exceptions may include:

• Goods made according to customer specifications or clearly personalized;

• Goods that deteriorate or expire rapidly;

• Sealed goods unsuitable for return for health protection or hygiene reasons once unsealed after delivery;

• Goods that become inseparably mixed with other goods after delivery; and

• Other legally recognized exceptions.

An exception will only be applied where permitted by law.

The absence of a withdrawal right does not eliminate statutory rights relating to defective or non-conforming goods.

16. Returns and Refunds

Returns, withdrawals, and refunds are governed by our Return and Refund Policy and applicable mandatory consumer law.

Where a customer validly exercises a statutory withdrawal right, refunds will be processed according to the legally applicable requirements.

Where a refund is due, we may generally refund the payment using the same payment method used for the original transaction unless another method is legally permitted and agreed.

17. Defective or Non-Conforming Products

Customers retain all mandatory statutory rights relating to products that are:

• Defective;

• Damaged;

• Incorrect;

• Incomplete;

• Not as contractually agreed; or

• Otherwise non-conforming.

If you believe that a product is defective or does not conform to your order, contact:

info@info@thecommense.shop

Please provide your order information and a description of the issue.

Where appropriate and required by applicable law, available remedies may include repair, replacement, price reduction, termination of the contract, or refund.

Nothing in these Terms excludes or reduces mandatory statutory warranty or conformity rights.

18. Promotions and Discount Codes

From time to time, we may offer promotional prices, discounts, or promotional codes.

Unless otherwise stated in the promotion:

• A promotional code has no cash value;

• A promotional code may not be transferred or resold where prohibited by its conditions;

• Multiple promotional codes may not necessarily be combined;

• Promotions may apply only to specified products or orders; and

• Promotions may be subject to reasonable start and end dates.

Any promotion will remain subject to mandatory consumer protection law.

We may refuse the fraudulent or unauthorized use of promotional offers.

19. Customer Accounts

Our website may allow customers to create an account.

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

You should notify us promptly if you believe your account has been accessed without authorization.

We may restrict or suspend an account where reasonably necessary to:

• Protect the customer;

• Protect our website;

• Prevent fraud;

• Respond to a security incident; or

• Address serious or repeated violations of these Terms.

Such actions will not affect mandatory rights relating to valid existing purchases.

20. Acceptable Use

You must not use our website or services to:

• Commit fraud;

• Violate applicable law;

• Submit false payment information;

• Introduce malicious software;

• Attempt unauthorized access to our systems;

• Scrape or harvest information unlawfully;

• Interfere with website security;

• Impersonate another person;

• Infringe intellectual property rights;

• Submit unlawful or abusive material; or

• Disrupt the normal operation of our services.

We reserve the right to take reasonable measures to protect the website, customers, and our business against misuse.

21. Prohibited Technical Activities

You may not intentionally:

• Introduce viruses, malware, ransomware, spyware, or harmful code;

• Attempt to bypass technical security controls;

• Conduct unauthorized vulnerability testing;

• Overload our systems;

• Interfere with servers or networks;

• Gain unauthorized access to customer or business information; or

• Use automated tools in a manner that materially disrupts the operation of the website.

We may block or restrict access where reasonably necessary to prevent security threats or unlawful activity.

22. Intellectual Property

Unless otherwise stated, content made available through our website, including its:

• Text;

• Graphics;

• Layout;

• Product descriptions;

• Logos;

• Store design;

• Photographs;

• Videos;

• Icons; and

• Other original materials

is owned by us, licensed to us, or otherwise used with appropriate authorization.

Applicable intellectual property rights remain with their respective owners.

You may use website content only for personal and lawful shopping-related purposes unless additional use is authorized by the applicable rights holder.

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

23. Third-Party Rights

Certain names, logos, payment services, applications, technologies, and other materials displayed through our website may belong to Shopify or other third parties.

All third-party trademarks and intellectual property remain the property of their respective owners.

No provision in these Terms transfers ownership of third-party intellectual property to you or to us.

24. Third-Party Services

Our store may rely on third-party service providers, including:

• Shopify;

• Payment processors;

• Shipping companies;

• Logistics providers;

• Technology providers;

• Analytics services; and

• Other applications used to operate the store.

Where you independently use a third-party service, additional terms or privacy policies of that provider may apply.

We are not responsible for independent third-party services to the extent such responsibility cannot legally be attributed to us.

Mandatory consumer rights remain unaffected.

25. External Links

Our website may contain links to websites operated by third parties.

A link does not necessarily mean that we control, endorse, or assume responsibility for the third-party website.

Customers should review the applicable terms and privacy information when visiting independent third-party websites.

Nothing in this provision excludes liability that cannot legally be excluded.

26. Website Availability

We aim to keep our online store reasonably available and functional.

However, temporary interruptions may occur because of:

• Maintenance;

• Security updates;

• Technical failures;

• Hosting problems;

• Network interruptions;

• Shopify service interruptions; or

• Circumstances outside our reasonable control.

We may update, maintain, or modify website functionality where reasonably necessary.

