Terms of service
OVERVIEW
Welcome to Frau Muschel – Curated Treasures! Throughout these Terms, the terms "we," "us," and "our" refer to Frau Muschel – Curated Treasures.
Frau Muschel – Curated Treasures operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the "Services") to provide you, the customer, with a personalized shopping experience. Our store is hosted on Shopify, which enables us to provide these Services to you.
These Terms and Conditions, together with the policies referenced herein (collectively referred to as the "Terms"), govern your access to and use of our Services and describe your rights and obligations when using them.
Please read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By accessing, browsing, interacting with, or using our Services, you agree to be bound by these Terms and by our Privacy Policy [https://fraumuschel-curatedtreasures.com/policies/privacy-policy]. If you do not agree to these Terms or our Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you have reached the age of majority in your state, province, or country of residence. You also confirm that you have given your consent for any minor dependents to use the Services on devices that you own, purchase, or manage.
To access or use our Services, including browsing our online store or purchasing products or services, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal right to provide such information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person or entity.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to display our products and services in our online store as accurately as possible. However, we cannot guarantee that the colors, appearance, or other visual aspects of our products displayed on your device will exactly match the actual products, as display settings and device configurations may vary.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or precisely match the images and descriptions displayed in our online store.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Notice Regarding Our Jewelry
All coral necklaces offered in our store are genuine vintage or antique jewelry.
These pieces are pre-owned, and many are several decades old.
Signs of age, such as minor wear, patina, natural irregularities, or other age-related characteristics, may be present and contribute to the authenticity and unique character of each individual piece.
Our jewelry is not sold as new. Please refer carefully to the individual product description and photographs before purchasing.
Most of the jewelry we offer consists of vintage or pre-owned items. Material descriptions are provided to the best of our knowledge and belief. Unless expressly stated otherwise, no gemological examination or wildlife trade assessment (including CITES verification) has been carried out.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase our products or services. Frau Muschel – Curated Treasures reserves the right to accept or decline any order at its sole discretion and for any reason.
Your order is considered accepted only after it has been confirmed by Frau Muschel – Curated Treasures. Acceptance of your order is subject to successful receipt and processing of your payment.
Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been accepted.
If we are unable to accept, modify, or cancel your order, we will make reasonable efforts to notify you using the email address, billing address, and/or telephone number provided when placing your order.
Returns and exchanges are governed exclusively by our Refund Policy: https://fraumuschel-curatedtreasures.com/policies/refund-policy.
You represent and warrant that any purchases made through our Services are intended for your personal or household use only and are not intended for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotional offers are subject to change without prior notice.
The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email.
Unless expressly stated otherwise, all prices displayed in our online store exclude taxes, shipping charges, handling fees, customs duties, import fees, and similar charges, which may be added where applicable.
Prices displayed in our online store may differ from prices offered in physical stores or on websites operated by third parties.
From time to time, we may offer promotions that are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate billing, payment, and account information for all purchases made through our Services. You also agree to promptly update your account information, including your email address, payment details, and payment card expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that:
(i) the payment information you provide is true, accurate, and complete;
(ii) you are authorized to use the payment method provided;
(iii) all charges incurred will be honored by your payment provider; and
(iv) you will pay all charges incurred at the prices in effect, including applicable shipping, handling fees, taxes, and other charges.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays.
All delivery times are estimated only and are not guaranteed.
We are not liable for delays caused by shipping carriers, customs processing, or events beyond our reasonable control.
Ownership of, and risk of loss for, the products pass to you once the products have been handed over to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, descriptions, images, graphics, product reviews, videos, audio recordings, and their design, selection, and arrangement, are the property of Frau Muschel – Curated Treasures, its affiliates, or its licensors, and are protected by applicable copyright, trademark, patent, and other intellectual property laws in Germany and other jurisdictions.
These Terms grant you a limited right to use the Services solely for your personal, non-commercial use. Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content available through our Services.
Nothing contained in these Terms grants you any license or other rights to any patents, trademarks, copyrights, or other intellectual property belonging to Frau Muschel – Curated Treasures, Shopify, or any third party, except where expressly stated. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Frau Muschel – Curated Treasures.
The names, logos, product names, service names, designs, and slogans of Frau Muschel – Curated Treasures are trademarks of Frau Muschel – Curated Treasures, its affiliates, or licensors and may not be used without our prior written consent.
The name Shopify, its logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing within the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor, control, nor influence.
You acknowledge and agree that such tools are provided "as is" and "as available", without any warranties, representations, conditions, or endorsements of any kind. We accept no liability arising from or relating to your use of optional third-party tools.
Your use of any optional tools made available through our Services is entirely at your own risk and discretion. It is your responsibility to review and agree to the terms and conditions provided by the respective third-party providers before using such tools.
We may also introduce new features, tools, or resources in the future. Any such additions shall be considered part of the Services and will also be governed by these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain materials, embedded content, or links to websites operated by third parties.
We are not responsible for reviewing or evaluating the content, accuracy, or reliability of any third-party websites or materials. If you choose to access third-party websites through links provided in our Services, you do so entirely at your own risk.
We shall not be liable for any damages, losses, or claims arising from your access to, purchase from, or use of any third-party websites, products, services, resources, or content.
Before engaging in any transaction with a third party, you should carefully review their policies, terms, and practices to ensure that you understand them. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Frau Muschel – Curated Treasures uses the Shopify platform to provide its online store and Services.
However, all purchases and sales made through our online store are concluded directly between you and Frau Muschel – Curated Treasures.
By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Frau Muschel – Curated Treasures, including any injury, damage, loss, or claim arising from products or services purchased through our store.
