Terms of service
TERMS & CONDITIONS
DeBÍ TiRAR MáS FOToS EuROpE
Last updated: [DATE]
These Terms & Conditions (“Terms”) govern your access to and use of the DeBÍ TiRAR MáS FOToS EuROpE online store, website, and related services (collectively, the “Store”), as well as purchases made through the Store.
Please read these Terms carefully before placing an order.
By placing an order through the Store, you agree to these Terms. Nothing in these Terms excludes or limits any mandatory consumer rights that cannot legally be excluded or limited.
1. ABOUT US
DeBÍ TiRAR MáS FOToS EuROpE is an online storefront operated by:
IVS GmbH
[REGISTERED ADDRESS]
[POSTAL CODE, CITY]
Germany
Commercial Register: [REGISTER / REGISTRATION NUMBER]
Managing Director(s): [NAME(S)]
VAT ID: [VAT ID]
Customer Service Email: [CUSTOMER SERVICE EMAIL]
For purposes of purchases made through the Store, the seller and contractual party is IVS GmbH, unless expressly stated otherwise before purchase.
References in these Terms to “DeBÍ TiRAR MáS FOToS EuROpE,” “IVS,” “we,” “us,” and “our” refer to IVS GmbH in its capacity as operator and seller through the Store.
2. SCOPE OF THESE TERMS
These Terms apply to purchases of merchandise and other physical products offered through the Store and to your use of the Store.
If you are purchasing primarily for purposes outside your trade, business, craft, or profession, you are considered a consumer for purposes of applicable consumer-protection law.
If mandatory consumer-protection laws in your country provide rights that are more favorable to you than these Terms, those mandatory rights remain unaffected.
Separate terms may apply to specific promotions, products, services, or campaigns. Where such additional terms apply, they will be disclosed before purchase.
3. ELIGIBILITY TO PURCHASE
You must have the legal capacity under applicable law to enter into a binding purchase contract.
If you are under the age required to enter into a binding contract in your country, an order must be placed by or with the authorization of a parent or legal guardian where required by law.
You are responsible for ensuring that information provided when placing an order is accurate and complete.
4. PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to display product descriptions, photographs, colors, dimensions, sizing information, materials, and other characteristics as accurately as possible.
However:
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Colors may appear differently depending on your screen or device;
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Handmade, printed, dyed, washed, distressed, or similarly manufactured products may have minor variations;
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Measurements may vary slightly within reasonable manufacturing tolerances; and
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Product packaging may change from time to time.
These reasonable variations do not affect your statutory rights where a product is defective, materially different from its description, or otherwise does not conform to the contract.
You should review applicable sizing information before ordering apparel.
5. PRODUCT AVAILABILITY
All products are subject to availability.
Adding an item to your cart does not reserve that item.
Certain merchandise may be produced in limited quantities and may sell out.
We may establish reasonable purchase limits for individual products, releases, or customers in order to promote fair access to limited merchandise and prevent fraudulent, automated, or unauthorized resale activity.
Where permitted by law, we may refuse an order before accepting it if:
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The product is unavailable;
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Payment authorization is unsuccessful;
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We reasonably suspect fraud or unauthorized activity;
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An order violates a disclosed purchase limit;
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There is an obvious pricing or product-information error; or
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We cannot lawfully fulfill the order.
If payment has already been collected for an order that we do not accept, the applicable amount will be refunded.
6. HOW THE CONTRACT IS FORMED
Products displayed through the Store generally constitute an invitation for customers to submit an order and do not themselves constitute a binding offer by IVS GmbH.
By completing checkout and selecting the button indicating that the order involves an obligation to pay, you submit a binding offer to purchase the products in your order.
After submitting your order, you will normally receive an automated email acknowledging receipt of the order.
Unless that communication expressly states that we have accepted your order, an automated acknowledgment of receipt does not by itself constitute acceptance.
A purchase contract is formed when we:
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Send you an order acceptance or shipping confirmation; or
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Otherwise expressly confirm acceptance of your order,
whichever occurs first.
