Terms of service
Terms of Service — Symbols & Thoughts
Governing Law Notice: These Terms are primarily governed by German and EU consumer law, as Symbols & Thoughts is based in Germany. If you are a consumer based in Switzerland or elsewhere, mandatory consumer protection laws of your country of residence may apply in addition to, or instead of, certain provisions below where those laws cannot be excluded by agreement. Nothing in these Terms limits any statutory rights you have under the law of your own country.
OVERVIEW
Welcome to Symbols & Thoughts! The terms "we", "us" and "our" refer to Darja Zelmer, trading as Symbols & Thoughts. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Symbols & Thoughts is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights, including limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.
As a Kleinunternehmer within the meaning of § 19 UStG (German VAT Act), we do not charge or show VAT on our prices or invoices.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least 18 years old or have the consent of a parent or legal guardian.
To use the Services, including browsing our store or purchasing any of our products, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent that all information you provide is correct, current and complete.
You are responsible for keeping your account credentials secure. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Each edition features an original symbol artwork, painted by hand and reproduced as a limited art print, created specifically for that month's subscribers. We make every effort to represent our products accurately in our store. However, colours and product appearance may vary slightly from how they appear on your screen.
We may change product descriptions for future orders and may discontinue an edition or product for future orders. We may limit the quantities of products we offer (for example, limiting Founding Member spots to a fixed number).
SECTION 3 - ORDERS, SUBSCRIPTIONS AND YOUR RIGHT OF WITHDRAWAL
When you place an order or subscribe, you are making an offer to purchase. Your order is accepted once we confirm it by email. We must receive and process your payment before your order is accepted.
Subscriptions renew automatically each month according to the schedule shown at checkout and in your account, until cancelled in accordance with our Cancellation & Refund Policy. You can cancel your subscription at any time via the "Cancel contracts here" button on our website or by emailing us.
If you are a consumer, you have a statutory 14-day right of withdrawal. For subscriptions, the withdrawal period begins on the day you receive your first edition. You can exercise this right via the "Withdraw from contract here" button on our website, by email, or by any other clear statement. Full details are set out in our Withdrawal Instructions and our Cancellation & Refund Policy.
You confirm that your purchases are for your own personal or household use and not for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices for new orders and subscriptions may change. The price of an existing subscription will not be increased without your prior consent. Founding Member pricing remains fixed for as long as the subscription stays active.
The price charged is the price in effect when the order is placed, as set out in your order confirmation email. As a Kleinunternehmer under § 19 UStG, our prices do not include VAT. Unless otherwise stated, prices do not include any customs or import charges.
Please keep your account, payment details, email address and shipping address up to date so that we can complete your transactions and contact you as needed. You confirm that you are authorised to use the payment method you provide.
SECTION 5 - SHIPPING AND DELIVERY
We currently ship to Germany and Switzerland. Delivery times shown are estimates. If your letter does not arrive, please see the section "Lost or Delayed Letters" in our Cancellation & Refund Policy. This does not affect your statutory rights as a consumer.
Shipments to Switzerland are sent with an electronic customs declaration, which we complete. You are responsible for any customs duties or import charges levied by Swiss authorities that are not included in the order price.
If you are a consumer, risk of loss or damage passes to you only when you (or a third party named by you, other than the carrier) take possession of the goods.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all text, images, graphics, hand-painted artwork, letters and designs, are owned by Symbols & Thoughts or its licensors and are protected by German, EU and international copyright and other intellectual property laws.
You may use the Services and your editions for your personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, republish or commercially exploit any of our material without our prior written consent. Sharing photos of your edition on social media for personal, non-commercial purposes is welcome.
The name, logo and designs of Symbols & Thoughts are protected and may not be used without our prior written permission. Shopify's name and logo are trademarks of Shopify. All other names and logos are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools offered by third parties as part of the Services, which we neither monitor nor control. Such tools are provided "as is" to the extent permitted by law. Please review the relevant provider's own terms before using them.
