Agreement to Terms of Use

These Terms and Conditions of Use (the’Terms of Use’) apply to the web site located at createdbygabe.com. The Site is the property of Gabriel Holzner.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE IF YOU DO NOT AGREE, DO NOT USE THE SITE.

createdbygabe.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, createdbygabe.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such content, contained on the site is owned, controlled or licensed by Gabriel Holzner, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Gabriel Holzner’s express prior written consent.

Shipping & Delivery

Packages typically arrive within 7-14 days from the date we receive the payment of the order. If the order is not delivered within 30 days from the date createdbygabe.com/shop received the payment, consumer is entitled to cancel the order. Then createdbygabe.com is obliged to refund the payment within 30 days. Products are shipped directly from Germany.

IMPORTANT – If a package is returned to Germany because the buyer did not claim the package, createdbygabe.com does not send replacements.
createdbygabe.com is not responsible for any actions taken by customs on your package during delivery. createdbygabe.com has no control over this.
Buyer is responsible for any customs charges that may be applied to your package. Customs determines these charges, and createdbygabe.com has no way of knowing what these charges may be.

Return & Exchange Policy

Due to the small nature of the shop and and the limited quantities of each product, we currently do not accept returns on any products sold. Please carefully review the product description, sizes and colors and email any questions before making a final purchase.

When a product shows factory defects or if we shipped the wrong color or size or any other fault on our part please send an email to hello@createdbygabe.com. We will pay for the transport costs in the form of a refund. If you choose to use an untrackable shipping method, we cannot be held responsible for packages lost in the transport.

Security

createdbygabe.com/shop reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will createdbygabe.com/shop be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if createdbygabe.com has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold createdbygabe.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against createdbygabe.com by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

createdbygabe.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) createdbygabe.com rights or property, or the rights or property of visitors to or users of the Site, including createdbygabe.com’s customers. createdbygabe.com reserves the right at all times to disclose any information that createdbygabe.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. createdbygabe.com also may disclose your information when createdbygabe.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that createdbygabe.com may preserve any transmittal or communication by you with createdbygabe.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or createdbygabe.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of createdbygabe.com, its employees, users of or visitors to the Site, and the public.

You agree that createdbygabe.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to createdbygabe.com, for which monetary damages would be inadequate, and you consent to createdbygabe.com obtaining any injunctive or equitable relief that createdbygabe.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies createdbygabe.com may have at law or in equity.

You agree that createdbygabe.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If createdbygabe.com does take any legal action against you as a result of your violation of these Terms of Use, createdbygabe.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to createdbygabe.com. You agree that createdbygabe.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Germany. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between createdbygabe.com/shop and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited

createdbygabe.com administers and operates the createdbygabe.com Site from its location in Munich, Germany. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations.
createdbygabe.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

Privacy Prevention

createdbygabe.com and createdbygabe.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Imprint

createdbygabe.com is operated by:
Gabriel Holzner
Nordendstrasse 23
80801 Munich
Germany
hello@createdbygabe.com
www.createdbygabe.com

Gabriel Holzner is registered in Germany.
VAT: DE274788841

Effective May 2017

The information contained in this website is subject to change without notice.