Terms and Conditions
1. Introduction
Welcome to Henry Wintermann (the “Site”). By accessing and using our Site, you agree to comply with and be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, please do not use our Site.
2. Use of the Site
2.1 Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use this Site. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the conditions set forth herein.
2.2 License to Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site for personal and non-commercial purposes, subject to your compliance with these Terms.
3. Product Sales
3.1 Orders
All orders placed through the Site are subject to our acceptance. We may require additional verification or information before accepting any order. Once your order is accepted, you will receive an email confirmation.
3.2 Payment
Payment for all products must be made exclusively via bank transfer. Upon receipt of the full payment amount, the shipment of the product(s) will be initiated.
4. Shipping and Handling
4.1 Shipping Conditions
Products will be shipped to the address provided during the order process. Please ensure that the shipping information is accurate and complete. We are not responsible for any errors or inaccuracies in the shipping information provided by you.
4.2 Shipping Fees
Shipping fees will be calculated and added to the total order amount at checkout. These fees are non-refundable.
4.3 Delivery Time
Delivery times are estimates and are not guaranteed. We are not responsible for any delays caused by the shipping carrier or other external factors beyond our control.
4.4 Post-Delivery Verification and Claim Procedure
Once the delivery has been made, you are required to immediately check if the delivery is complete and if the goods are damaged. Any claims must be promptly addressed to the transport company. You should also ensure that the delivered goods match your order. In case the goods do not conform to the order, you must inform our customer service by email.
5. Returns and Cancellations
5.1 Right of Withdrawal
You have the right to withdraw from the purchase within 14 days of receiving the product, without providing any reason. To exercise this right, you must notify us in writing (e.g., email) within the 14-day period.
5.2 Return Conditions
The product must be returned in its original condition and packaging. You are responsible for the cost of returning the product. Upon receipt and inspection of the returned product, we will process your refund. Please note that shipping fees are non-refundable.
6. Intellectual Property
6.1 Copyright
All content on the Site, including text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of Henry Wintermann or its content suppliers and is protected by international copyright laws.
The elements that appear on our website, without limitation—photographs, illustrations, logos, music, sounds, programs, texts, domain names, trademarks, information, graphics, and any other original element of our website—are the property of Henry Wintermann (or third parties who have granted us the corresponding rights of use) and are therefore protected by the rules of intellectual and industrial property.
Any reproduction, transmission, exploitation, use, modification, publication, processing, transformation, compilation, distribution, dissemination, or communication, in whole or in part, of the contents of the website is prohibited without the prior written consent of Henry Wintermann.
The use of our website is limited to private and personal use of its content, to the exclusion of any other purpose, always in compliance with the law.
6.2 Trademarks
The trademarks, logos, and service marks displayed on the Site are the property of Henry Wintermann or third parties. You are not permitted to use these marks without the prior written consent of the owner of the marks.
7. Liability
Our website, named “Henry Wintermann,” is designed and maintained to function properly and be accessible to users. However, certain events beyond our control may affect its availability, for which we cannot be held responsible. While we strive to make our online shopping site as efficient as possible, you understand that our services are provided “as is” and without any explicit or implied warranties.
7.1 Limitation of Liability
7.1.1 Use of the Site
The Site is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site.
7.1.2 Damages
To the fullest extent permitted by law, we disclaim all liability for any direct, indirect, incidental, punitive, and consequential damages arising from your use of the Site or any products purchased through the Site.
7.1.3 Operation and Accessibility
Henry Wintermann cannot be held liable for damages resulting from or potentially resulting from the use of the information, content, and programs integrated into our site, including but not limited to errors or omissions in the content, site unavailability, or the transmission of viruses or harmful programs. We take all necessary technical measures to prevent such incidents.
7.1.4 Links to Third-Party Sites
Our site may contain links to third-party websites over which we have no control and for which we disclaim any responsibility if their content violates applicable laws. The information available on Henry Wintermann is valid as of the date of its last update. We do not guarantee the absence of errors in access or content on the site, but we commit to correcting any errors as soon as they are detected or reported by a user.
7.1.5 User Responsibility
The user is responsible for the information provided to Henry Wintermann and its accuracy. In case of loss, theft, or fraudulent use of your access data, you must inform us immediately. Any direct or indirect action that could compromise the servers or the security of our website due to your negligence makes you solely responsible.
7.1.6 Legal Compliance
The user is required to comply with applicable laws and regulations, as well as the rules for using web applications. Any use contrary to good faith or current laws is prohibited.
7.1.7 Warranties and Corrective Measures
We do not guarantee that:
• The site will be secure or available continuously,
• Any errors will be corrected,
• The site will be free from viruses or other harmful elements,
• The results obtained will meet your expectations.
We reserve the right to take any measures we deem necessary in case of unavailability, malfunction, or error on our site, or in the event of force majeure. These measures may include, without limitation, the removal of products, cancellation of transactions, and termination of sales contracts.
7.1.8 Limitation of Liability
Except to the extent prohibited by law, Henry Wintermann disclaims all liability for damages resulting from:
• The use of our services or the website,
• The conclusion, execution, and/or termination of a sales contract by a user,
• The cancellation of a transaction by Henry Wintermann,
• Any errors resulting from automated translations,
• Any fraudulent use of the site,
• Third-party services and the acts and omissions of these third parties,
• The unavailability of our site or other technical errors.
8. Prohibition of Misuse
8.1 Legal and Authorized Use
By using this site, you agree not to:
• Use the site for illegal or unauthorized purposes.
• Violate any applicable local, national, or international laws, including but not limited to intellectual property laws, data protection laws, and e-commerce regulations.
• Transmit worms, viruses, spyware, malware, or any other destructive code.
• Attempt to gain unauthorized access to our systems or those of our partners, or disrupt or damage the proper functioning of the site.
• Use the site to harass, abuse, stalk, threaten, or otherwise violate the rights of any other party.
8.2 Consequences of Misuse
Any misuse of the site will result in the immediate suspension of your access to the site and may lead to legal action. We reserve the right to report any suspicious or unlawful activity to the relevant authorities and to fully cooperate with any investigation conducted by them.
8.3 User Responsibility
You are solely responsible for your use of the site and any direct or indirect consequences resulting from this use. You agree to indemnify, defend, and hold harmless Henry Wintermann, its officers, employees, partners, and agents from any claims or demands, including reasonable legal fees, arising from your misuse of the site or your violation of these Terms and Conditions.
9. Modification of Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically to ensure you are aware of any changes. Your continued use of the Site following the posting of changes constitutes your acceptance of the revised Terms.
10. Personal Data
10.1 Data Collection
The information collected during the order process is necessary for the management of the transaction and, for this purpose, may be communicated in whole or in part to Henry Wintermann service providers involved in the execution of the order.
10.2 Rights of Access, Rectification, and Deletion
In accordance with the “Data Protection Act,” the Customer has the right to access, rectify, and delete personal data concerning them. To exercise this right, the Customer can send an email to contact@henrywintermann.com.
10.3 Data Security
Henry Wintermann commits to taking all necessary precautions to ensure the security of its customers’ information and to prevent it from being altered, damaged, or accessed by unauthorized third parties.
11. Complaints
11.1 Filing a Complaint
Any complaint related to an order must be sent by the Customer via email to contact@henrywintermann.com, with in 14 days from the receipt of the products.
11.2 Resolution of Complaints
Henry Wintermann commits to responding to the Customer as promptly as possible and to finding an amicable solution to the dispute.
12. Archiving and Evidence
12.1 Archiving Orders and Invoices
Henry Wintermann will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions.
12.2 Proof of Transactions
The computerized records of Henry Wintermann will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
13. Cookies
13.1 Use of Cookies
When browsing the Henry Wintermann website, cookies may be installed on the Customer’s computer. Cookies facilitate navigation and improve the site’s usability.
13.2 Managing Cookies
The Customer can configure their browser to refuse cookies. However, refusing cookies may prevent access to certain features of the site.
14. Hypertext Links
14.1 External Links
The Henry Wintermann website may contain hypertext links to other websites. Henry Wintermann is not responsible for the content of these external sites and disclaims any liability regarding their content.
15. Force Majeure
15.1 Definition and Exemption
Henry Wintermann cannot be held liable for the non-execution or delay in the execution of any of its obligations under these Terms and Conditions due to a case of force majeure as defined by jurisprudence.
16. Partial Invalidity
16.1 Invalid Clauses
If one or more provisions of these Terms and Conditions are held to be invalid or declared as such in application of a law, regulation, or following a final decision by a competent court, the other provisions will retain their full force and scope.
17. Waiver
17.1 Non-Enforcement
The fact that one of the parties does not enforce a breach by the other party of any of the obligations referred to in these Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.
18. Entire Agreement
18.1 Complete Agreement
These Terms and Conditions express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer can be integrated into these Terms and Conditions.
18.2 Precedence of Terms and Conditions
In case of contradiction between these Terms and Conditions and any other document appearing on the Henry Wintermann website, the Terms and Conditions shall prevail.
19. Severability
If one or more provisions of the Terms of Use are null or invalid for any reason, this will not affect the validity of the other provisions of the Terms of Use, which will remain in force. We will replace the null and/or invalid parts with valid provisions, which will have similar legal consequences as far as possible, taking into account the content and purpose of the Terms of Use.
20. Governing Law
These Terms are governed by and construed in accordance with the laws, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts.
21. Contact
If you have any questions regarding these Terms, please contact us at contact@henrywintermann.com
Last Updated: July 13, 2024