Impressum.

TERMS OF SERVICE

OVERVIEW

This website is operated by kulturspace limited. Throughout the site, the terms “we”, “us” and “our” refer to kulturspace limited. kulturspace limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall kulturspace limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless kulturspace limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Metzer Straße 14, Berlin, BE, 10405, Germany.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@kulturspace.com.

RETURNS of purchased tangible goods (does not apply to creative, consulting or any other "service")

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:
* Gift cards
* Downloadable software products
* Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)
* Book with obvious signs of use
* CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at info@kulturspace.com.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at info@kulturspace.com and send your item to: Metzer Straße 14, Berlin, BE, 10405, Germany.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: Metzer Straße 14, Berlin, BE, 10405, Germany.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Vendors

We process invoice payments requests on a net 21 day policy.  Invoices are to be submitted via email to: info@kulturspace.com

AGREEMENT OF OBTAINING OUR SERVICES

Summary
We will always do our best to fulfill your needs and meet your goals, but sometimes it is
best to have a few simple things written down so that we both know what is what, who
should do what and what happens if things go wrong. In this contract you won't find
complicated legal terms or large passages of unreadable text. We have no desire to trick
you into signing something that you might later regret. We do want what's best for the
safety of both parties, now and in the future.

What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of
your company or organization. You agree to provide us with everything that we need to
complete the project including text, images and other information as and when we need
it, and in the format that we ask for. You agree to review our work, provide feedback and
sign-off approval in a timely manner too. Deadlines work two ways and you will also be
bound by any dates that we set together. You also agree to stick to the payment
schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will
carry them out in a professional and timely manner. Along the way we will endeavor to
meet all the deadlines set but we can't be responsible for a missed launch date or a
deadline if you have been late in supplying materials or have not approved or signed off
our work on-time at any stage. On top of this we will also maintain the confidentiality of
any information that you give us.

Details of the works
This contract includes one main design/draft plus the opportunity for you to make up to
two rounds of revisions for each respective project as listed on the Proposal. If you're
not happy with the designs at this stage, you will pay us in full for all of the work that
we have produced until that point and you may either cancel this contract or continue to
commission us to make further design revisions at the daily rate set out in our original
estimate

We know from plenty of experience that fixed-price contracts are rarely beneficial to you,
as they often limit you to your first idea about how something should look, or how it
might work. We don't want to limit either your options or your opportunities to change
your mind.

The estimate/quotation prices is based on our understanding of time we'll need to accomplish
everything that you have told us you want to achieve in our previous discussions. If you do want
to change your mind that won't be a problem. You will be charged the hourly rate set out in the
estimate we gave you only after your approval to any change requests. Along the way we might
ask you to put requests in writing so we can keep track of changes.

HTML/CSS layout templates
If the project includes XHTML or HTML markup and CSS templates, we will develop these
using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in
current versions of all major browsers including those made by Google, Apple, Microsoft,
Mozilla and Opera. We will also test to ensure that pages will display visually in a similar,
albeit not necessarily an identical way, in Microsoft Internet Explorer 10 for Windows as
this browser is now past its sell-by date.

We will not test these templates in old or abandoned browsers, for example Microsoft
Internet Explorer, previous versions of Apple's Safari, Mozilla Firefox or Opera unless
otherwise specified. If you need to show the same or similar visual design to visitors using
these older browsers, we will charge you at the hourly rate set of $55.00 for any
necessary additional code and its testing.

As with all clients that are looking to work with a template themed platform i.e.
Squarespace, Shopify, etc. et. al. we advise that while we have a wide range of tools
available to us to customize sites many themes do not support or provide full access to
the backend. With this said and from much experience if you are looking to replicate your
design to 100% to specifications, we would advise you to custom build your site from
scratch with a dedicated web developer. If you are however looking for emulate the design
to the closest possibilities within the platform then our services are the right tool for you.
The services we offer by customizing themes & creating unique designs allows you to have
an affordable solution to building a site from template rather than from scratch.
Text content

We are not responsible for writing or inputting any text copy unless we specified it in the
original estimate. We'll be happy to help though, and in addition to the estimate we will
charge you at €/$55 Hourly Copy Fee per hour, including a free initial consultation, for copy
writing or content input.

Photographs
If needed, you will supply us photographs either in digital or printed format. If you choose
to buy stock photographs we can suggest vendors of stock photography. Any time we
spend searching for or taking appropriate photographs will be charged at €/$55 Hourly Photo
Fee per hour, after a free initial consultation to determine if this is the best route to take.
Changes and revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you,
as they often limit you to your first idea about how something should look, or how it might
work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document is based on our
understanding of time we'll need to accomplish everything that you have told us you want
to achieve by way of completing our “Website Project Initial Checklist.” If you do want to
change your mind, add extra pages or templates or even add new functionality, that won't
be a problem. You will be charged the daily rate set out in the estimate we gave you only
after your approval to any change requests. Along the way we might ask you to put
requests in writing so we can keep track of changes.

Technical support
We are not a web site hosting company and so we do not offer or include technical support
for web site hosting, email or other services relating to web site hosting. If you do require
help with anything beyond the design and development of your site, we'll be happy to help.
Legal stuff

We can't guarantee that the functions contained in any web page templates or in a
completed web site will always be error-free and so we can't be liable to you or any third
party for damages, including lost profits, lost savings or other incidental, consequential or
special damages arising out of the operation of or inability to operate this web site and
any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.

Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or
other artwork that you provide us for inclusion in the web site are either owned by your
good selfs, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We
are not required to keep them or provide any native source files that we used in making
them. You also own text content, photographs and other data you provided, unless someone else
owns them. We own the XHTML markup, CSS and other code and we license it to you for use on
only this project.

We love to show off our work and share what we have learned with other people, so we also
reserve the right to display and link to your completed project as part of our portfolio and to write
about the project on web sites, in magazine articles, in books, et. al. about design.

Payments
We are sure you understand how important it is you agree to stick tight to the following payment
schedule, which will be as follows, but may be revised based on further conversations between us.
50% of total estimated fee upon agreement to initiate project (indicated by signing contract).
Remainder of fee payable not more than 7 days after receipt of finished product.

Interest accrued if payment is more than 7 days late is 5% of outstanding amount to be added
every 3 days, starting from 7th day after receipt of finished product.

But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission.
This contract stays in place and need not be renewed. If for some reason one part of this contract
becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document
under exclusive jurisdiction of German or usa courts.