Terms of service

Welcome to FrameDex! The terms "we", "us" and "our" refer to FrameDex, operated by Markus Mittmann. FrameDex operates this shop and this website, including all associated information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). FrameDex is powered by Shopify, which enables us to provide the Services to you.

These General Terms and Conditions, together with all policies referenced herein (these "Terms" or "Terms and Conditions"), describe your rights and obligations when using the Services. Mandatory consumer protection rights to which you are entitled under German law are not restricted by these Terms.

By visiting or using our Services, you agree to these Terms and to our Privacy Policy.

Section 1 – Access and account

By using the Services, you represent that you are at least 18 years old or have the consent of your parent or legal guardian. You represent that all information you provide in our shop (e.g. email address, billing, payment and shipping information) is accurate, current and complete.

You are solely responsible for keeping your login credentials secure and for all activity in 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 display our products in the shop accurately. Colours or appearance may vary slightly depending on your screen/device.

Product descriptions may be changed at any time. We reserve the right to discontinue a product or to limit the available quantity.

Section 3 – Orders

By placing an order, you make a binding offer to purchase. The contract of sale is concluded once we expressly confirm your order (e.g. by an order confirmation) or dispatch the goods to you. Please review your order carefully before submitting it.

Returns of your purchases are governed exclusively by our Right of withdrawal and by the statutory warranty rights (see Section 16).

Purchases in the shop are intended for your personal use and not for commercial resale, unless otherwise agreed with us.

Section 4 – Prices and billing

Due to the application of the small-business regulation pursuant to § 19 UStG (German VAT Act), no value-added tax is charged or shown. Any additional shipping costs are shown separately before you complete your order.

Prices, discounts and promotions may change; the price applicable is the one at the time of your order, as stated in the order confirmation.

You undertake to provide current, complete and accurate payment and account information for purchases in the shop and to update it in the event of changes.

Section 5 – Shipping and delivery

Stated delivery times are estimates. We accept no liability for delays caused by shipping service providers or events beyond our control, insofar as we are not responsible for them.

The risk of accidental loss and accidental deterioration of the goods passes to you only upon delivery of the goods. If you yourself commission a carrier independently of our proposal, the risk passes upon handover to that carrier.

Section 6 – Intellectual property

Our Services, including trademarks, texts, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of FrameDex, our affiliates or licensors and are protected by national and international copyright, trademark and other intellectual property rights.

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, publish or create derivative works from any materials of the Services.

The names, logos and trademarks of FrameDex may not be used without our prior written permission. The Shopify name, logo and trademarks are the property of Shopify. All other names, logos and trademarks on the Services belong to their respective owners.

Section 7 – Optional tools

As part of the Services, you may be given access to third-party tools that we neither control nor monitor. Your use of such optional third-party tools is at your own risk; please review their respective terms of use. We are liable for damage arising from the use of such tools only to the extent that we are at fault (see Section 17).

Section 8 – External links

The Services may contain links to third-party websites. We are not responsible for the content and offers on these websites; access is at your own risk. Please direct any questions about third-party products or services to the respective provider.

Section 9 – Relationship with Shopify

FrameDex is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with FrameDex. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and FrameDex, including any injuries, damages or losses arising from the purchase of products and services. You hereby release Shopify and its affiliates from any claims, damages and liabilities arising from your purchases and transactions with FrameDex.

Section 10 – Privacy Policy

Personal data we collect through the Services is subject to our Privacy Policy. As the Services are hosted by Shopify, Shopify also collects and processes personal data to provide the Services. You can find details in our Privacy Policy.

Section 11 – Feedback

If you submit ideas, suggestions, reviews or other feedback to us, you grant us the right to use, reproduce and publish this feedback for the operation, provision and improvement of the Services – including for commercial purposes. This applies only insofar as you hold the necessary rights to the feedback and it does not infringe the rights of third parties.

We may remove feedback that we consider unlawful, offensive or otherwise inappropriate, but we are not obliged to do so.

Section 12 – Errors, inaccuracies and omissions

Information on product descriptions, prices, promotions or availability may occasionally be incorrect. We reserve the right to correct such errors. Contracts already validly concluded and your statutory rights (in particular your right of withdrawal) remain unaffected.

