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All legal issues arising out of or relating to your use of the Service or these Terms shall be governed by German law, and you consent to the exclusive jurisdiction of the courts located in Berlin, Germany.
If you believe that any content on this Site infringes your copyright, please read our Privacy Policy to learn how to send us a notice of copyright infringement. It is the Company's policy to terminate relationships with respect to content with third parties that repeatedly infringe the intellectual property rights of others.
The Service may contain links to other websites that are not maintained by Company. These links may include listings that provide you with additional information or links contained in materials uploaded to the Service by a party other than Company. Company asks that you understand that when you leave the Service, whether through a link in the Service or otherwise, and enter a third party website, you are subject to that website's terms and conditions and privacy policy. Company strongly encourages you to read the terms and conditions and privacy policies of such third party websites. The Company is not responsible for the practices or content of such other websites or services and disclaims any liability for any loss or damage you may incur as a result of using the links and/or third party websites to the fullest extent permitted by law. Despite any links present in the Service, the Company does not endorse and is not affiliated with these third parties.
Company or its licensors own or license all software, graphics, designs, and all copyrights, trademarks, and other intellectual property or proprietary rights contained in or used in connection with the Service. You are not permitted to use, copy, distribute, modify or create derivative works from the described material. An exception, of course, is made for temporary caching of content during regular use of the Service.
The Service is provided "as is". We disclaim all warranties, express and implied, including the implied warranties of merchantability and fitness for a particular purpose, with respect to any information contained in, accessed through, or derived by you from the Service, and with respect to any products or services you purchase through this website. Similarly, we disclaim any liability to you arising from any interruption or damage to your computer system or software as a result of accessing or otherwise using the Service. We make no representation that the services or information available through this website will enable you to achieve any particular result, whether legal, economic, educational or otherwise. We shall not be liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenue, lost profits or lost data, arising out of your use of the Service. In the event that any of the foregoing limitations and exclusions of liability are ineffective, you agree that our maximum liability to you shall be equal to the total amount of fees paid by you to us in connection with your access to this Site and/or for products or services purchased by you from us through this Site.
If any of the above exclusions of liability are ineffective, the Company will only be liable in the event of willful misconduct or gross negligence. In case of simple negligence, the Company is liable for damages resulting from injury to life, body or health,
You agree to indemnify and hold Company, its officers, directors, employees, business partners and agents harmless from and against any and all claims, damages, liabilities, losses, obligations, costs or debts and expenses (including, without limitation, attorneys' fees) arising out of: (i) a breach by you of these Terms, (ii) User Content, (iii) your use of any materials or features available on the Service (except to the extent that a claim is based on infringement of third party rights by Company-created materials), or (iv) a violation by you of any applicable law or any agreement or term with any third party to which you are subject.
If any part of these Terms is held invalid or unenforceable for any reason by a court of competent jurisdiction, that provision shall be ineffective but shall not affect the remaining portions of these Terms.
The failure of Company to exercise any rights, in whole or in part, or the waiver of any breach of these Terms by you, shall not prevent the subsequent exercise of such rights by us or be deemed a waiver of any subsequent breach by you of the same or any other term of these Terms.
Company's rights and remedies under these Terms are cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last item. To exercise your right of withdrawal, you must inform us (Cheese Gang, represented by Studio Avanti GmbH, Sonnenallee 142, 12059 Berlin, phone: 030 616 896 00) by means of a clear statement (e.g. a letter sent by mail, or e-mail) of your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
If you have any questions, please contact us at info@cheesegang.com.
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