Terms of service

OVERVIEW
Welcome to Between Horses! The terms "we", "us" and "our" refer to Between Horses. Between Horses operates 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"). Between Horses is powered by Shopify, which enables us to provide the Services to you.

The below 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 of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products (printed photographs and photo-based products) in our online store. However, please note that colors or product appearance may differ slightly from how they appear on your screen due to your device and display settings.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Between Horses reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Between Horses confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided at the time the order was made.

Your purchases are subject to return, withdrawal, or exchange in accordance with our Return Policy and your statutory rights under EU consumer protection law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless otherwise agreed with us.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, posted prices include applicable German/EU VAT but do not include shipping, customs, or import charges where relevant.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store, and to promptly update this information as needed.

You represent and warrant that (i) any payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the chosen payment method, and (iii) you will pay all charges incurred at the posted prices, including shipping charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Risk of loss or damage passes to you upon delivery of the products to you, in accordance with applicable consumer protection law.

SECTION 6 - INTELLECTUAL PROPERTY
All photographs, images, designs, text, and other content on our Services are owned by Between Horses and are protected by German, EU, and international copyright and intellectual property law.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services — including our photographs — without our prior written consent, even after purchasing a physical product bearing the image. Purchase of a printed product does not transfer any copyright or licensing rights in the underlying photograph unless explicitly stated.

Between Horses's name, logo, and product designs are trademarks or protected works of Between Horses. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we do not control or monitor. We provide access to such tools "as is" and "as available," without warranties of any kind, to the extent permitted by law. Your use of any optional third-party tools is at your own risk, and you should review the relevant third party's own terms.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to visit them, you do so at your own risk, and any transactions or interactions there are solely between you and that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Between Horses is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Between Horses. Shopify is not a party to and is not responsible for any aspect of the sales relationship between you and Between Horses.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is processed in accordance with our Privacy Policy and applicable data protection law, including the EU General Data Protection Regulation (GDPR). Because the Services are hosted by Shopify, Shopify also processes certain personal data on our behalf in order to provide and improve the Services. Please review our Privacy Policy for details on how we and our service providers use your personal information.

SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, reviews, or other feedback ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and publish such Feedback for the purpose of operating, improving, and promoting our Services. You represent that you have the right to share this Feedback and that it does not violate any third party's rights.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise inappropriate.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to update information at any time, including after an order has been submitted, without affecting your statutory rights.

SECTION 13 - PROHIBITED USES
You agree to use the Services only for lawful purposes. You may not use the Services to: (a) violate any applicable law or regulation; (b) infringe our intellectual property rights or those of others; (c) harass, abuse, or harm any person; (d) transmit false or misleading information; (e) send spam or unsolicited advertising; (f) impersonate any person or entity; or (g) engage in conduct that restricts or inhibits others' use of the Services or exposes us or others to liability.

You further agree not to: (a) upload viruses or malicious code; (b) scrape, copy, or extract content from the Services without permission; (c) collect personal information about other users; or (d) use bots, scrapers, or automated tools to access the Services without our consent.

We reserve the right to suspend or terminate your account if we determine you have violated these Terms.

SECTION 14 - AGENTS
This section applies if you use, enable, or deploy an "Agent" (any autonomous or semi-autonomous software acting on your behalf) to access or interact with our Services. Any such Agent must clearly identify itself as such in all requests (e.g. via the user agent string), must not attempt to disguise itself as a human user or bypass security measures such as CAPTCHAs, and must comply with any instruction from us to stop accessing the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time if you materially breach these Terms, subject to applicable law. You remain liable for any amounts due up to the date of termination. Provisions which by their nature should survive termination (e.g. intellectual property, liability, governing law) will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information on our Services is provided for general informational purposes. We do not warrant that it is complete, accurate, or up to date at all times, and any reliance you place on it is at your own risk, to the extent permitted by applicable law.

Our products and Services are provided "as is" and "as available." Nothing in these Terms excludes or limits any statutory warranty or consumer right that cannot be excluded or limited under German or EU law, including your rights regarding defective goods.

SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by applicable law, Between Horses shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services or our products.

Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability which cannot be excluded or limited under German or EU law; or (iv) intentional misconduct or gross negligence. All other liability is limited to the extent permitted by applicable law.

SECTION 18 - INDEMNIFICATION
You agree to indemnify us against reasonable losses, damages, or claims arising from your breach of these Terms, your violation of applicable law, or your misuse of the Services, except to the extent such claims arise from our own breach, negligence, or willful misconduct.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and us regarding use of the Services, superseding any prior agreements or communications.

SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, in whole or in part, at any time.

SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. If you are a consumer, this choice of law does not deprive you of any protection afforded by mandatory provisions of the law of your country of habitual residence. Any disputes shall be subject to the jurisdiction of the German courts, without prejudice to any right you have as a consumer to bring proceedings in the courts of your own country of residence under applicable EU regulations.

SECTION 23 - HEADINGS
Headings used in this agreement are for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time by posting changes on our website. We will notify you of material changes where required by applicable law. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@betweenhorses.com.

Between Horses
Einzelunternehmen (sole proprietorship)
info@betweenhorses.com
Am Lasterbach 22, 49740 Haselünne, Germany
Phone: +49 172 8159084
VAT number: DE453017262