Terms of service

OVERVIEW
Welcome to BARON FILOU! The terms “we”, “us” and “our” refer to Baron Filou GmbH, Elisabethstrasse 101, 8010 Graz, Austria (“BARON FILOU”). BARON FILOU 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”). BARON FILOU is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, 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.
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 the 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 legally capable of entering into binding contracts under the law of your country of residence, or that you are acting with the consent of your legal guardian.
To use the Services, including accessing or browsing our online store or purchasing any of the products 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 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 activity on your account. 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 in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
The presentation of products in our online store does not constitute a binding offer. When you place an order, you are making an offer to purchase. BARON FILOU reserves the right to accept or decline your order. A contract is concluded only when BARON FILOU confirms acceptance of your order or ships the goods. Please review your order carefully before submitting it. If we do not accept, change or cancel an order, we will notify you using the email address, billing address and/or phone number provided at the time of the order, and any payment already made will be refunded.
Returns and exchanges are governed by our Refund Policy. Your statutory right of withdrawal as a consumer remains unaffected.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND PAYMENT
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email.
All prices include the applicable statutory value added tax (VAT). Shipping costs are not included and are shown separately before you complete your order. For deliveries to countries outside the European Union, customs duties, import taxes and fees may apply, which are payable by the recipient.
Prices in our online store may differ from prices in physical stores or in stores operated by third parties. From time to time we may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
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 so that we can complete your transactions and contact you as needed. You confirm that you are authorised to use the payment method you provide.

SECTION 5 - SHIPPING AND DELIVERY
Delivery times stated in our store are estimates. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. If you are a consumer, the risk of loss or damage passes to you when the goods are delivered to you or to a third party designated by you (other than the carrier). Ownership of the goods passes to you upon full payment.

SECTION 5A - ALCOHOLIC BEVERAGES
Alcoholic beverages (in particular wine) are sold and handed over exclusively to persons aged 16 or over, in accordance with the youth protection laws of the Austrian federal states and Section 114 of the Austrian Trade Regulation Act (Gewerbeordnung 1994). By placing an order that contains alcoholic beverages, you confirm that you are at least 16 years old.
Alcoholic beverages are delivered only to shipping addresses within Austria.
Parcels containing alcoholic beverages may only be accepted by the recipient or by another person aged 16 or over at the delivery address. We reserve the right to request proof of age, to arrange delivery with an age check by our shipping partner, and to decline or cancel orders if there is reason to believe that the buyer or the recipient is under 16. In that case, any payment already made will be refunded in full.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by BARON FILOU, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.
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 without our prior written consent. Nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of BARON FILOU, Shopify or any third party. All rights not expressly granted herein are reserved by BARON FILOU.
BARON FILOU’s names, logos, product and service names, designs and slogans are trademarks of BARON FILOU or its affiliates or licensors. You must not use such trademarks without the prior written permission of BARON FILOU. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may be given access to tools offered by third parties, which we neither monitor nor control. Such tools are provided “as is” and “as available”, without any endorsement by us. Your use of optional third-party tools is at your own risk, and you should make sure that you are familiar with and agree to the terms on which they are provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future (including new tools and resources). Such new features are also part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for the content or accuracy of any third-party materials or websites you choose to access, or for any products, services or content you purchase or use on third-party websites. Please review the third party’s policies and practices carefully before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
BARON FILOU 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 BARON FILOU. Shopify is not a party to the purchase contract between you and BARON FILOU and is not responsible for any aspect of such sales.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. 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 information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK AND REVIEWS
If you submit ideas, suggestions, feedback, reviews or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use, in particular to operate, provide, improve and promote the Services.
You confirm that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that your Feedback does not violate any rights of third parties or any applicable law and does not contain any unlawful, abusive or obscene content or any malware. 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.
We are not obliged to keep Feedback confidential, to pay compensation for it or to respond to it. We may, but are not obliged to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, defamatory or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time. If an order has been placed on the basis of an obvious error (for example a clearly incorrect price), we may cancel the order; any payment already made will be refunded in full.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, defame, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any unsolicited advertising or promotional material (“spam”); (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which may harm BARON FILOU, Shopify or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account if you violate these Terms.

SECTION 14 - TERMINATION
We may terminate your access to the Services (or any part thereof) if you violate these Terms or for other good cause. Contracts already concluded remain unaffected, and you remain liable for all amounts due up to the date of termination.
The following sections continue to apply after termination: Intellectual Property, Feedback and Reviews, Termination, Warranty, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law and Jurisdiction, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - WARRANTY
The statutory warranty rights (Gewährleistung) apply to all products purchased in our store. Please contact us at contact@baronfilou.com if a product is defective, damaged or not as described.
Information on the Services that does not relate to the products you purchase is provided for general information purposes only. We do not guarantee that the Services will be available without interruption or free of errors.

SECTION 16 - LIMITATION OF LIABILITY
We are liable without limitation for damages caused intentionally or through gross negligence and for personal injury. In cases of slight negligence, we are liable only for the breach of essential contractual obligations and only for typical, foreseeable damage. Liability under the Austrian Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory provisions, in particular the Austrian Consumer Protection Act (Konsumentenschutzgesetz), remains unaffected. These limitations also apply to our employees, agents and service providers.

SECTION 17 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless BARON FILOU and Shopify from any claims of third parties, including reasonable legal costs, arising from (1) your culpable breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your unlawful use of the Services.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is or becomes invalid, void or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the statutory provision that comes closest to its intended purpose.

SECTION 19 - ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms of Service, this does not constitute a waiver of such right or provision.
These Terms of Service, together with the policies referenced herein, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior versions of the Terms of Service.

SECTION 20 - ASSIGNMENT
You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer these Terms to an affiliated company or a successor in the event of a business transfer, provided that this does not adversely affect your rights.

SECTION 21 - GOVERNING LAW AND JURISDICTION
These Terms of Service and all contracts concluded via the Services are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.
If you are a consumer, the statutory place of jurisdiction applies. For all other customers, the exclusive place of jurisdiction is Graz, Austria.

SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We may update these Terms of Service for the future, for example due to legal or operational changes. The version in effect at the time of your order applies to that order. We will notify you of material changes in accordance with applicable law.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to contact@baronfilou.com.
Baron Filou GmbH
Elisabethstrasse 101, 8010 Graz, Austria (please note: this is not a return address)
Email: contact@baronfilou.com
Company register no.: FN 507641g
VAT ID: ATU74157413