PRIVACY POLICY

THIS SITE IS OWNED AND MANAGED BY:

Markus Lupfer

Registered name: ML Consultancies Ltd

Registered office: 6 Academy Buildings, Fanshaw Street, London, N1 6LQ United Kingdom 

Email: info@markuslupfer.com 

Telephone: 0207 682 0095

Place of registration: Palladium House, 1-4 Argyll Street, London W1F 7LD

Registered in England under registration No. 4634915

VAT Registration: 814811444
 

 

PRIVACY POLICY

Effective from 21 May 2018

This privacy policy sets out how Markus Lupfer collects and processes your personal data through your use of our website and/or signing up for newsletters, entering our competitions, and other marketing activities off or online. Markus Lupfer is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Markus Lupfer may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

 

Information About Us

ML Consultancies is the controller responsible for your personal data (referred to here as “we”, “our”, “us” throughout this privacy policy). We are the primary data controller for the purposes of this website and our registered office is 6 Academy Buildings, Fanshaw Street, London N1 6LQ, United Kingdom. If you have any questions about this privacy policy, the use of your personal data, you can contact us on info@markuslupfer.com.

 

 

Information You May Provide To Us

We may collect some or all of the following information to us when you purchase goods from our website, register for a customer account, sign up for our newsletter, or participate in marketing activities either in person or online.

  • - Your identity and contact details: name, email address, postal address, billing address, telephone number.
  • - Your payment details: payment card details, expiry date and security code. These details are encrypted by our payment processing partner and we do not retain any payment details submitted by you.
  • - Demographic information: when you create a customer account we may collect information such as your data of birth, your interests, and preferences.
  • - Additional information: we occasionally keep additional information relevant to competitions, offers and surveys which we use to help us understand our business and for the purpose of direct marketing.

We do not collect any sensitive personal data and this website is not intended for children so we do not knowingly collect data relating to children.

 

 

Information We May Collect

When you visit our site we automatically collect usage and technical data about your browsing including the pages you visit and how you interact with these pages. We collect this data by using cookies, server logs, and similar technologies.

Technical data includes:

  • - Your IP (internet protocol) address, browser type, operating system and platform, and other device information.
  • - Information about your visit including products you viewed, searched for, length and frequency of visit, page interaction information and other communication data.
  • - If you access via mobile we also collect mobile network information, mobile operating system and the type of browser you use.
  • - We may also receive information from third parties we work closely with such as online fashion retail platforms, payment processors, and fraud prevention agencies.

 

 

How We Use The Data

We collect and process your personal data for the following purposes:

  • - When you purchase a product we ask you for the personal data necessary to fulfil our contract with you. This includes taking payment, performing anti-fraud checks, shipping and delivery of the order, and if necessary handling the return.
  • - Keeping you updated on the progress of your order, we usually communicate with you via email but we, or our delivery service providers, may contact you by phone if there are issues with regards to delivery.
  • - When visiting the site we collect the data necessary for us to provide you with the services of the website such as placing and holding items in your shopping bag.
  • - When you register on the site we collect the data necessary to ensure we can recognise you on subsequent visits and provide you with the services that registrations offers such as your order history, wish list, loyalty program, and stored information for expedited checkout.
  • - Processing the data required for your entry into a competition or promotion.
  • - We process data to analyse sales to help us improve our business.
  • - We process data to analyse the performance of our website.
  • - We analyse purchase history, web browsing history, and account data to tailor our marketing communications, web site presentation, and internet advertising to meet your preferences.
  • - If you contact Customer Care we will use the data you provide in order to respond to your request for help or information.

 

 

What Is Our Legal Basis For Processing Your Personal Data?

Under the law we must have a valid reason for using your personal data and we may not collect, store, or use data about you that is not compatible with that reason. We have four valid reasons for our use of your personal data:

  • - To fulfil our Contractual Obligation to you. Most of the data we collect from you is necessary to allow us to fulfil the contract we enter into with you when you purchase an item. The data is related to processing your payment, delivering your goods, and communicating your order status to you.
  • - Consent. In certain circumstances we will ask for your consent for us to use your personal data, for example, if we would like to send you marketing information about items we believe will be of interest to you.
  • - Legitimate Interests. We may also have a legitimate interest in using your data, for example ensuring the content of our website and marketing is relevant to your interests, and to ensure the effective presentation of our website to you. If this is our reason we must ensure that our interests do no override yours, and you are entitled to object to this use of your personal data.
  • - Legal Obligation. We may use your personal data in order to meet a legal obligation or to ensure your interests are protected, for example, where we may exchange data with specialist third parties for the purposes of fraud detections and credit risk reduction.

