E-COMMERCE TERMS OF SERVICE

Last updated on 14.10.2023

1. INTRODUCTION
   1. This Website is operated by the Company. Before creating the Account or placing an Order, please read these Terms of Service which form a legally binding agreement between the Company and the Client regarding the use of services for the Products offered on the Website, including those additional terms and conditions, policies and notices referred herein. The terms and references to “PATTERNA”, “Daniil Biryukov”,  “we”, “us” and “our” refer to the Company. The terms and references to “you” and “yours” refer to the Client.
   2. By clicking the consent box, you agree to have read, understood and be abided by these Terms of Service regarding your use of the Account, this Website and its content. The Products on the Website are offered subject to your acceptance to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Website and place the Orders of Products.  
2. CHANGES TO THE TERMS OF SERVICE
   1. The Company has right to amend these Terms of Service at any time by publishing the relevant changes on the Website. The date of latest Terms of Service will be available on the Website. Any changes made to these Terms of Service shall take immediate effect upon its publication.
   2. It is the responsibility of the Client to periodically review the Website for any changes to these Terms of Service. If the changes to these Terms of Service would materially affect the Client’s rights or obligations, the Company will provide written notice to the Client’s electronic mail address indicated at its Account at least 14 days prior to the effective date of the changes. The Client’s continued use of the services after the effective date of the changes constitutes acceptance of the modified or amended Terms of Service. If the Client does not agree with the changes made, Client has the right to stop using the Website and services provided therein at any time and cancel the Orders placed but not yet fulfilled.  
3. THIRD-PARTY LINKS AND SERVICES
   1. Our Website may contain links and materials to other third-party websites or services that are not operated, owned or controlled by the Company. Your access to third-party links is subject to your own risk and may require acceptance of third-party terms of use. The Company is not a party or affiliate to any such agreement and is not liable for the Client’s use of third-party services. We advise to review the privacy policy of every website you visit. Any complaints, claims, concerns or queries regarding third-party products or services should be directed to the relevant third-party. 
4. DEFINITIONS

5. GENERAL AGREEMENT
   1. The Company provides services for the Clients to place Orders for the purchase of Products available on the Website to be made with individual design. 
   2. The Company processes the Orders and organizes the delivery of individual design Products to the Client according to these Terms of Service.
   3. The following Terms of Service form part of the Agreement between the Company and the Client, according to which the Parties govern their rights and obligations in connection with the purchase and sale of the Products. The Agreement enters into force upon creation of Account of the Client and is valid until complete fulfilment of obligations of the Parties. 
6. ACCESS AND REGISTRATION
   1. In order to access the use of Website and place the Orders of Products, the Client shall register its Account, indicating all necessary information as required on the Website. In case the indicated information on behalf of the Client is incomplete or inaccurate, the registration of Account may be rejected.
   2. The Account is created for Client personal use only and not for business. Business use shall be considered as any systematic and independent activity undertaken with the primary intention of generating profit. Any Account created for business use will be rejected.
   3. The Company reserves its right to reject and suspend the registered Account of the Client if the indicated information is incomplete or inaccurate.
   4. The Client is solely responsible for the activity on its Account and use of the Website. The Client must notify the Company immediately in case of any unauthorized access or use of its Account. The Company is not liable for any loss caused due to unauthorized access or use of the Client’s Account.
   5. The Client is solely responsible for the activity on its Account and use of the Website. The Client must notify the Company immediately in case of any unauthorized access or use of its Account. The Company is not liable for any loss caused due to unauthorized access or use of the Client’s Account.
   6. For any inquiries regarding the use of Website, the functionality of the Account, the services offered, or any other matter requiring clarification, Clients are encouraged to refer to the shipping and returns section accessible at https://patterna.de/shipping_returns/. This section of the Website provides answers to the frequently asked questions about shipping and returns, serving as a valuable reference to assist in resolving queries and concerns relating to the Website, Account or services. 
7. THE PRODUCTS
   1. The Products – cosmetics products are not food products and cannot be used for human consumption. The Company has taken all necessary steps to ensure that the design of the Products sold and, in particular, their type, smell, colour, appearance, amount or size is not confused with food products and does not pose a risk to human health and safety.
   2. The Company does not allow misleading claims about the effectiveness and other characteristics of the Product, as well as complies with good manufacturing practices in the production of cosmetics Products.
   3. The Product consists of ingredients included in cosmetics and is safe for human life, health and environment, which complies with the norms of “Law on Product and Services Liability” of Latvia as well as the relevant applicable international laws.
   4. The Company reserves the right to modify, add, or remove any Products offered on the Website at any time without prior notice. The Client acknowledges and agrees that the Company may make such changes in its sole discretion. The Company is not liable to the Client for any changes made.
   5. PATTERNA fulfils the request of the competent institutions to issue Product information file in accordance with the requirements of applicable laws. 
8. INDIVIDUAL PACKAGING REQUIREMENTS
   1. The Product packaging design layout includes default information that meets the requirements of the Cosmetics Regulation.
9. TERMS OF PAYMENT
   1. The Company reserves the right to adjust the prices of the Products and modify the assortment offered on the Website at its sole discretion, due to market fluctuations, Product ingredient availability and other objective factors. Any such adjustments or modifications shall be made in a reasonable manner, and the Company shall not be liable for any resulting inconvenience or harm to the Client.
   2. All prices on the Website are indicated in euros (EUR). All prices are subject to value added tax or other sales taxes, if any applicable.
   3. Depending on the chosen delivery method and delivery address, a delivery fee may be applied to the Client’s Order, which will be clearly indicated before the payment is confirmed and included in the total Order price. The price of the Product indicated on the Website at the time of placing the Order is applied to the Order. The final price of the Product, including taxes and fees, as well as delivery or postage costs, will be indicated in the shopping cart before the conclusion of the relevant Product purchase contract.
   4. The Client pays for the Products in accordance with the payment method chosen by the Client when placing the Order. 
10. DELIVERY TERMS
    1. After the Company has received the payment for the Order, the Company shall deliver the Product to the Client in accordance with the chosen delivery method to Client’s indicated delivery address.
    2. The Company shall not be liable for any deliveries made due to the Client’s human error, including but not limited to, incorrect or incomplete delivery address information. The Client shall be solely responsible for ensuring that the delivery address information is accurate, precise and complete.
    3. The Company shall not be responsible for any damages, losses, or expenses arising from late or inaccurate deliveries or undelivered Products made due to such errors. Any expenses that have arisen due to such errors, shall be compensated by the Client.
    4. The estimated delivery time of the Product is specified in the Shipping policy terms available at: https://patterna.de/shipping_retunes. The indicated delivery time is an estimate and the Company shall not be liable for any delays or damages resulting from the delayed Product delivery.
    5. The Company may update the delivery time in case of its changes.
    6. The Client shall be responsible for all costs associated with the delivery of Product to the Client. The Company is not responsible for any additional costs or fees related to the Product delivery. 
11. TERMS OF RETURN
    1. Both parties to this Agreement acknowledge and agree that the nature of their business relationship is not commercial.
    2. In consideration of the business nature of the established relationship between the Parties, the Company shall only accept returns of Products that have been deemed non-conforming with the terms of this Agreement. For avoidance of doubt, the following non-conformities shall be considered as non-compliant with the terms of this Agreement:
       1. Printing defects exist on the Product packaging;
       2. Product damage has been sustained upon delivery;
       3. Wrong Product has been delivered;
       4. Non-conformities related to the quality of the Product with Product description;
       5. Other defects related to the manufacturing process.
    3. The Client must notify the Company of any defects or non-conformities within 7 days of delivery of the Products. The Company will investigate the issue and may replace or refund the damaged Products, at their discretion. The Client must return the damaged Products to the Company in the original, unused and unopened packaging, except for returns occurring due to Clause 11.2.4. of these Terms of Service. Any return costs will be borne by the Company unless otherwise agreed upon in writing by the Parties. 
12. OBLIGATIONS OF THE CLIENT
    1. When accessing or using the Website, you must comply with the Terms of Service and the special warnings or instructions published on the Website regarding access or use. You must always act in good faith and in accordance with the law.
    2. You may not make any changes or corrections to the Website, the content contained therein, nor may you in any way harm the operation or functional integrity of the Website. Without limiting the generality of any other provision of these Terms of Service, if Client knowingly or negligently breaches its obligations under these Terms of Service, Client is liable for the loss and damage that such breach may cause to the Company, our subsidiaries, partners or licensors.
    3. If the Client receives a request from the responsible authorities for the issue of a Product information file in relation to the ordered Product, the Client is obliged to immediately inform the Company or its authorized person.
    4. By accepting these Terms of Service, the Client authorizes “PATTERNA” Daniil Biryukov to perform the obligations of the responsible person within the meaning of the Cosmetics Regulation, including storage and presentation of the ordered Product information file at the request of the responsible authorities. Product information file is stored at the address approved by the Company, which is indicated on the packaging of the Products.
       
13. LIMITATION OF LIABILITY
    1. In accordance with the applicable law, the Parties are in no way liable (by contract, tort (including negligence) or otherwise) for: a) business interruptions; b) delays or interruptions in access to the Website; c) failure to supply; d) any damage or loss of any kind incurred in connection with the presence or use of links to other websites on the Website; e) computer viruses, system crashes or failures that may occur in connection with the use of the Website, including the use of hyperlink to or from third party websites.
    2. To the fullest extent permitted by applicable law, the Parties shall not be liable for any indirect, incidental damages (including lost profits) related to the Website or its use (or inability to use the Website) by you, regardless of the type of activity, contract, tort (including negligence) or for other reasons, even if the Company is informed on the possibility of such losses.
    3. The Company’s total liability under these Terms of Service shall not exceed the purchase price of the Products.
    4. The Client agrees that the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with these Terms of Service, including loss of profits or revenue, business interruption or loss of business information, diminution in value of other goods or otherwise.
    5. The Company shall not be liable for any claims or complaints from Data Subjects (as defined in General Data Protection Regulation) regarding any action taken by the Company as a result of acting in accordance with instructions received from the Client and to fulfil these Terms of Service. Further, the Client agrees that it will indemnify and hold harmless the Company on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Company arising directly or indirectly from a breach of this Clause.
    6. The limitations and exclusions of liability set forth in this Section shall apply to the fullest extent permitted by applicable law and shall survive any termination or expiration of these Terms of Service.
    7. PATTERNA is generally considered as the responsible person within the meaning of the Cosmetics Regulation. However, when distributing the Product in the EEA or other third countries. 
    8. The Parties shall not be liable for delays or non-performance of obligations or other types of non-performance due to circumstances and obstacles beyond their reasonable control, including but not limited to the imposition of national or international sanctions regimes, strikes, government orders, acts of war or national emergencies, terrorist threats or acts, environmental or climate anomalies, non-compliance by third parties, disruptions to the internet connection, and failures of computer equipment and software. In the event of such force majeure, the Parties shall endeavour to remedy effects of the delay as soon as possible. In this case, the deadline for fulfilment of obligations is extended until the cause or effect of the delay is eliminated.
       
14. INTELLECTUAL PROPERTY AND COPYRIGHT CLAIMS
    1. All information and content available on the Website, including, but not limited to, trademarks, logos, service marks, text, figurative marks, button icons, images, sound clips, data collections and software, their aggregation and layout is the property of the Company, its subsidiaries, shareholders, partners or licensors and is protected by the laws of Latvia, Germany and other laws and regulations relating to the protection of intellectual property, including laws that regulate the use of copyrights and trademarks. The use of the Company’s trademarks in any way, regardless of the purpose, is not permitted without the written permission of the Company.
    2. All content, correspondence of the Website, as well as marketing materials used to advertise the Website on third party resources are the property of the Company. The use, distribution, reproduction or republishing of its content in whole or in part is prohibited without the written consent of the Company, except for the following purposes:
       1. personal use of the content on the Website and its copies;
       2. making copies of the content on the Website or printing parts in accordance with reasonable personal use, which does not infringe the Company’s copyright or other intellectual property rights.
    3. You have the right to make hard copy or digital copies of the material for use of third parties, provided that you indicate the Company’s Website as the source of the content and materials by adding a top-level hyperlink (https://www.patterna.de) to any such republished copies. You must inform third parties with whom you intend to use these copies of the source of the copies. In case of republishing copies, the source of all materials must be indicated on the Company’s Website by inserting top-level hyperlink (https://www.patterna.de).
15. PRIVACY AND PERSONAL DATA PROCESSING
    1. The Company processes Personal Data in order to provide the Client with the Service and otherwise ensure fulfilment of the obligations set out in these Terms of Service.
    2. By using the Service, the Client acknowledge and agree that Company collection, usage and disclosure of Client’s personal information is governed by the Company’s Privacy Policy available on the Website.    
16. DISPUTE RESOLUTION PROCEDURE
    1. The Parties shall endeavour to settle all disputes by negotiation between them.
    2. The Company will respond to your application and inform you about the possible way of claim fulfilment or dispute resolution, or alternative way of claim fulfilment within 30 (thirty) days.
    3. If the dispute cannot be resolved through negotiations, it shall be considered in the court of Latvia in accordance with the regulatory enactments of Latvia.
    4. Nothing in these Terms of Service shall be construed to create a partnership or other type of joint undertaking between the Client and the Company. If any provision of these Terms of Service is unenforceable or invalid within the applicable law, is declared unenforceable or invalid, it shall not affect the validity or applicability of these Terms of Service in general, but instead these Terms of Service shall be amended to the extent permitted by applicable law to reflect as far as possible the original intention of the Parties. 
17. SUSPENSION AND TERMINATION
    1. The Company reserves the right to suspend the Client Account and withhold any payments on the Website without prior written notification to the Client in the following cases:
       1. The Client violates these Terms of Service;
       2. Fraud, wilful misconduct or gross negligence of Client is suspected, including but not limited to: diversion of Orders, engagement in illegal activities, violation of intellectual property rights of the Company or third-parties;
       3. Bankruptcy, insolvency, liquidation, administration or similar procedure of Client’s business has occurred;
       4. In other cases when in the opinion of the Company the activities of Client on the Website may be harmful to the reputation, brand or business of the Company.
    2. The Company shall notify Client in writing on the suspension of the Account and the reason for such suspension. The Client shall have a 30-day period to remedy the reason for Account suspension after receipt of notification.
    3. In case no remedy is performed on behalf of the Client after 30-day period, the Company reserves its right to terminate the Client Account permanently.
    4. The Client may terminate its Account by submitting a written request to the Company on the Website. 
18. PRODUCT INSTRUCTIONS

    1. Customers must use our products exactly as instructed on the product packaging and inserts. Any use of our cosmetics in a manner inconsistent with the directions provided is strictly prohibited. Improper use or application may result in damage or injury. Our company cannot be held liable for any harm or losses resulting from failure to follow the provided instructions. We bear no legal or financial responsibility for injuries sustained through incorrect product use. By purchasing our cosmetics, you agree to use them only as directed and at your own risk. Please read all enclosed materials carefully prior to application and contact us if you have any questions. We are not accountable for repercussions from disregard of our guidance.

19. CONTACT INFORMATION
    1. Questions relating to these Terms of Service may be submitted at: info@patterna.de