Terms of service
OVERVIEW
Welcome to Miliket Germany! The terms “we,” “us,” and “our” refer to Miliket Germany. The company DirectSTEP GmbH, on behalf of Miliket Germany, operates this shop and this website, including all associated information, content, functions, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Miliket Germany is based on Shopify, enabling us to provide you with the Services.
The following terms and conditions, together with the policies referenced 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 address topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you affirm that you are of legal age in the state or region where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, have purchased, or manage.
To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You are solely responsible for the security of your account login credentials and all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We have endeavored to display our products and services as accurately as possible in our online shops. However, we note that colors or the appearance of products may vary due to the device you use to access the shop and its settings and configuration, potentially differing from the colors displayed on your screen.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the depictions in our online shops.
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, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making a purchase offer. Miliket Germany reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only deemed accepted after confirmation by Miliket Germany. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting, as Miliket Germany may not accommodate cancellation requests after accepting an order. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Returns or exchanges of your purchases are made exclusively in accordance with our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import duties.
Prices listed in our online shops may differ from those in physical stores or other online stores operated by third parties. From time to time, we may offer promotions that affect pricing and are governed by terms different from these Terms. In case of discrepancies between promotional terms and these Terms, the promotional terms take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the incurred charges at the posted prices, including any applicable shipping, handling fees, and taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping providers, customs processing, or events beyond our control. Once we hand over the products to the shipping provider, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, artwork, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Miliket Germany, its affiliates, or 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 personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms grants you any license or rights to any patents, trademarks, copyrights, or other intellectual property of Miliket Germany, Shopify, or third parties.
Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Miliket Germany.
The names, logos, product and service names, designs, and slogans of Miliket Germany are trademarks of Miliket Germany or its affiliates or licensors. You may not use these marks without prior written permission. Shopify names, logos, and trademarks are the property of Shopify. All other names, logos, and trademarks on the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third-party providers as part of the Services that we neither monitor nor control or influence.
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 disclaim any liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and approving the terms under which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including all embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. You should carefully review the third party’s policies and practices and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP TO SHOPIFY
Miliket Germany is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are directly with Miliket Germany. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Miliket Germany, including injuries, damages, or losses arising from purchased products and services. You expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from or related to your purchases and transactions with Miliket Germany.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services are subject to our Privacy Policy, which can be viewed here [LINK]. Additionally, certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data about your access and use of the Services to provide and improve the Services for you. Data you submit to the Services may be shared with Shopify and third-party providers who may be located in countries different from where you reside to provide the Services. For more information about how we, Shopify, and our partners use your personal data, see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide us with any 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 for any purpose, including commercial use.
You also represent and warrant that: (i) you own all Feedback content or have all necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) treat Feedback as confidential, (2) provide any compensation for Feedback, or (3) respond to any Feedback.
We reserve the right, but are not obligated, to 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 intellectual property rights or these Terms.
You warrant that your Feedback does not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further warrant that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material and is free of viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or mislead us or third parties about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services 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 at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES You may access and use the Services only for lawful purposes. You may not access or use the Services directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material not in compliance with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or other similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Miliket Germany, Shopify, or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit any viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without express written permission; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account without notice if we determine that you have violated any of these Terms.
SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services (or parts thereof) at our sole discretion, at any time, and without prior notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will 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 which by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Miliket Germany, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Miliket Germany, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN THE SERVICES OR ANY PRODUCT, BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Miliket UK, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, indemnify, defend and hold us harmless from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms and Conditions or the documents they reference, (2) your violation of any 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 failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations on your part without your consent (which consent shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.
SECTION 18 - SALVATORY CLAUSE
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be valid to the fullest extent permitted by 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 any such determination.
SECTION 19 - WAIVER CLAUSE, ENTIRE AGREEMENT
The failure of us 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 of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all 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 and Conditions).
No ambiguity in the interpretation of these Terms and Conditions shall be construed against the party drafting them.
SECTION 20 - ASSIGNMENT
You may not transfer, assign or delegate this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and Conditions and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Miliket Germany is headquartered. You and Miliket Deutschland consent to the venue and personal jurisdiction of such courts.
SECTION 22 - HEADINGS
The headings used in this Agreement are for convenience only and shall have no effect on these Terms and Conditions.
SECTION 23 - CHANGES TO THE TERMS AND CONDITIONS
You can review the then-current version of the Terms and Conditions at any time 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 to our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms and Conditions in accordance with applicable law.
Such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact info@miliket.de.
Our contact information is listed below:
DirectSTEP GmbH
Am Geisrain 5, 74847 Obrigheim
info@miliket.de
HRB: 750237, Mannheim
USt-IdNr.: DE366716032