If your payment method is charged or captured before acceptance and we subsequently decline your order, the applicable payment will be refunded.
7. ORDER INFORMATION AND CORRECTIONS
Before submitting an order, you will have an opportunity to review your cart and correct relevant information.
Please check carefully:
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Product;
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Quantity;
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Size;
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Shipping address;
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Billing information;
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Delivery method; and
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Contact information.
You are responsible for providing a complete and accurate delivery address.
If you discover an error after submitting an order, contact Customer Service as soon as possible.
We cannot guarantee that an order can be changed after it has entered fulfillment.
Your statutory cancellation and withdrawal rights remain unaffected.
8. PRICES
Prices displayed through the Store are shown in the currency indicated on the Store.
Where required by applicable law, consumer prices include applicable VAT or similar mandatory taxes.
Shipping charges and any other applicable charges will be disclosed before you submit an order.
The total amount payable will be displayed during checkout before you place the order.
Where applicable law requires the Store to display a prior reference price when announcing a price reduction, we will calculate and display that reference price in accordance with applicable law.
Promotional codes:
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Must be entered in accordance with the applicable promotion;
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May be subject to expiration dates and other restrictions;
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May not be transferable or redeemable for cash unless required by law;
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May not normally be combined unless expressly stated; and
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May be cancelled where obtained or used fraudulently.
Statutory rights are not affected by whether merchandise was purchased at full price, discounted, or during a promotion.
9. PAYMENT
Available payment methods will be displayed during checkout.
Payments may be processed by third-party payment providers.
By submitting payment information, you confirm that you are authorized to use the applicable payment method.
We may conduct or permit our payment providers to conduct reasonable fraud-prevention and payment-verification checks.
If payment cannot be authorized, your order may not be accepted.
You remain responsible for any charges legitimately imposed by your payment provider, bank, or card issuer that are outside our control.
10. DELIVERY TERRITORIES
We deliver only to destinations made available through the Store at checkout.
Available countries and delivery methods may change.
We are not required to offer delivery to every European country or territory.
Where we offer delivery to a destination, applicable delivery charges and available delivery methods will be shown before the order is submitted.
11. SHIPPING AND DELIVERY
Estimated delivery or dispatch information shown on product pages, during checkout, or in an order confirmation should be reviewed before purchase.
Unless another delivery period has been agreed with you, orders will be delivered in accordance with applicable consumer law.
Where products are shipped using a carrier selected or offered by us, the risk of accidental loss or damage generally remains with us until the products are physically received by you or a person designated by you.
If a shipment appears lost, damaged, or materially delayed, please contact Customer Service.
We may ship products in separate packages where reasonably necessary.
You will not be charged additional shipping fees for a split shipment unless this was expressly agreed before purchase.
12. PRE-ORDERS, MADE-TO-ORDER PRODUCTS AND LIMITED RELEASES
Certain merchandise may be offered as:
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Pre-order merchandise;
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Made-to-order merchandise;
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Limited-release merchandise; or
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Merchandise with a future production or fulfillment date.
If a product is a pre-order or has an extended production period, this will be disclosed on the relevant product page or during checkout.
The disclosed dispatch or delivery period becomes part of the expected fulfillment terms for that product.
For example, a product may state:
“Expected to ship within 6–8 weeks.”
By ordering that product, you acknowledge the disclosed production or delivery timeframe.
If circumstances materially delay a pre-order beyond the disclosed timeframe, we may provide you with an updated estimated timeframe and any rights available to you under applicable law.
A product being described as limited edition, exclusive, pre-order, or made only after orders are collected does not by itself eliminate mandatory consumer withdrawal rights.
Any statutory exception to a withdrawal right will apply only where the legal requirements for that exception are actually satisfied, such as where a product is genuinely made to the consumer's individual specifications or clearly personalized.