We may offer new features through the Services in the future. Such features are part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content of third-party websites or for products or services purchased there. Please review the third party's own policies before engaging in any transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Symbols & Thoughts is powered by Shopify. Any purchases you make in our store are made directly with us, not with Shopify.
SECTION 10 - PRIVACY
We process your personal information in accordance with the GDPR and our Privacy Policy. Some personal information is processed by Shopify as our processor and, for certain features, as an independent controller, and by other service providers, some of whom are located outside the EU/EEA, subject to appropriate safeguards. See our Privacy Policy for details.
SECTION 11 - FEEDBACK AND REVIEWS
If you submit ideas, suggestions, reviews or other feedback ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display it for the purposes of operating and promoting the Services. You confirm that your Feedback does not infringe any third party's rights.
We may remove Feedback that is unlawful, offensive or otherwise objectionable.
SECTION 12 - ERRORS AND INACCURACIES
Occasionally there may be typographical errors or inaccuracies relating to product descriptions, pricing or availability. We may correct such errors. This does not affect your statutory rights as a consumer.
SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services to: (a) act unlawfully or maliciously; (b) infringe our or others' intellectual property rights; (c) harass or harm any person; (d) transmit false or misleading information; (e) send spam; (f) impersonate any person; or (g) interfere with the Services or others' use of them.
You also agree not to upload malicious code, scrape data from the Services using automated tools without permission, collect other users' personal information, or bypass security measures.
SECTION 14 - AUTOMATED AGENTS
This section applies if you use any automated or semi-autonomous software ("Agent") to access the Services on your behalf. Agents must clearly identify themselves as automated and must not attempt to conceal this (for example, by mimicking human behaviour or bypassing CAPTCHAs). We may limit or block Agent access by technical means.
SECTION 15 - TERMINATION BY US
We may terminate your subscription with at least 4 weeks' notice, or immediately for good cause (for example, a serious breach of these Terms). Any payments for editions not yet shipped will be refunded. Provisions which by their nature should survive termination (including Intellectual Property, Limitation of Liability and Governing Law) will continue to apply.
SECTION 16 - DISCLAIMER
The information on the Services is provided for general information purposes. While we take care to ensure accuracy, we do not guarantee that all content is complete, current or error-free. This does not affect your statutory rights as a consumer, including your rights regarding the conformity of goods with the contract.
SECTION 17 - LIMITATION OF LIABILITY
We are liable without limitation for damages arising from injury to life, body or health, for intentional or grossly negligent breaches of duty, and under any mandatory statutory liability (including the German Product Liability Act).
For slightly negligent breaches of a material contractual obligation (a duty whose fulfilment is essential to the proper performance of the contract and on which you may reasonably rely), our liability is limited to the foreseeable damage typical for this type of contract.
In all other cases of slight negligence, our liability is excluded to the extent permitted by law. This limitation also applies in favour of our vicarious agents.
SECTION 18 - SEVERABILITY
If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in effect. The invalid provision is replaced by the applicable statutory provisions.
SECTION 19 - WAIVER
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
SECTION 20 - ASSIGNMENT
You may not transfer this agreement without our prior consent. If we transfer our rights and obligations to a third party, we will notify you in advance, and you may cancel your subscription.
SECTION 21 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
SECTION 22 - CHANGES TO THESE TERMS
We may update these Terms for future orders by posting changes on our website. Changes will only apply to existing subscriptions with your consent. If you do not agree, the previous Terms continue to apply to your subscription.
SECTION 23 - CONTACT
Darja Zelmer
Symbols & Thoughts
c/o Autorenglück #20994
Albert-Einstein-Straße 47
02977 Hoyerswerda, Germany
Email: hello@symbolsandthoughts.com
As a Kleinunternehmer within the meaning of § 19 UStG, we do not charge VAT.