Section 13 – Prohibited uses

You may use the Services only for lawful purposes. In particular, it is prohibited to use the Services to: violate applicable law; infringe intellectual property rights; harass or harm others; transmit false information; send spam or unsolicited advertising; impersonate another person; or disrupt the operation of the Services.

Also prohibited are: uploading viruses or malicious code; unauthorised copying, extraction or resale of content of the Services; unauthorised collection of other users' personal data; phishing or pretexting; and the use of bots, scraping tools or automated access methods contrary to Section 14. In the event of violations, we may suspend or terminate your account.

Section 14 – Agents

14.1 This Section applies where you use an "Agent" (autonomous or semi-autonomous software acting on your behalf) to access the Services.

14.2 An Agent may only access the Services if it clearly identifies itself as such at all times and complies with the following requirements. If we prohibit an Agent from accessing the Services, it may no longer be used.

14.3 We may technically restrict or control access by Agents.

14.4 Agents must: (i) identify themselves in each request via the user-agent string as "Agent/[agent name]"; (ii) not simulate human behaviour and not circumvent security measures such as CAPTCHAs; (iii) truthfully answer whether an interaction originates from a human or a machine; (iv) not circumvent technical access restrictions.

Section 15 – Termination

We may restrict or terminate your access to the Services in the event of violations of these Terms. Contracts of sale already concluded and your statutory rights arising from them (e.g. warranty, right of withdrawal) remain unaffected by any account termination.

The following Sections continue to apply after termination: Intellectual property, Feedback, Warranty, Liability, Indemnification, Severability, Governing law, and all provisions which by their nature are intended to survive.

Section 16 – Warranty

The statutory warranty provisions (§§ 434 et seq. BGB, German Civil Code) apply to material defects in delivered goods. As a consumer, you are entitled to statutory remedies for defects to the extent provided by law (including supplementary performance, withdrawal, price reduction and damages), which are not restricted by these Terms.

General information on the Services (e.g. editorial content, blog articles) is provided for general information purposes only; we accept no warranty for its accuracy and completeness, to the extent permitted by law. We endeavour to keep the website available without interruption, but cannot guarantee this.

Section 17 – Limitation of liability

We are liable without limitation for intent and gross negligence, under the German Product Liability Act, for injury to life, body or health, and to the extent that we have assumed a guarantee.

In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slightly negligently caused damage is excluded.

The foregoing limitations of liability also apply in favour of our vicarious agents.

Section 18 – Indemnification

Should you culpably breach these Terms or act unlawfully and thereby demonstrably give rise to justified claims by third parties against us or Shopify (e.g. due to infringing content provided by you), you shall indemnify us against these claims, including reasonable legal costs. This does not apply insofar as you are not responsible for the breach of duty.

Section 19 – Severability

Should any provision of these Terms be invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory rule, where one exists.

Section 20 – Waiver; entire agreement

If, in an individual case, we refrain from enforcing a right under these Terms, this does not constitute a waiver of that right for the future.

These Terms, together with the policies published on the website, constitute the entire agreement between you and us and supersede any prior agreements on this subject matter.

Section 21 – Assignment

You may not transfer your rights and obligations under this agreement to third parties without our prior consent. We may assign or transfer these Terms and our rights and obligations under them to third parties, provided that your legitimate interests are not thereby impaired; you will be informed of this.

Section 22 – Governing law

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you, as a consumer, have your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected by this choice of law.

For consumers, the statutory places of jurisdiction apply; this clause does not restrict the statutory place of jurisdiction.

Section 23 – Headings

The headings in these Terms are for clarity only and have no bearing on their interpretation.

Section 24 – Changes to the Terms

The current version of these Terms is available on this page. We may amend these Terms with effect for the future; we will inform you of material changes in an appropriate manner. For contracts already concluded, the version valid at the time of your order applies.

Section 25 – Contact information

Please send any questions about these Terms to:

Markus Mittmann
Am Schneller 14
41812 Erkelenz
Germany
Email: hello@framedex.de
Contact form: framedex.de/en/pages/contact

In accordance with § 19 (1) UStG, no value-added tax is charged or shown (small-business regulation).