If an order contains both immediately available and pre-order merchandise, we may:
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Ship the products separately; or
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Hold available merchandise until the pre-order merchandise is ready,
depending on the fulfillment method disclosed at checkout or in connection with the products.
13. IMPORT DUTIES AND CUSTOMS
For deliveries within the European Union, applicable VAT and tax treatment will be handled as required by law.
For deliveries outside the applicable EU customs territory, including certain non-EU European destinations, import duties, customs charges, import VAT, or similar charges may apply.
Unless checkout expressly states that such charges are included, these charges may be assessed by the destination country and may be the responsibility of the customer.
Where we offer a delivery service under which duties and taxes are prepaid or included, this will be indicated during checkout.
Customers are responsible for providing information reasonably required for customs clearance.
Nothing in this section permits us to impose undisclosed mandatory charges contrary to applicable consumer law.
14. EU/EEA RIGHT OF WITHDRAWAL
If you are a consumer entitled to a statutory right of withdrawal under applicable EU or EEA law, you generally have the right to withdraw from an eligible online purchase without giving a reason.
Withdrawal Period
For purchases of goods, the withdrawal period generally expires 14 days after the day on which you, or a third party designated by you other than the carrier, receives the goods.
Where multiple goods forming one order are delivered separately, the period generally begins when the last applicable item is received.
How to Exercise Your Right
To exercise your right of withdrawal, you must clearly inform us of your decision to withdraw before the withdrawal period expires.
You may contact:
IVS GmbH / DeBÍ TiRAR MáS FOToS EuROpE
[RETURN / CONTACT ADDRESS]
Email: [RETURNS EMAIL]
You may use the Model Withdrawal Form included at the end of these Terms, but using that form is not mandatory.
Where the Store provides an electronic withdrawal function, you may also exercise your right through that function.
If you exercise withdrawal electronically through the Store's withdrawal function, we will provide electronic acknowledgment of receipt in accordance with applicable law.
15. RETURNING PRODUCTS AFTER WITHDRAWAL
After notifying us that you are exercising a statutory withdrawal right, you must return the affected merchandise within the period required by applicable law.
Unless we have expressly agreed to bear the cost of return shipping, you are responsible for the direct cost of returning merchandise when exercising the ordinary statutory withdrawal right.
This does not apply where products are returned because they are defective, damaged, incorrect, or otherwise non-conforming and applicable law requires us to bear return costs.
Products should be returned to:
DeBÍ TiRAR MáS FOToS EuROpE Returns
c/o IVS GmbH
[RETURN ADDRESS]
Please use appropriate packaging to protect returned products.
A return authorization or return portal may be provided to simplify processing, but failure to use an optional return procedure does not eliminate a statutory withdrawal right where the consumer has otherwise validly exercised that right.
16. CONDITION OF RETURNED GOODS
You may inspect products in the same manner that would reasonably be possible in a retail store.
You may be responsible for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product, to the extent permitted by applicable law.
For apparel, reasonable inspection may generally include removing the product from its packaging and trying it on carefully.
Returned products should therefore, where reasonably possible, be:
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Clean;
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Unwashed;
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Unworn beyond reasonable fitting;
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Free of avoidable damage;
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Returned with included accessories; and
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Returned with original tags and packaging where still available.
The absence of original packaging alone does not automatically eliminate statutory rights.
17. REFUNDS FOLLOWING STATUTORY WITHDRAWAL
Where you validly exercise a statutory withdrawal right, we will refund payments required to be refunded under applicable law.
For an EU statutory withdrawal, this generally includes:
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The purchase price of the returned merchandise; and
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The cost of the least expensive standard delivery option offered for the original order, where applicable.
If you chose a more expensive delivery method, such as express shipping, we are not required to refund the additional amount above the cost of our standard delivery option where applicable law permits.
Refunds will ordinarily be made using the same payment method used for the original transaction unless another method is expressly agreed and does not result in additional fees to you.
We may withhold reimbursement until we receive the returned goods or you provide sufficient evidence that they have been sent back, where applicable law permits us to do so.
18. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
Statutory withdrawal rights may not apply to certain products where an exception under applicable law applies.
Examples may include:
Clearly Personalized Goods
Products manufactured according to your individual specifications or clearly personalized for you.
This exception does not automatically apply merely because merchandise is:
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A pre-order;
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Produced in limited quantities;
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Manufactured after an order is placed; or
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Described as exclusive.
Sealed Health or Hygiene Products
Certain sealed products that are not suitable for return for health-protection or hygiene reasons after the seal has been removed, where the statutory requirements for this exception are satisfied.
Other Statutory Exceptions
Other exceptions may apply where specifically provided by applicable law.
Where an exception applies to a particular product, we will provide relevant information where required before purchase.
19. VOLUNTARY RETURN POLICIES
From time to time, we may provide a return policy that is more generous than the minimum required by law.
Any voluntary return program is provided in addition to your statutory rights and does not replace or reduce those rights.
Specific conditions applicable to voluntary returns may be stated in our Return Policy.
20. DEFECTIVE, DAMAGED OR INCORRECT PRODUCTS
Your statutory conformity and warranty rights remain fully applicable.
If you receive a product that is:
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Defective;
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Damaged;
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Incorrect;
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Missing components; or
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Materially different from the product agreed upon,
please contact Customer Service and provide reasonable information concerning the issue.
Where required by applicable law, remedies may include:
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Repair;
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Replacement;
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Price reduction; or
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Termination of the contract and refund.
The remedy available will depend on the circumstances and applicable law.
Consumers purchasing new goods within the European Union have the applicable statutory legal guarantee rights provided by EU and national consumer law.
Any commercial warranty offered by a manufacturer or other party is additional to, and does not reduce, your statutory rights against the seller.
Where we are responsible for a defective or non-conforming product, we will bear costs that applicable law requires the seller to bear, including applicable return or replacement shipping costs.
21. LOST OR DAMAGED SHIPMENTS
If a carrier selected by us loses or damages an order before it has been delivered to you, please contact Customer Service.
We may investigate the shipment with the carrier.
Where we bear the transportation risk under applicable consumer law, carrier loss or damage does not eliminate our obligations to you.
Depending on the circumstances and applicable law, we may arrange:
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Replacement;
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Re-delivery; or
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Refund.
22. FAILED DELIVERY AND INCORRECT ADDRESSES
Please provide accurate shipping information.
If delivery cannot be completed because:
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You provided an incorrect or incomplete address;
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You refuse delivery without exercising an applicable legal right;
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You fail to collect a parcel after reasonable carrier notification; or
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Another circumstance attributable to you prevents delivery,
we may charge reasonable additional costs actually incurred as a result where permitted by law.
This does not affect any statutory rights you may have.
23. ORDER CANCELLATION BY IVS GMBH
After a contract has been formed, we will not cancel an order arbitrarily.
We may cancel or terminate a contract where permitted by applicable law, including where performance becomes impossible, unlawful, fraudulent, or affected by another legally sufficient ground.
If we cancel an order for which you have already paid and we are not entitled to retain the payment, we will provide the applicable refund.
24. RESELLING AND COMMERCIAL PURCHASES
The Store is primarily intended for purchases by end customers.
For limited releases, we may impose reasonable quantity limits disclosed through the Store.
Use of bots, automated purchasing systems, fraudulent accounts, false identities, or other mechanisms designed to circumvent purchase limits may result in orders being rejected before acceptance or otherwise handled as permitted by applicable law.
Nothing in this section allows us to remove mandatory rights from a person who qualifies as a consumer under applicable law.
25. INTELLECTUAL PROPERTY
The Store and its contents may include:
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Trademarks;
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Trade names;
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Artist names;
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Album names;
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Logos;
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Photographs;
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Product designs;
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Artwork;
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Graphics;
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Video;
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Audio;
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Text;
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Software; and
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Other protected materials.
