GENERAL TERMS AND CONDITIONS

OVERVIEW

This website is operated by Marc Wurzinger. Throughout the site, the terms "we", "us", and "our" refer to Marc Wurzinger. Marc Wurzinger offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site 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 those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any destructive code. A breach of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete or not current. The material is provided for general information only and should not be solely relied upon. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without notice. We reserve the right to modify or discontinue the Service at any time. Shopify is not liable for any such changes or discontinuation.

SECTION 5 - PRODUCTS OR SERVICES

Some products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange according to our Return Policy.

We strive to display product colors and images accurately, but cannot guarantee your screen displays them correctly.

We may limit sales to specific persons or regions. We may discontinue products or change pricing at any time.

We do not guarantee that the quality of products or services 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. We may limit or cancel quantities purchased per person, household or order. In such cases, we may attempt to notify you.

You agree to provide accurate and complete account and purchase information and to update your details as needed.

For more information, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. You acknowledge and agree that we provide access "as is" without warranties. Any use of optional tools is at your own risk.

We may also offer new services or features through the website, which will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Some content, products and services may link to third-party websites. We are not responsible for their content or accuracy and accept no liability for transactions with third parties. Review their terms before proceeding.

SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you submit creative ideas, suggestions, or other content, you agree we may use it freely without obligation to compensate or respond.

We may remove content we deem inappropriate. You agree not to violate any third-party rights or post illegal/offensive material. You're solely responsible for your submissions.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, site information may contain typographical errors or inaccuracies. We reserve the right to correct them and to cancel orders if any information is inaccurate, including after an order is placed.

We are not obligated to update or clarify information, unless required by law.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for:

1. unlawful purposes
2. violating laws or rights
3. discrimination or harassment
4. uploading harmful code
5. misleading others
6. scraping, phishing or spamming
7. interfering with security features

Violation of these rules may result in termination of your access.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted, timely or error-free service.

Your use of the Service is at your own risk. Products and services are provided "as is" without warranties.

Marc Wurzinger and HaveBeenThere shall not be liable for any direct or indirect damages arising from your use of the service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Marc Wurzinger and related parties from any claims or damages resulting from your violation of these Terms or applicable laws.

SECTION 15 - SEVERABILITY

If any part of these Terms is deemed invalid, the rest remains enforceable.

SECTION 16 - TERMINATION

You or we may terminate these Terms at any time. Obligations before termination remain valid.

SECTION 17 - ENTIRE AGREEMENT

These Terms and our posted policies represent the full agreement between you and us.

SECTION 18 - GOVERNING LAW

These Terms are governed by the laws of Austria.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms on this page. We reserve the right to update them. Continued use after changes means you accept the updates.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:
📧 support@havebeenthere.at