Nothing in this section limits liability where liability cannot legally be excluded or restricted.

27. Accuracy of Website Information

We make reasonable efforts to maintain accurate information.

Occasional typographical, technical, or administrative errors may occur.

We may correct errors or update information where appropriate.

Such corrections do not permit us to disregard a binding consumer contract or mandatory consumer rights.

28. Customer Reviews and Submitted Content

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

• Is lawful;

• Is truthful to the extent it describes factual matters;

• Does not infringe third-party rights;

• Does not contain malicious software;

• Does not contain unlawful threats or harassment; and

• Is not fraudulent or misleading.

We may remove unlawful or clearly abusive content where permitted by law.

By voluntarily submitting content for publication, you grant us the rights reasonably necessary to display and administer that content through our store, subject to applicable law.

29. Privacy and Personal Data

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

Our Privacy Policy explains, among other matters:

• What personal data may be collected;

• Why personal data is processed;

• Applicable legal bases;

• Use of Shopify and service providers;

• Cookies and similar technologies;

• International data transfers;

• Data retention;

• Security; and

• Data protection rights.

Privacy questions may be sent to:

info@info@thecommense.shop

30. Liability

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

In particular, these Terms are not intended to exclude or improperly limit liability for matters for which liability must remain under mandatory German or European Union law.

Where liability may lawfully be limited, any limitation will apply only to the extent permitted by applicable law.

Mandatory consumer rights remain unaffected.

31. Events Beyond Reasonable Control

We will not be responsible for delays or failures caused solely by circumstances outside our reasonable control to the extent permitted by applicable law.

Such circumstances may include:

• Natural disasters;

• Severe weather;

• War;

• Civil unrest;

• Government restrictions;

• Major transportation disruption;

• Telecommunications failures;

• Widespread technical failures;

• Strikes affecting third-party services; or

• Other extraordinary events beyond reasonable control.

Where such circumstances affect an order, we will take reasonable measures appropriate to the situation.

Any mandatory rights you have under applicable law remain unaffected.

32. Fraud and Abuse

We reserve the right to investigate orders or activities reasonably suspected of involving:

• Fraud;

• Identity theft;

• Unauthorized payment methods;

• Chargeback abuse;

• Deliberate misuse of promotional offers;

• Attempts to obtain products without payment; or

• Other unlawful conduct.

Where necessary and permitted by law, we may suspend processing, request reasonable verification, cancel an order where legally permissible, or cooperate with payment providers and competent authorities.

33. Changes to These Terms

We may update these Terms from time to time to reflect changes in:

• Applicable law;

• Our services;

• Website functionality;

• Payment methods;

• Business practices;

• Security requirements; or

• Shopify functionality.

Changes will generally apply prospectively.

Changes to these Terms will not retroactively remove rights already acquired under a binding consumer contract unless permitted by applicable law.

The current version will be published on our website.

34. Severability

If any provision of these Terms is determined to be invalid, unenforceable, or inconsistent with mandatory law, that provision will apply only to the extent legally permissible.

The remaining provisions will continue to apply to the extent legally possible.

Nothing in this section replaces mandatory statutory rules governing the interpretation or validity of contractual terms.

35. No Waiver

If we do not immediately enforce a contractual right, this does not automatically mean that the right has been permanently waived.

Any exercise of contractual rights remains subject to applicable law and mandatory consumer protections.

36. Governing Law

These Terms and contracts entered into through our store are governed by applicable German law to the extent legally permissible.

If you are a consumer habitually resident in another country, this choice of law does not deprive you of mandatory consumer protections that apply to you under applicable conflict-of-law rules.

Nothing in this section restricts any mandatory jurisdiction or consumer protection rights.

37. Consumer Rights

Nothing in these Terms is intended to:

• Exclude mandatory consumer protection;

• Restrict statutory withdrawal rights;

• Restrict statutory rights concerning defective goods;

• Remove legally required remedies;

• Exclude mandatory data protection rights; or

• Prevent a consumer from relying on rights granted by applicable German or European Union law.

Where these Terms conflict with mandatory law, mandatory law takes precedence.

38. Entire Agreement

These Terms, together with the policies and information incorporated into the purchasing process, form the contractual framework governing use of our store and purchases made through it, subject to applicable mandatory law.

Relevant policies may include:

• Return and Refund Policy;

• Privacy Policy;

• Shipping Policy;

• Legal Notice; and

• Other legally required information displayed through our store.

39. Contact Information

Questions about these Terms, orders, payments, products, returns, or use of our website can be submitted to:

info@thecommense.shop
Email: info@info@thecommense.shop

We will make reasonable efforts to respond to legitimate customer inquiries as promptly as practicable.

40. Final Provision

These Terms are intended to provide clear rules for using info@thecommense.shop while preserving all mandatory rights available to consumers.

By using our store or entering into a purchase contract with us, you are subject to these Terms together with all mandatory protections provided by applicable law.

Store: info@thecommense.shop
Customer Service Email: info@info@thecommense.shop