Such materials may be owned by IVS GmbH, licensors, artists, record labels, designers, photographers, commercial partners, or other respective rights holders.
Relevant intellectual-property rights are reserved by their respective owners.
Where applicable, protected names, images, artwork, designs, or other materials are used by IVS GmbH under authorization or license.
Purchasing merchandise does not transfer intellectual-property rights in any artwork, trademark, design, photograph, logo, or other protected material embodied in or associated with the product.
You may not reproduce, distribute, commercially exploit, modify, scrape, republish, or create unauthorized derivative works from Store content except as permitted by applicable law or with authorization from the relevant rights holder.
26. ACCEPTABLE USE OF THE STORE
You may not intentionally use the Store to:
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Commit fraud;
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Conduct unlawful activity;
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Introduce malicious software or code;
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Attempt unauthorized access to systems or accounts;
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Interfere with Store security;
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Scrape or extract information through prohibited automated means;
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Impersonate another person;
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Circumvent purchase restrictions through deceptive means; or
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Infringe third-party intellectual-property or other legal rights.
We may take reasonable measures to protect the Store and its users from abuse, subject to applicable law.
27. WEBSITE AVAILABILITY
We aim to keep the Store reasonably available and accurate.
However, websites and online services may occasionally be unavailable because of:
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Maintenance;
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Updates;
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Technical failures;
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Hosting interruptions;
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Network outages;
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Cybersecurity incidents; or
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Events outside our reasonable control.
Nothing in this section limits rights arising from an accepted purchase contract or other mandatory consumer rights.
28. THIRD-PARTY SERVICES
The Store may rely on or link to third-party services, including payment providers, shipping providers, social networks, e-commerce technology providers, and other services.
Third parties may have their own terms and privacy policies.
Where a third party provides a service directly to you under a separate agreement, its terms may apply to that separate service.
This does not remove IVS GmbH's responsibilities as seller where applicable law makes us responsible to you.
29. PRIVACY
Personal data is processed in accordance with the DeBÍ TiRAR MáS FOToS EuROpE Privacy Policy and applicable data-protection law.
Please review the Privacy Policy for information about how IVS GmbH collects, uses, discloses, stores, and otherwise processes personal data.
Cookie and tracking choices may also be available through the Store's cookie preference tools.
30. LIABILITY
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
In particular, nothing in these Terms limits or excludes liability for:
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Intentional misconduct;
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Gross negligence;
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Death or personal injury caused by negligence or other legally attributable conduct;
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Fraudulent concealment;
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Liability under mandatory product-liability law;
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Breach of an expressly assumed guarantee where liability cannot legally be excluded; or
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Other liability that cannot lawfully be excluded or limited.
Where permitted under applicable German law, in cases of ordinary negligence IVS GmbH's liability may be limited to breaches of material contractual obligations whose performance is necessary for proper execution of the contract and on whose performance the customer may ordinarily rely.
In such cases, liability may be limited to losses that were reasonably foreseeable and typical for this type of contract, to the extent permitted by law.
These limitations do not reduce mandatory consumer rights.
31. EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not responsible for delays or failures caused by events outside our reasonable control to the extent permitted by applicable law.
Examples may include:
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Natural disasters;
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War;
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Terrorism;
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Civil disturbances;
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Government restrictions;
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Widespread transportation interruptions;
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Major carrier disruptions;
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Strikes outside our organization;
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Epidemics;
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Major telecommunications failures; or
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Significant infrastructure or power outages.
We will take reasonable steps to minimize the effect of such events.
This section does not permit us to retain customer payments where applicable law requires cancellation or reimbursement.
32. CHANGES TO THESE TERMS
The Terms applicable to your purchase are generally those made available to you when the order was placed.
We may modify these Terms for future use of the Store or future orders to reflect:
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Changes to applicable law;
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Changes to the Store;
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Changes to our commercial operations;
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New services or functionality; or
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Other legitimate reasons.
