Terms of service

(Applies to products purchased on this Website and through authorized third party marketplaces and retailers.)

GUNTHER JAECKEL – TERMS OF SERVICE

Welcome to https://guntherjaeckel.com/ (the “Website”). This Website is maintained and operated by Gunther Jaeckel (hereinafter referred to as “Gunther Jaeckel”, “we”, “our” or “us”).

YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Authorized Use of Website

This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Gunther Jaeckel. You agree to not permit any person to use any knowledge or information you have received from using this Website for any commercial or non-personal uses.

Unauthorized Use of Website

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Proprietary Rights

Gunther Jaeckel and its affiliates are the owners of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Gunther Jaeckel or its affiliates to display the materials, such as certain third-party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Gunther Jaeckel and its affiliates.

Testimonials

Gunther Jaeckel may occasionally publish customer testimonials on the Website. Testimonials and any accompanying images may be used for illustrative purposes.

Discount Codes

Gunther Jaeckel may refuse or cancel an order and issue a refund where a discount code has been used without authorization or used repeatedly in breach of its applicable conditions.

Flash Sales

Products included in a flash sale are available only for the limited period indicated by the countdown shown during your visit to the Website.

Comments or Materials Submitted by You

Certain areas of the Website may allow you or other users to submit text, comments or other materials (“Content”). You may submit only Content that you created or that you have permission from the owner to use.

If Content features another person, you must obtain that person’s consent before posting it. If the person is a minor, you must obtain permission from their parent or legal guardian. Gunther Jaeckel may require you to provide evidence of this permission.

You must not submit or distribute Content that is unlawful or that breaches these Terms and Conditions.

By submitting Content through the Website, you represent and warrant that:

(a) you own all rights in the Content or have authorization to use and distribute it through the Website; and

(b) the Content does not infringe any copyright, right of publicity or other third-party right, or violate any applicable law or regulation.

Unsolicited Ideas

We do not accept unsolicited ideas, concepts or proposals from outside the company, including suggestions concerning advertising, promotions, merchandising, products, services or methods of conducting business.

We may already be developing, or may later develop, an idea that is similar to one you submit. This policy is intended to prevent concerns regarding the ownership of such ideas.

If you nevertheless submit an unsolicited idea through the Website, you acknowledge that it is not being submitted confidentially and that we assume no express or implied obligation by reviewing or considering it.

To the fullest extent permitted by law, all existing and future rights in the submitted idea throughout the world will belong exclusively to Gunther Jaeckel and are irrevocably assigned to us.

If such an assignment is found to be unenforceable, you grant Gunther Jaeckel an irrevocable, perpetual and worldwide license to use the idea in any manner and through any medium now known or developed in the future, without compensation to you.

Materials Submitted by Others

Gunther Jaeckel will not be responsible for content or materials submitted by third parties, including errors or omissions in that content or any loss or damage resulting from its use.

You acknowledge that Gunther Jaeckel does not necessarily review content before it is published. However, Gunther Jaeckel and its representatives reserve the right, without being obligated to do so, to refuse, restrict or remove any content available through the Website.

This includes Content that breaches these Terms and Conditions or that Gunther Jaeckel considers, in its sole discretion, to be otherwise objectionable.

We do not endorse, support, represent or guarantee the completeness, accuracy, truthfulness or reliability of Content or communications published through the Website. We also do not endorse opinions expressed by users or other third parties.

By using the Website, you acknowledge that you may encounter Content that is offensive, harmful, inaccurate, misleading, incorrectly labelled or otherwise inappropriate.

Links

The Website may include links to websites that are not maintained or controlled by us. Other websites may also refer or link to our Website.

When you leave our Website, we encourage you to review the terms and conditions, privacy notices and practices of each website you visit.

Gunther Jaeckel is not responsible for the operation, content, policies or practices of third-party websites.

Products, Specifications and Refunds

The appearance of a product or service on the Website does not guarantee that it will be available at a particular time or that every description, specification or listed attribute is accurate and complete.

If a product is displayed at an incorrect price because of a typographical, pricing or information error, we reserve the right to cancel the applicable order, whether or not the order has already been confirmed or your payment method has been charged.

The appearance of product colours, textures and details may vary depending on your screen, device and display settings. We cannot guarantee that your display will accurately reproduce the colour, texture or detail of the physical product.

We do not endorse or independently verify statements made on the Website by third parties, including customers, manufacturers, distributors or suppliers.

We may update prices, availability and other product information without prior notice.

Receiving an order confirmation does not mean that we have accepted your order or confirmed an offer to sell the product. We may require additional verification or information before accepting or shipping an order.

For products shipped through the Website, title and risk of loss pass to you when the products are delivered to the carrier. You are responsible for submitting claims to the carrier in relation to lost or damaged shipments.

By placing an order, you confirm that the products are lawful to possess and use in the location where you intend to receive and use them. You also agree that the products will be possessed and used only lawfully and in accordance with all applicable laws, rules and regulations, including copyright law.

If we reject, restrict or otherwise amend your order, we will attempt to notify you using the email address provided with the order.

If we cancel an order, or part of an order, after payment has been collected, we will refund the amount charged for the cancelled portion.

Your use of the Website constitutes acceptance of our Refund and Return Policy.

No Warranties

WHILE GUNTHER JAECKEL USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE AS NECESSARY, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, GUNTHER JAECKEL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND GUNTHER JAECKEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GUNTHER JAECKEL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GUNTHER JAECKEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, GUNTHER JAECKEL SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL GUNTHER JAECKEL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GUNTHER JAECKEL BE LIABLE OR FOR ANY DIRECT DAMAGES ABOVE WHAT YOU PAID TO GUNTHER JAECKEL FOR PRODUCTS AND SERVICES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Changes

Information published on the Website may be revised at any time without prior notice. We may also amend these Terms and Conditions by publishing an updated version on the Website.

You should review the Website regularly for revisions. Your continued access to or use of the Website after updated terms are published will constitute your acceptance of those changes.

Indemnification

You agree to indemnify, defend and hold harmless Gunther Jaeckel, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of Gunther Jaeckel to partially or fully exercise any rights or the waiver of Gunther Jaeckel of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Gunther Jaeckel or be deemed a waiver by Gunther Jaeckel of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Gunther Jaeckel under these Terms and Conditions and any other applicable agreement between you and Gunther Jaeckel shall be cumulative, and the exercise of any such right or remedy shall not limit Gunther Jaeckel's right to exercise any other right or remedy.

Governing Law; Dispute Resolution; Arbitration

The laws of the State of Delaware shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Gunther Jaeckel, if these efforts fail you agree that all claims, disputes or controversies against Gunther Jaeckel arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Gunther Jaeckel agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Gunther Jaeckel hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

Warranty

Gunther Jaeckel provides a 12-month limited warranty covering defects in materials and workmanship arising under normal use.

To submit a warranty claim, you must provide the original purchase receipt. This warranty applies only to products purchased through the official Gunther Jaeckel website or an authorized retailer.

The warranty does not apply to damage caused by misuse, accidents, unauthorized repairs, alterations or modifications.

If an eligible product cannot be repaired and is no longer available for replacement, Gunther Jaeckel or the applicable authorized retailer will refund the original purchase price to the original payment method.

For assistance, please contact our customer support team and provide proof of purchase together with details of the issue.

Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GUNTHER JAECKEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.