Terms and conditions

Overview

Welcome to DEVONA! The terms “we”, “us” and “our” refer to Devona GmbH. Devona GmbH operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Devona GmbH is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions and all policies referred to herein (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 about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.

By visiting, using or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy at https://devona.online/en/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 your state or province of residence and have given us your consent to allow your minor dependants to use the Services on devices you own, purchase or manage.

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 and billing, payment and shipping information. You represent that all information you provide in our stores is accurate, current and complete and that you have all rights necessary to provide it.

You are solely responsible for the security of your login credentials and all activity on your account. You may not transfer, sell, assign or license your account to third parties.

Section 2 – Our products

We have made every effort to display our products and services accurately in our online stores. Please note, however, that product colours or appearance may differ from those shown on your screen depending on the type of device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of products or services you purchase will meet your expectations or match the images or representations in our online stores.

All product descriptions may be changed at any time without 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, geographical region or jurisdiction on a case-by-case basis.

Section 3 – Orders

When you place an order, you make an offer to purchase. Devona GmbH reserves the right to accept or reject your order at its discretion for any reason. Your order is not accepted until Devona GmbH confirms acceptance. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it, as Devona GmbH may be unable to accommodate cancellation requests once an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when ordering.

Returns or exchanges of purchases are subject to our cancellation and return policy at https://devona.online/en/policies/refund-policy.

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

Section 4 – Prices and billing

Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect when the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices listed in our online stores may differ from those in our physical stores or in online and other stores operated by third parties.

From time to time, we may offer promotions relating to the Services that affect pricing and are governed by separate terms and conditions. If a promotion’s terms conflict with these Terms, the promotion’s terms take precedence.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

1. The credit card information you provide is true, accurate and complete;
2. You are duly authorised to use that credit card for the purchase;
3. Your credit card company will honour the charges you incur; and
4. You will pay the charges you incur at the stated prices, including shipping and handling fees and any applicable taxes.

Section 5 – Shipping and delivery

We are not liable for shipping and delivery delays to the extent that they are beyond our control. All delivery times are estimates unless expressly stated to be binding.

We accept no responsibility for delays caused by shipping carriers, customs clearance or events beyond our control.

Section 6 – Intellectual property

Our Services, including all trade names, trademarks, text, advertisements, images, graphics, product reviews, video and audio files and their design, selection and arrangement, are the property of Devona GmbH, its affiliates or licensors and are protected by German, European and international 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 on the Services.

Except as expressly provided herein, nothing in these Terms grants you a licence or other rights in any patent, trademark, copyright or other intellectual property of Devona GmbH, Shopify or a third party.

Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Devona GmbH.

DEVONA’s names, logos, product and service names, designs and slogans are trademarks of Devona GmbH, its affiliates or licensors. You may not use these trademarks without Devona GmbH’s prior written permission.

Shopify’s name, logo, product and service names, designs and slogans are Shopify trademarks. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

Section 7 – Optional tools

The Services may give you access to customer tools offered by third parties. We do not monitor these tools and have no control or influence over them.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We accept no liability for damage arising from or relating to the 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 familiarise yourself with and accept the terms of use of the relevant third-party tools.

We may also offer new features through the Services in future, including releasing new tools and resources. Such new features are also considered part of the Services and 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 examining or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for damage relating to your access to external websites or your purchase or use of products, services, resources or content on external websites.

Please review third-party policies and practices carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

Section 9 – Relationship with Shopify

Devona GmbH is powered by Shopify, enabling us to provide the Services to you. However, all sales and purchases made in our store are directly with Devona GmbH.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Devona GmbH, including injury, damage or loss arising from the purchase of products and services.

You expressly release Shopify and its affiliates from all claims, damage and liability arising from or relating to your purchases and transactions with Devona GmbH.

Section 10 – Privacy policy

All personal information collected through the Services is subject to our Privacy Policy: https://devona.online/en/policies/privacy-policy.

Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them.

Information you submit to the Services is transmitted and disclosed to Shopify and third parties that may be located in a different country from your country of residence to provide services to you.

For more information on how we, Shopify and our partners use your personal information, please see our Privacy Policy: https://devona.online/en/policies/privacy-policy.

Section 11 – Feedback

If you send, upload, publish, email or otherwise submit ideas, suggestions, feedback, reviews, plans or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display the Feedback in any media for any purpose, including commercial purposes.

For example, we may use our rights under this licence to operate, provide, evaluate, develop, improve and promote the Services and fulfil our obligations and exercise our rights under these Terms and Conditions.

You further represent that:

1. You own or control all necessary rights to all Feedback;
2. You have disclosed all compensation or incentives received in connection with submitting your Feedback; and
3. Your Feedback complies with these Terms.

We are and remain under no obligation to:

1. Maintain your Feedback in confidence;
2. Pay compensation for your Feedback; or
3. Respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms and Conditions.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, data protection, privacy or other personal or proprietary 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 in any way affect the operation of the Services or a related website.

You may not use a false email address, impersonate someone else or otherwise mislead us or third parties about the origin of Feedback.

You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility or liability for Feedback published by you or a third party.

Section 12 – Errors, inaccuracies and omissions

Information on or in the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you submit your order.