To provide some examples of our use of your personal data and the legal basis:

A. When you purchase a product on markuslupfer.com we ask for the necessary personal data to allow us to fulfil our contract with you including processing payments, completing fraud checks, delivering the products, and if required handling a return. The legal basis in this instance is Contractual Obligation. Without your data it would not be possible to execute the contract. We also are required to meet Legal Obligations as we are required to process orders in accordance with tax provisions and statutory rules which apply.

B. When you visit markuslupfer.com we collect the necessary personal information to allow to provide you with the services of the website, for example, placing items in your shopping bag. We also collect data about how you arrived at the website, the time spent on the website, what you viewed and searched for, page interactions, and response times. The legal basis in this instance is Legitimate Interest in order to provide adequate services to you and to ensure that the services are managed correctly.

C. When you visit markuslupfer.com we also collect data about your use of the site using cookies. For more information on cookies please view our Cookie Policy. The legal basis in this instance is Consent as you would have accepted use of these cookies via the cookie banner on our site. Some cookies are necessary in our legitimate interest to provide you with the services of the website, for example, we would not be able to store items in your shopping bag without the use of cookies.

D. When you register a customer account on markuslupfer.com we collect the data required to administer your account, recognise you on subsequent visits and provide you with the benefits of the services offered under registration, such as a wish list, loyalty program, and stored shipping data for expedited checkout. The legal basis for this information is Contractual Obligation as without provision of such data we would not be able to execute the obligations we have laid out in offered in the registration service.

E. If you sign up to receive the newsletter. The legal basis for this is Consent as you have given your permission for us to contact you about goods and services which may be of interest to you.

F. If you have made a purchase from markuslupfer.com we may use your personal data such as your purchase history, to contact you regarding goods and services which may be of interest to you. The legal basis in this instance is Legitimate Interest as the use of your data is necessary to ensure you receive relevant information.

G. If you contact customer care to request information, help, or to make a complaint. The legal basis in this instance is Contractual Obligation, the data is necessary for us to execute the contract.

 

 

Opting Out Of Marketing

If you have given your consent for us to use your personal data for marketing you have the right to withdraw your consent at any time. You can opt out of direct marketing, or change your preferences by unsubscribing from our newsletters, or by contacting Customer Care via email on shop@markuslupfer.com.

 

 

Who Will Process Your Data

Your data will be processed by the internal staff of Markus Lupfer who have been authorised for this processing. Where your data is transmitted to the third parties that we use to provide our services these parties have been assessed and provide the guarantee of compliance with the legislation of the processing of personal data.

 

 

Who We Share Your Data With

We may share your information with select third parties:

  • - Payment Acquiring Services to process your payment.
  • - Delivery and Courier companies to supply your order.
  • - Credit Reference and Fraud Prevention agencies.
  • - Analytics and search engine providers that assist in analysing and optimising the performance of our website.
  • - Companies who carry out marketing activities on our behalf.
  • - Companies specialising in market research and data processing.

 

 

Transfer Outside The European Union

Some of the third parties listed above may be located in countries outside of the European Union, whenever we transfer your personal data outside of the European Union we ensure we take the following safeguards:

  • - We may transfer your data to countries that have privacy laws providing the same level of protection of your personal data as the European Union.
  • - We may use contract clauses with recipients which mean they must protect your personal data with the same level of protection as the European Union.
  • - We may transfer personal data to organisations if they are part of the Privacy Shield framework which required them to provide similar protection to personal data shared between the European Union and the US.

 

 

Security Measures

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We are committed to regularly testing and evaluating the effectiveness and resilience of our technical and organisation measures.

 

 

How Long We Keep Your Data

We keep your data for as long as you are a customer and thereafter we may retain your data in order to respond to questions or complaints and to maintain the necessary records for legal, accounting or reporting purposes. We may also keep your data for research or statistical purposes.

 

 

Your Rights

You have the right to request a copy of the data that we hold about you, and we will provide this to you free of charge once we have confirmed your identity.

If we hold this data we will provide you with:

  • - A description of the data.
  • - The reasons why we are holding it.
  • - Inform you who it could be shared with.
  • - Inform you of how long we will keep this data.
  • - If the data was not provided by you will we give you any available information we have such as the source of the data.
  • - Inform you if the data is stored outside of the European Union and if so what safeguards are in place.
  • - Provide you with a clear and concise copy of the data.