Changes will not retroactively remove contractual or statutory rights relating to previously completed purchases.
The current version will be made available through the Store.
33. SEVERABILITY
If a provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
Any invalid provision will be treated in accordance with applicable statutory law rather than interpreted in a manner that improperly reduces mandatory consumer rights.
34. NO WAIVER
If we do not immediately enforce a provision of these Terms, that does not necessarily mean that we waive the right to enforce it later.
Mandatory rights of either party remain unaffected.
35. GOVERNING LAW
These Terms and contracts entered into through the Store are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), where that exclusion is legally effective.
However, if you are a consumer habitually resident in another country, this choice of German law does not deprive you of mandatory consumer protections granted by the law that would otherwise apply to you.
36. JURISDICTION
Nothing in these Terms restricts a consumer's right to bring proceedings in any court available to the consumer under mandatory applicable law.
Where European consumer-jurisdiction rules apply, a consumer may have the right to bring proceedings in the courts of the consumer's country of residence.
Any exclusive jurisdiction provision applies only where legally valid, including in appropriate transactions with business customers.
37. CONSUMER DISPUTE RESOLUTION
IMPORTANT — COMPLETE THIS SECTION BEFORE PUBLISHING
IVS GmbH must determine whether it is willing or legally required to participate in dispute-resolution proceedings before a German consumer arbitration body.
Use the applicable statement:
OPTION A — If IVS does not participate:
IVS GmbH is neither willing nor obligated to participate in dispute-resolution proceedings before a consumer arbitration board, except where participation is required by applicable law.
OPTION B — If IVS participates or is required to participate:
IVS GmbH participates in dispute-resolution proceedings before the following consumer arbitration body:
[NAME OF ARBITRATION BODY]
[ADDRESS]
[WEBSITE]
Further information may be obtained from that body.
38. LANGUAGE
These Terms may be provided in more than one language.
Where legally permitted, the English version is used as the reference version for interpretation.
However, this does not override any mandatory language requirements or mandatory consumer protections applicable in the consumer's country.
39. CONTACT
For questions regarding orders, deliveries, products, returns, or these Terms, contact:
DeBÍ TiRAR MáS FOToS EuROpE
Operated by IVS GmbH
[REGISTERED ADDRESS]
[POSTAL CODE, CITY]
Germany
Email: [CUSTOMER SERVICE EMAIL]
Returns: [RETURNS EMAIL, IF DIFFERENT]
ANNEX 1 — WITHDRAWAL INSTRUCTIONS
Right of Withdrawal
If you are entitled to a statutory withdrawal right, you have the right to withdraw from the contract within fourteen days without giving any reason.
For a standard purchase of goods, the withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, receives the goods.
To exercise your right of withdrawal, you must inform:
IVS GmbH / DeBÍ TiRAR MáS FOToS EuROpE
[ADDRESS]
Email: [EMAIL]
of your decision to withdraw from the contract through a clear statement, for example by email or letter.
You may use the Model Withdrawal Form below, but use of that form is not mandatory.
You may also use the electronic withdrawal function available through the Store where provided.
To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
If you withdraw from the contract, we will reimburse payments that must be reimbursed under applicable law, including eligible standard delivery costs.
We will make reimbursement without undue delay and within the timeframe required by applicable law.
Unless otherwise agreed, reimbursement will be made using the same means of payment used for the original transaction.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever occurs first, where permitted by applicable law.
You must return the goods without undue delay and within the legally applicable return period following notification of withdrawal.
You bear the direct cost of returning the goods unless we have agreed to bear that cost or applicable law requires otherwise.
You are responsible only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
ANNEX 2 — MODEL WITHDRAWAL FORM
Complete and return this form only if you wish to withdraw from the contract.
To:
IVS GmbH / DeBÍ TiRAR MáS FOToS EuROpE
[ADDRESS]
[EMAIL]
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods:
Product(s):
Order number:
Ordered on:
Received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
(Only required if this form is submitted on paper.)
Date: