Terms of service

OVERVIEW
Welcome to Wandering Merchant! The terms “we,” “us,” and “our” refer to Wandering Merchant. Wandering Merchant operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Wandering Merchant is built on Shopify, which enables us to provide these Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights and include topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you indicate your agreement to these Terms and to our Privacy Policy. If you do not agree to these Terms or to the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.

To use the Services—including accessing or browsing our online shops, or purchasing products or services we offer—you may be asked to provide certain information, such as your email address and details for billing, payment, and shipping. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide such information.

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

SECTION 2 – OUR PRODUCTS
We strive to present our products and services in our online shops as accurately as possible. However, please note that colors or the appearance of products may vary from what you see on your screen due to the device you use to access the shop, as well as its settings and configuration.

We make no guarantee that the appearance or quality of the products or services you purchase will meet your expectations or fully match the representations in our online shops.

All product descriptions may be changed at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase. Wandering Merchant reserves the right, at its sole discretion and for any reason, to accept or decline your order. Your order is not considered accepted until it has been confirmed by Wandering Merchant. Acceptance of your order requires that your payment has been received and processed. Please review your order carefully before submitting it, as Wandering Merchant may not be able to accommodate cancellation requests once an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number you provided at checkout.

Returns or exchanges of your purchases are handled solely in accordance with our 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 – PRICING AND BILLING
Prices, discounts, and special offers may change without prior notice. The price charged for any product or service is the price in effect at the time your order is placed and will be stated in the order confirmation you receive by email. Unless expressly noted otherwise, listed prices do not include taxes, shipping, handling, customs, or import fees.

The prices shown in our online shops may differ from prices in physical stores, other online shops, or third-party retailers. From time to time, we may run promotions that affect pricing and that may be subject to terms different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms take precedence.

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 and other details—such as your email address, credit card numbers, and expiration dates—so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the card for purchases, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay the charges incurred at the listed prices, including any applicable shipping, handling, and taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. 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 control. Once we hand the products over to the shipping carrier, ownership and the risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to all trademarks, service marks, text, artwork, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof—are the property of Wandering Merchant, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly stated in these Terms, no provision grants you any license or rights in patents, trademarks, copyrights, or other intellectual property owned by Wandering Merchant, Shopify, or third parties, nor may such rights be implied. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Wandering Merchant.

The names, logos, product and service names, designs, and slogans of Wandering Merchant are trademarks of Wandering Merchant or its affiliates or licensors. You may not use these trademarks without prior written permission from Wandering Merchant. 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 appearing on the Services are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools provided by third parties as part of the Services, which we do not monitor, control, or influence.

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 disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which such tools are provided by the relevant third-party providers.

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

SECTION 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses arising from your access to third-party websites, or from the purchase or use of products, services, resources, or content available on such third-party websites. You should carefully review the policies and procedures of the third party and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP TO SHOPIFY
Wandering Merchant is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with Wandering Merchant. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Wandering Merchant, including any injuries, damages, or losses arising from purchased products or services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising from or related to your purchases and transactions with Wandering Merchant.

SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Any data you submit to the Services will be transferred to Shopify as well as to third-party providers, which may be located in countries other than the one in which you reside, in order to provide the Services to you. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, comments, feedback, reviews, suggestions, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, to fulfill our obligations, and to exercise our rights under these Terms.

You further represent and warrant that: (i) you own all rights in your Feedback or have full authority to grant the rights described above; (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) treat your Feedback as confidential, (2) provide compensation for your Feedback, or (3) respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You represent that your Feedback does not violate the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory, unlawful, abusive, or obscene material, and does not include viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, lead times, or 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 and without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise mistreat any of our employees or any other person;
(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 transmit or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitations;
(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, in our sole discretion, could harm Wandering Merchant, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

We reserve the right to suspend, deactivate, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, and at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

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

SECTION 15 – DISCLAIMER
The information presented in or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your or other visitors' reliance on these materials or any other person who may be informed of their contents.
UNLESS EXPRESSLY STATED BY Wandering Merchant, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Wandering Merchant, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS ACQUIRED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Wandering Merchant, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims—including reasonable attorneys’ fees—owed to third parties and arising from (1) your violation of these Terms or any documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claims, provided that the failure to give prompt notice does not relieve you of your obligations unless you are materially disadvantaged by such failure. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel; however, we will not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, along with any policies or operating rules posted by us on this website or in connection with 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, but not limited to, prior versions of the Terms).

Any ambiguity in the interpretation of these Terms shall not be construed against the party who drafted them.

SECTION 20 – ASSIGNMENT
You may not transfer, assign, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide you with the Services are governed by, and shall be interpreted in accordance with, the federal and state or territorial laws of the country in which Wandering Merchant is headquartered. You and Wandering Merchant agree to submit to the jurisdiction and personal authority of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not affect the interpretation of these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms 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. Such changes will take effect on the date specified in the notice. By continuing to access or use the Services after changes to these Terms have been posted, you indicate your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us.

Our contact information is listed below:
Wandering Merchant 
Nordstrasse 62
46399 Bocholt
Germany
Phone: +49 (0) 2871-2947578
Mail: heythere@wandering-merchant.shop