You hereby expressly release Shopify and its affiliates from any liability arising out of or relating to your purchases and transactions with Frau Muschel – Curated Treasures.
SECTION 10 – PRIVACY POLICY
Any personal information we collect through our Services is governed by our Privacy Policy, which is available here: https://fraumuschel-curatedtreasures.com/policies/privacy-policy.
Certain personal information may also be subject to Shopify's Privacy Policy, Shopify's Privacy Policy, available at: https://www.shopify.com/legal/privacy.
By using our Services, you acknowledge that you have read and understood these privacy policies.
Because our Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve those Services.
Information you submit through our Services may be shared with Shopify and with third-party service providers, some of whom may be located outside your country of residence, where necessary to provide the Services.
For more information about how Frau Muschel – Curated Treasures, Shopify, and our service providers process personal data, please refer to our Privacy Policy https://fraumuschel-curatedtreasures.com/policies/privacy-policy.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide us with ideas, suggestions, recommendations, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant Frau Muschel – Curated Treasures a perpetual, worldwide, royalty-free, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback in any medium and for any lawful purpose, including commercial purposes.
For example, we may use your Feedback to operate, improve, evaluate, promote, and develop our Services or to exercise our rights and fulfill our obligations under these Terms.
You represent and warrant that:
(i) you own the Feedback or have all necessary rights to submit it;
(ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to:
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keep any Feedback confidential;
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provide compensation for any Feedback; or
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respond to any Feedback.
We reserve the right, but are under no obligation, to monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, abusive, threatening, defamatory, obscene, infringing, or otherwise objectionable, or that violates these Terms or the intellectual property rights of any third party.
You further represent and warrant that your Feedback does not infringe upon the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights.
Your Feedback must not contain defamatory, unlawful, abusive, or obscene material, nor may it contain viruses, malware, or other harmful code that could affect the operation of our Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback.
You are solely responsible for the content and accuracy of any Feedback you submit. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information available through our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability.
We reserve the right to correct any errors, inaccuracies, or omissions, to update or change information, or to cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use our Services only for lawful purposes.
You agree not to use, or attempt to use, the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable international, national, regional, state, or local law or regulation;
(c) to infringe upon or violate our intellectual property rights or those of any third party;
(d) to harass, abuse, insult, harm, defame, intimidate, threaten, or discriminate against us, our employees, or any other person;
(e) to submit false or misleading information;
(f) to upload, transmit, receive, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or facilitate the transmission of unsolicited advertising or promotional material, including spam, junk mail, chain letters, or similar communications;
(h) to impersonate or attempt to impersonate any individual or entity; or
(i) to engage in any activity that, in our sole discretion, restricts or interferes with another person's use of the Services or may expose Frau Muschel – Curated Treasures, Shopify, or other users to harm or liability.
You further agree not to:
(a) upload or transmit viruses, malware, or other harmful code that could interfere with the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our prior written permission;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling, scraping, or similar activities; or
(e) interfere with or circumvent the security features of the Services, related websites, or the Internet.
We reserve the right to suspend, restrict, disable, or terminate your account at any time and without prior notice if we determine that you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to all or part of the Services at any time, with or without notice, at our sole discretion.
Termination does not relieve you of your obligation to pay any outstanding amounts due up to the effective date of termination.
The following provisions shall survive termination of this agreement:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which, by their nature, are intended to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided through our Services is intended for general informational purposes only. While we strive to keep the information accurate and up to date, we make no representations or warranties regarding its accuracy, completeness, reliability, or usefulness.
Any reliance you place on such information is entirely at your own risk. We disclaim all liability arising from any reliance placed on the information contained within our Services.
UNLESS EXPRESSLY STATED OTHERWISE BY FRAU MUSCHEL – CURATED TREASURES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion or limitation of certain implied warranties. In such cases, the above exclusions may not apply to you to the extent prohibited by applicable law.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRAU MUSCHEL – CURATED TREASURES, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or relating to your use of the Services or any products purchased through the Services.
This limitation also applies to any claims relating to errors or omissions in any content, or to any loss or damage arising from the use of the Services or any content or products made available through the Services, even if advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Frau Muschel – Curated Treasures, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or relating to:
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your breach of these Terms or any documents incorporated by reference;
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your violation of any applicable law or the rights of a third party; or
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your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced by such delay.
We reserve the right to control the defense and settlement of any such claim at your expense, including the selection of legal counsel. We will not settle any claim imposing non-monetary obligations upon you without your prior consent, which shall not be unreasonably withheld.
You agree to cooperate fully in the defense of any such claim, including by providing relevant information and documentation.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.
SECTION 19 – NO WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules published by us on this website or relating to the Services, constitute the entire agreement between you and Frau Muschel – Curated Treasures regarding your use of the Services.
They supersede all prior or contemporaneous agreements, communications, negotiations, and proposals, whether oral or written, including any previous versions of these Terms.
Any ambiguity in the interpretation of these Terms shall not be construed against the party responsible for drafting them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.
We may assign, transfer, delegate, or otherwise transfer these Terms and our rights and obligations under them without your consent or prior notice.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the competent courts at the registered place of business of Frau Muschel – Curated Treasures, unless mandatory consumer protection laws provide otherwise.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and shall not affect the interpretation or construction of these Terms.
SECTION 23 – CHANGES TO THESE TERMS
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website.
It is your responsibility to check this page periodically for changes. We will notify you of any material changes to these Terms where required by applicable law.
Such changes will become effective on the date specified in the relevant notice.
Your continued access to or use of our Services after any changes have been posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us at:
Frau Muschel – Curated Treasures
Email: Frau-Muschel-An-und-Verkauf@protonmail.com
Hölkeskampring 147
44625 Herne
Germany