You have the right to:

  • - Request a correction if the personal data we hold on you is incomplete or inaccurate.
  • - Request erasure of your personal data. On receiving and reviewing your request if there is no good reason for us to continue processing your personal data we will be responsible for promptly ceasing processing and deleting it. Please note, we may not always be able to comply for specific legal reasons which we will notify you of after receiving your request.
  • - Object to processing your personal data where we rely on legitimate interests (or those of a third party). You will need to explain the reasons behind your request and allow us to consider your request and respond to you.
  • - Request restriction of processing your personal data. You can ask us to suspend processing of your personal data if you want us to establish the data’s accuracy, where our use of the data is unlawful but you do not want it erased, where you need us the hold the data even if we longer require it in order to establish, exercise or defend legal claims, or you have objected to our use of your data but we need to review whether we have overriding legitimate grounds to use it.
  • - Request the transfer of your personal data to you or a third party. We will provide your personal data in a standard format and if you wish, and it is technically possible we can transfer your personal data directly to a third party for you.
  • - Withdraw consent at any time if we are relying on your consent to process your personal data, such as direct marketing or cookies. If you choose to do this we may not be able to provide certain products or services to you.

 

 

To exercise any of these rights please contact info@markuslufer.com or write to us at: Markus Lupfer, 6 Academy Buildings, Fanshaw Street, London, N1 6LQ, United Kingdom.

 

 

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

 

List of cookies we collect

The table below lists the cookies we collect and what information they store.

COOKIE nameCOOKIE Description
CART The association with your shopping cart.
CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly.
CURRENCY Your preferred currency
CUSTOMER An encrypted version of your customer id with the store.
CUSTOMER_AUTH An indicator if you are currently logged into the store.
CUSTOMER_INFO An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID
EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not.
FRONTEND You sesssion ID on the server.
GUEST-VIEW Allows guests to edit their orders.
LAST_CATEGORY The last category you visited.
LAST_PRODUCT The most recent product you have viewed.
NEWMESSAGE Indicates whether a new message has been received.
NO_CACHE Indicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site.
RECENTLYCOMPARED The items that you have recently compared.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
VIEWED_PRODUCT_IDS The products that you have recently viewed.
WISHLIST An encrypted list of products added to your Wishlist.
WISHLIST_CNT The number of items in your Wishlist.

 

TERMS AND CONDITIONS

Overview

This website is operated by Markus Lupfer. Throughout the site, the terms “we”, “us” and “our” refer to Markus Lupfer. Markus Lupfer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

 

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Section 5 - Products or Services 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


5.1 Gift Cards

Markus Lupfer virtual gift cards are subject to the following terms and conditions.  Gift cards can be purchased in GBP, USD and EUR with a minimum spend of £50/$50/€50 and in multiples of £50/$50/€50 and £100/$100/€100.  Virtual gift cards are valid for 365 days after purchase, any balance remaining after that period will be forfeited and lost.  Virtual gift cards can only be redeemed against purchases on markuslupfer.com.  Virtual gift cards can only be redeemed against an order made in the same currency as the gift card.  Virtual gift cards are non-transferrable by the person for whom they are bought, and cannot be returned or exchanged for cash.  If the order total is less than the value of the gift card then the remaining balance will be carried over to subsequent orders.  You can check your balance by registering on the site and inputting the gift card code in the 'Gift Card' section of your account.  Any purchases made exceeding the value of the gift card will require the balance paid by credit or debit card.  If you return items purchased on the gift card you will receive an email from customer care with a replacement gift card.  Markuslupfer.com is not liable for delivery of a virtual gift card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser to ensure a valid address is provided. Markuslupfer.com is not responsible for virtual gift cards which are lost, stolen, or used without permission. Markuslupfer.com may cancel a virtual gift card if we deem such action necessary.  Promotions cannot be applied to the purchase of virtual gift cards.

 

5.2 Promotions

Promotion codes have no cash alternative.  Promotion codes cannot be used in conjunction with any other promotion codes or offers and must be redeemed prior to the date published.

5.2.1 Gift with Purchase Promotion 22 - 28th May 2018

Spend over £300 and receive a complimentary limited edition Underwater Flower Lip Smacker Alex Tee.

Offer subject to availability and where limited stock lasts.

£300/€300/$300 must be spent in one transaction online and only one gift can be redeemed per transaction.

To claim please send your order number and size preference to shop@markuslupfer.com.

If your size is not available you will be offered an alternative size.

Offer not valid on returned items, complimentary gift must be returned with orginal order or the value of the item will be deducted from the original order.

 

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Section 9 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. 

 

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Section 13 - Disclaimer of Warranties: Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Markus Lupfer, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Markus Lupfer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of  London  GB .

 

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at shop@markuslupfer.com.