AGB
TERMS AND CONDITIONS
OVERVIEW
Welcome to emsforms! The terms “we,” “us,” and “our” refer to emsforms. emsforms operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). emsforms is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with any policies referred to herein (collectively, these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our Services or interacting with our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy https://www.emsforms.de/policies/privacy-policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing the products and services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your login credentials and for all activities conducted through your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from their representation on your screen depending on the type of device you use to access the store and your device's settings and configuration.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or correspond exactly to the images or representations displayed in our online stores.
All product descriptions may be changed 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 products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. emsforms reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until emsforms confirms acceptance.
We must receive and process your payment before your order can be accepted. Please carefully review your order before submitting it, as emsforms may no longer be able to accommodate cancellation requests after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed.
Returns or exchanges of your purchases are governed exclusively by the provisions of our Right of Withdrawal Policy https://www.emsforms.de/policies/refund-policy.
You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time the order is placed and will be stated in your order confirmation email.
Unless expressly stated otherwise, the prices displayed do not include taxes, shipping costs, handling fees, customs duties, or import charges.
The prices displayed in our online stores may differ from prices in our physical stores or in online stores and other stores operated by third parties.
We may offer promotions related to our Services from time to time that affect pricing and may be subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores.
You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are properly authorized to use the credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.
We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control.
Once the goods have been handed over to the shipping carrier, ownership and risk of loss shall pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of emsforms, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use.
Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials available through the Services.
Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property right of emsforms, Shopify, or any third party, nor shall anything herein be interpreted as granting such a license or right.
Unauthorized use of the Services may constitute a violation of federal, state, or other applicable intellectual property laws. All rights not expressly granted herein are reserved by emsforms.
The names, logos, product and service names, designs, and slogans of emsforms are trademarks of emsforms or its affiliates or licensors. You may not use these trademarks without the prior written permission of emsforms.
The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify.
All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement.
We assume no liability for any damages arising from or related to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms and conditions of the relevant third-party tool providers.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features.
We are not responsible for reviewing or evaluating the content or accuracy of materials or websites provided by third parties that you access.
If you leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damages related to your access to external websites or your purchase or use of products, services, resources, or content available on external websites.
Please carefully review the policies and procedures of the third party and ensure that you understand them before entering into any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
emsforms is powered by Shopify, which enables us to provide you with the Services.
However, all sales and purchases made through our store are conducted directly with emsforms.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and emsforms, including any injury, damage, or loss arising from the purchase of products or services.
You expressly release and hold Shopify and its affiliates harmless from any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with emsforms.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here https://www.emsforms.de/policies/privacy-policy, and certain personal data may also be subject to Shopify's Privacy Policy, which can be viewed here.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services.
Data that you submit to the Services may be transferred to and shared with Shopify and third-party service providers, which may be located in a country other than your country of residence, in order to provide services to you.
For more information about how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, publish, email, or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes.
For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions.
You represent and warrant that:
(i) you own or otherwise possess all necessary rights to all Feedback you submit;
(ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and
(iii) your Feedback complies with these Terms and Conditions.
We are under no obligation to:
(1) keep your Feedback confidential;
(2) compensate you for your Feedback; or
(3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms and Conditions, but we have no obligation to do so.
You agree that your Feedback will not infringe upon any rights of third parties, including copyrights, trademarks, privacy rights, personality rights, or other personal or property rights.
You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements or computer viruses or other malware that could interfere with the operation of the Services or any related website in any way.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice if information is inaccurate at any time, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not directly or indirectly access or use the Services for any of the following purposes:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms and Conditions;
(g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages;
(h) to impersonate or attempt to impersonate another individual or entity; or
(i) to engage in any other conduct that, in our judgment, restricts or inhibits the use or enjoyment of the Services by others or that may harm emsforms, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or other forms of malicious code that are or may be used in a way that affects the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) misuse the Services through spam, phishing, pharming, pretexting, or similar activities;
(e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or
(f) interfere with, circumvent, or manipulate the security or authorization features, the Robot Exclusion Header, or other measures used by us to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms and Conditions.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, allow, enable, or cause an agent to be used to access, use, or interact with the Services.
“Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of an individual or legal entity and that operates on behalf of or using a person's device without direct supervision.
14.2
No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set forth in Section 14.4 below.
Furthermore, no Agent may access, use, or interact with the Services if we have instructed it to cease accessing, using, or interacting with any Service.
14.3
We may, including through technical measures, restrict whether and how an Agent accesses, uses, or interacts with the Services.
14.4
Agents:
(i) must identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the User-Agent string of the request: “Agent/[Agent Name]”;
(ii) may not conceal or obscure that access, use, or interaction originates from an Agent, including by (a) imitating human behavior or interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use;
(iii) must truthfully answer questions or prompts intended to determine whether interactions are being conducted by a human or a computer; and
(iv) may not bypass or otherwise avoid measures designed to prevent, restrict, modify, or control whether or how Agents access, use, or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time and without prior notice, and you remain responsible for payment of all amounts due up to and including the termination date.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is provided for general informational purposes only.
We make no warranty regarding the accuracy, completeness, or usefulness of this information.
Any reliance on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from reliance on such materials by you or any other visitor to the Services or by any third party who may become aware of their content.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY MANNER, SECURELY, OR WITHOUT ERRORS.
SOME JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY TYPE OF INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS AND OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless emsforms, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, asserted by third parties arising out of or relating to:
(1) your breach of these Terms and Conditions or the documents incorporated herein by reference;
(2) your violation of applicable law or the rights of a third party; or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a delay in notification shall not relieve you of your obligations unless you suffer material prejudice as a result.
We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but may not settle any claim that requires you to undertake non-monetary obligations without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defense against indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions.
The validity and enforceability of the remaining provisions shall not be affected by such determination.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written, including any prior versions of the Terms and Conditions.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.
SECTION 21 – ASSIGNMENT
Without our prior written consent, you may not delegate, assign, or transfer this agreement or any of your rights and obligations under these Terms and Conditions.
Any such attempt shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and Conditions, as well as any separate agreements under which we provide you with Services, shall be governed by and construed in accordance with the jurisdiction of the federal and state or territorial courts located at the registered office of emsforms.
You and emsforms consent to the local and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms and Conditions.
SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
The most current version of the Terms and Conditions is available at all times on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms and Conditions in accordance with applicable law, and such changes will become effective on the date specified in the notice.
By continuing to use or access the Services after changes have been posted, you agree to be bound by the revised Terms and Conditions.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms and Conditions should be sent to:
Our contact information can be found below: