General Terms and Conditions of Use of the Website
Version October 2018
Welcome to www.florianjulianfichtinger.com website (hereinafter the “Website”).
1.1 The Website and its contents are designed, operated and administered by Florian-Julian Fichtinger, Wedl-Siedlung 25, 3332 Rosenau, Austria (hereinafter “FJF”, “we”, “us”, “our”).
1.2 Purchases made through the Website by customers are processed by Fa. Florian-Julian Fichtinger, Wedl-Siedlung 25, 3332 Rosenau, Austria.
2. User Age
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual’s relevant country).
3. Electronic Services
3.1 Certain parts of our Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
3.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
4. Intellectual Property Rights
4.1 The terms “Website” and “material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks or any other material reproduced and / or made available through this Website (“Material”).
4.2 All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Mr. Florian-Julian Fichtinger, MBA. All rights are reserved, worldwide.
4.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Mr. Florian-Julian Fichtinger, MBA. All domain names used on the Website and / or connected to it are owned – or used with permission – by FJF, which manages them on a worldwide basis.
4.4 This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
4.5 It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose. If the downloading or the copying should be permitted by FJF in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
5. Submitted Material
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to FJF through this Website or by other means (the “Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to FJF a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
5.2 FJF is not required or will not be required in the future to: (i) keep any Submitted Material confidential; (ii) pay compensation for any use of the Submitted Material or in connection to it; (iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
5.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
5.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of FJF to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
6. Links to other sites
6.1 This Website may contain links to other websites. FJF has no control over such websites and will not be responsible or liable for any accessibility of third-party websites or for their content.
6.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by FJF of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
6.3 You are not permitted to frame this Website on any other website.
7. Authenticity of products branded “FJF”
7.1 The products branded FJF JEWELLERY promoted through the Website are made with the finest materials and authentic.
8. Exclusion of warranties
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FJF PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
8.2 FJF WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, FJF CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND FJF MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. FJF RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
9. Limitation of liability
9.1 SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
9.2 AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, LIABLE IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
9.5 Should such limitation of liability be contested and ascertained, the liability of FJF is under any event limited to EUR 50,00 (fifty).
11. Governing Law