Terms of service

OVERVIEW

Welcome to STEPHAN BOYA! The terms “we,” “us,” and “our” refer to STEPHAN BOYA. STEPHAN BOYA operates this shop and this 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”). STEPHAN BOYA is powered by Shopify, which enables us to provide the Services to you.

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

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

By visiting or using our Services or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, purchase, or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

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

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or correspond to the images or representations in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to 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

When you place an order, you are making an offer to purchase. STEPHAN BOYA reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until STEPHAN BOYA confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as STEPHAN BOYA may no longer be able to accommodate cancellation requests once the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was made.

The return or exchange of your purchases is subject exclusively to the provisions of our right of withdrawal policy [LINK].

You represent and warrant that your purchases are intended for your personal use or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the email confirming your order. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.

Prices shown in our online stores may differ from prices in our physical stores or in online stores and other shops operated by third parties. We may from time to time offer promotions relating to our Services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

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

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we transfer the goods to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio files, and the design, selection, and arrangement thereof, are owned by STEPHAN BOYA, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials on the Services. Except as expressly provided herein, nothing in these Terms grants you any license or other right under any patent, trademark, copyright, or other intellectual property of STEPHAN BOYA, Shopify, or any third party, nor shall anything be construed as granting any license or other right. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by STEPHAN BOYA.

The names, logos, product and service names, designs, and slogans of STEPHAN BOYA are trademarks of STEPHAN BOYA or its affiliates or licensors. You may not use such trademarks without the prior written permission of STEPHAN BOYA. 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 trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into them.

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 website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the relevant third-party provider makes such tools available.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – EXTERNAL LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to external websites or your purchase or use of any products, services, resources, or content on external websites. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTICE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

STEPHAN BOYA is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases that you make in our store are made directly with STEPHAN BOYA. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and STEPHAN BOYA, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with STEPHAN BOYA.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information 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 information relating to your access to and use of the Services in order to provide and improve the Services for you. Information that 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 your country of residence in order to provide services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, 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 media 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 and to perform our obligations and exercise our rights under these Terms and Conditions.

You further represent that: (i) you own or otherwise control all rights in and to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation 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 and Conditions.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback 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 Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or injure our employees or any other person; (e) to submit 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 advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to otherwise engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm STEPHAN BOYA, 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 will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services by means of spam, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data mining and extraction tools, automated devices or processes, AI tools (e.g. agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security features or authorization functions of the Services, the robot exclusion headers, or any other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the use of an Agent to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that may run on behalf of a person or using a person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent is permitted to access, use, or interact with the Services if we have instructed it to cease accessing, using, or interacting with any Service.

14.3 We may limit, including by technical means, whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[Agent Name]”; (ii) must not hide or obscure the fact that access, use, or interaction originates from an Agent, including by (a) mimicking human behavior and interaction patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must answer truthfully any questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid any measures intended to prevent, restrict, modify, or control whether and how Agents access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

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

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, 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 16 – DISCLAIMER OF WARRANTY
The information provided on or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of such information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from reliance on such materials by you or other users of the Services, or by any third party who becomes aware of their contents.

UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, ASSURE, OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY 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), OR STRICT LIABILITY, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED 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 PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless STEPHAN BOYA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party arising out of or relating to (1) your breach of these Terms and Conditions or the documents incorporated herein by reference, (2) your violation of any applicable 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 claim, provided that any delay in notification will not relieve you of your obligations unless you are materially prejudiced by such delay. We may control the defense and settlement of such claim at your expense, including the choice of counsel; however, we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of any indemnifiable claim, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute 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 (including, without limitation, any prior versions of the Terms and Conditions).

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

SECTION 21 – ASSIGNMENT

You may not delegate, assign, or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and Conditions, as well as any separate agreements under which we provide you Services, shall be governed by and construed in accordance with the laws and the jurisdiction of the federal and state or territorial courts located where STEPHAN BOYA is based. You and STEPHAN BOYA consent to the local and personal jurisdiction of such courts.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS

The most current version of the Terms and Conditions can be reviewed at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice. By continuing to use or access the Services after the posting of any changes to these Terms and Conditions, you accept those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to contact@stephanboya.com.

Our contact information is provided below:

Stephan Boya GmbH
contact@stephanboya.com
Kuchelweg 13, 22605 Hamburg, Germany
+49 40 4501600
HRB109266
DE264813129