Section 13 – Prohibited uses

You may use the Services only for lawful purposes. You may not directly or indirectly access or use the Services:

1. For unlawful or malicious purposes;
2. To violate international, federal, state or local regulations, rules, laws or ordinances;
3. To infringe or violate our intellectual property rights or those of third parties;
4. To harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or other people;
5. To submit false or misleading information;
6. To send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;
7. To send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited communications;
8. To impersonate or attempt to impersonate another person or entity; or
9. To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our opinion, may harm Devona GmbH, Shopify or users of the Services or expose them to liability.

You also agree not to:

1. Upload or transmit viruses or other malicious code that is or could be used in a way that impairs the functionality or operation of the Services;
2. Reproduce, duplicate, copy, extract, sell, resell or otherwise exploit parts of the Services;
3. Collect or track other people’s personal information;
4. Misuse the Services through spam, phishing, pharming or pretexting;
5. Use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools or automated or manual means to access the Services; or
6. Interfere with, circumvent or manipulate security or authorisation features, robot exclusion headers or other measures used to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

Section 14 – Agents

14.1 This section (the “Agent Terms”) applies when you use, allow, enable or cause an agent to access, use or interact with 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 can be run 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 compliance with section 14.4.

Furthermore, no Agent may access, use or interact with Services if we have instructed it to refrain from accessing, using or interacting with a Service.

14.3 We may restrict whether and how an Agent accesses, uses or interacts with the Services, including through technical measures.

14.4 Agents must indicate in all HTTP or HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s User-Agent string:

“Agent/[Agent name]”

You must not conceal or obscure that access, use or interactions originate from an Agent, for example by mimicking human behaviour or interaction patterns or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use.

You must truthfully answer questions or requests aimed at determining whether interactions originate from a human or computer.

You must not circumvent or otherwise evade measures intended 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 all or part of the Services at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the termination date.

The following sections 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

Information provided on or through the Services is for general information purposes only. We do not warrant its accuracy, completeness or usefulness.

Any reliance on such information is at your own risk. We disclaim all liability and responsibility arising from reliance on such materials by you, other visitors to the Services or third parties who learn of their content.

Unless expressly stated by Devona GmbH, the Services and all products offered through them are provided for your use “as is” and “as available”, without representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement of third-party rights.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions limit or prohibit exclusions 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, Devona GmbH, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and Shopify and its affiliates, will under no circumstances be liable for any injury, loss or claim or for direct, indirect, incidental or special damages, punitive, consequential or exemplary damages of any kind.

This includes lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort including negligence, or strict liability.

This applies to damages arising from your use of the Services or products purchased through them and any other claim relating in any way to your use of the Services or a product. It includes errors and omissions in content and losses or damages of any kind arising from the use of the Services, content or products published, transmitted or otherwise made available through the Services, even if advised of their possibility.

Section 18 – Indemnification

You agree to indemnify, defend and hold harmless Devona GmbH, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees, asserted by third parties arising from or relating to:

1. Your breach of these Terms and Conditions or the documents incorporated by reference;
2. Your violation of applicable law or third-party rights; or
3. Your access to and use of the Services.

We will notify you of any claim subject to indemnification. Late notice does not relieve you of your obligations unless it materially prejudices you.

We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel. However, without your consent, which must not be unreasonably withheld, we will not settle a claim that requires non-monetary obligations from you.

You will cooperate in the defence of indemnified claims, including by providing relevant documents.

Section 19 – Severability

If any provision of these Terms and Conditions is found unlawful, invalid or unenforceable, it remains enforceable to the fullest extent permitted by applicable law.

The unenforceable portion is deemed severed from these Terms and Conditions. Such a finding does not affect the validity or enforceability of the remaining provisions.

Section 20 – Waiver and entire agreement

Our failure to exercise or enforce a right or provision of these Terms and Conditions does not constitute a waiver of it.

These Terms and Conditions, together with all policies or operating rules published on this website or relating to the Service, 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 previous versions of these Terms and Conditions.

Ambiguities in the interpretation of these Terms and Conditions must not be construed against the party that drafted this document.

Section 21 – Assignment

Without our prior written consent, you may not delegate, assign or transfer this agreement or your rights or obligations under these Terms. Any such attempt is 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 and any separate agreements under which we provide Services to you are governed by the law of the Federal Republic of Germany.

To the extent permitted by law, the place of jurisdiction is the registered office of Devona GmbH.

Section 23 – Headings

The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.

Section 24 – Changes to the Terms and Conditions

The current version of these Terms and Conditions can be viewed on this page at any time.

We reserve the right, at our discretion, to update, change or replace parts of these Terms and Conditions by posting updates and changes on our website.

It is your responsibility to check our website regularly for changes. We will notify you of material changes in accordance with applicable law. Changes take effect on the date stated in the notice.

By continuing to use or access the Services after changes to these Terms and Conditions are posted, you agree to those changes.

Section 25 – Contact information

Questions about these Terms and Conditions should be sent to sebastian@sebastianretz.com.

Our full contact details:

Devona GmbH
Eremitage 2
51789 Lindlar
Germany

Represented by the managing director:
Matthias Günter Remmel

Telephone: +49 151 23425067
Email: sebastian@sebastianretz.com

Register court: Amtsgericht Köln
Commercial register number: HRB 106360

VAT identification number:
DE347706865