Terms of service

OVERVIEW

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

The following terms and conditions, together with all 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 cover areas such as warranty disclaimers and limitations of liability.

By visiting or using our Services, or by interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you confirm that you are at least of legal age in the state or province of your residence, and that you have given us your consent to allow any minors in your care to use the Services on devices that you own, purchase or manage.

To use the Services — including accessing or browsing our online shops or purchasing products and services offered by us — you may be asked to provide certain information, such as your email address, billing, payment and shipping details. You confirm that all information you provide in our shops is accurate, current and complete, and that you hold all necessary rights to provide such information.

You are solely responsible for the security of your login credentials 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 and services accurately in our online shops. Please note, however, that the colours or appearance of products may differ from what is displayed on your screen, depending on the type of device you use to access the shop and its settings and configuration.

We make no guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the images or descriptions 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

When you place an order, you are making an offer to purchase. UrbanCartCo reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not accepted until UrbanCartCo confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as UrbanCartCo may not be able to accommodate cancellation requests once an order has been accepted. 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 ordering.

Returns or exchanges of your purchases are governed by the terms of our right of withdrawal policy.

You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices in our online shops may differ from prices in other online shops or stores operated by third parties. We may from time to time offer promotions in connection with our Services that may affect pricing and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

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 information and other data, including your email address and credit card numbers and expiry 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 duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by shipping carriers, customs clearance or events beyond our control.

The risk of accidental loss or accidental deterioration of goods passes to you as the consumer only upon physical delivery of the goods to you. This applies regardless of when we hand the goods over to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trade names, trademarks, texts, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of UrbanCartCo, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.

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, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any materials on the Services. Unless expressly stated herein, nothing in these Terms grants you a licence or any other rights under any patent, trademark, copyright or other intellectual property of UrbanCartCo, Shopify or any third party. All rights not expressly granted herein are reserved by UrbanCartCo.

The names, logos, product and service names, designs and slogans of UrbanCartCo are trademarks of UrbanCartCo or its affiliates or licensors. You may not use these trademarks without the prior written permission of UrbanCartCo. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party tools through the Services. We do not monitor and have no control or influence over these tools.

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 accept no liability for any damages arising from or related to the use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites you access. When you leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damages related to your access to external websites or your purchase or use of products, services, resources or content on external websites. Please carefully review the policies and procedures of any third-party provider before carrying out any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

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

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is transmitted to and shared with Shopify and third-party providers, who may be located in a different country from your place of residence, in order to provide services to you. For more information on how we, Shopify and our partners use your personal data, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial purposes. We may, for example, use rights under this licence to operate, provide, evaluate, expand, improve and promote the Services, and to fulfil our obligations and exercise our rights under these Terms and Conditions.

You further represent that: (i) you own or control all rights in and to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep any Feedback confidential; (2) pay you any compensation for your Feedback; or (3) respond to your Feedback.

We may monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions, but we are not obligated to do so.

You agree that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, offensive or obscene material or computer 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 otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit 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, information on or through the Services may contain typographical errors, inaccuracies or omissions relating 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe upon or violate our intellectual property rights or those of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to send or cause the sending of any advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that could harm or expose UrbanCartCo, Shopify or users of the Services to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell or resell any part of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g. agentic AI) or any other automated or manual means to access the Services; or (f) interfere with, bypass or manipulate any security or authorisation features, robot-exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section ("Agent Terms") applies when you use, permit, enable or cause an agent to access, use or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. Furthermore, no agent is permitted to access, use or interact with the Services if we have instructed it to cease accessing, using or interacting with a Service.

14.3 We may, including through technical means, restrict whether and how an agent accesses, uses and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the name of the agent by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) must not conceal or obscure that accesses, uses or interactions originate from an agent, for example by (a) mimicking human behaviour and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts aimed at determining whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify or control whether and how agents access, use or interact with the Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.

SECTION 16 – WARRANTY DISCLAIMER

Information provided on or through the Services is for general informational purposes only. We make no warranty regarding the accuracy, completeness or usefulness of such information. Any reliance on such information is solely at your own risk. We disclaim all liability arising from reliance on such materials by you, other visitors to the Services or any third party who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY UrbanCartCo, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

The above disclaimers apply only to the extent permitted by mandatory law. Your statutory warranty rights under §§ 434 et seq. BGB (2-year liability for defects) and all other mandatory consumer rights under German law and EU law remain unaffected.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UrbanCartCo, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING 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.

The above limitation of liability does not apply to damages arising from injury to life, body or health, to damages caused by wilful misconduct or gross negligence, or to claims under the German Product Liability Act (Produkthaftungsgesetz — ProdHaftG). Mandatory statutory consumer rights under German law and EU law remain unaffected.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless UrbanCartCo, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities or claims, including reasonable legal fees, arising out of or in connection with (1) your breach of these Terms and Conditions or any documents incorporated by reference, (2) your violation of any applicable law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a delay in notification will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of any such claim at your cost, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnifiable claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such a finding shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure 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 and Conditions, together with any policies or operating rules we publish on this website or with respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party who drafted this document.

SECTION 21 – ASSIGNMENT

You may not delegate, assign or transfer this agreement or your rights and obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and Conditions are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers habitually resident in an EU member state retain the protection of the mandatory provisions of the law of their country of residence. As a consumer resident in the European Union, you may bring proceedings either before the courts of your country of residence or before the German courts.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO TERMS AND CONDITIONS

The most current version of these Terms and Conditions can be viewed at any time on this page.

We reserve the right to update, change or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 25 – DISPUTE RESOLUTION

The European Commission provides an online platform for dispute resolution:
🔗 https://ec.europa.eu/consumers/odr

We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

SECTION 26 – CONTACT INFORMATION / LEGAL NOTICE (IMPRESSUM)

For questions about these Terms and Conditions, please contact us at: urbancartco@gmx.de

Mandatory information pursuant to §5 TMG (German Telemedia Act):