Terms of service
OVERVIEW
Welcome to Lehner Design! The terms “we”, “us” and “our” refer to Lehner Design. Lehner Design 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”). Lehner Design is powered by Shopify, which enables us to provide the Services to you.
The following Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover matters such as warranty disclaimers and limitations of liability.
By visiting, using or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. 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 at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing the products and services offered by us, you may be asked to provide certain information, such as your email address and 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 login credentials and for all activities that occur 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 as accurately as possible in our online stores. However, please note that the colours or appearance of the products may differ from how they appear on your screen, depending on the type of device used to access the store and the settings and configuration of your device.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or correspond exactly with the images or representations shown in our online stores.
All product descriptions are subject to change 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 products offered 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. Lehner Design reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Lehner Design confirms its acceptance. We must receive and process your payment before your order can be accepted.
Please review your order carefully before submitting it, as Lehner Design may not be able to accommodate cancellation requests after 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 when the order was placed.
Returns or exchanges of your purchases are governed exclusively by the terms of our Cancellation and Return Policy [LINK].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without 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 stated in your order confirmation email. Unless expressly stated otherwise, the displayed prices do not include taxes, shipping costs, handling charges, customs duties or import charges.
Prices displayed in our online stores may differ from prices offered in our physical stores or in online and other stores operated by third parties. From time to time, we may offer promotions in connection with our Services that may affect pricing and may be subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorised to use the credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card provider; and (iv) you will pay all charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we have handed the goods over to the shipping carrier, ownership and the risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are owned by Lehner Design, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. 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 available through the Services.
Except as expressly provided herein, nothing in these Terms grants or may be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to Lehner Design, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Lehner Design.
The Lehner Design name, logos, product and service names, designs and slogans are trademarks of Lehner Design or its affiliates or licensors. You may not use these trademarks without the prior written permission of Lehner Design. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be provided with access to customer tools offered by third parties. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, 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 the terms under which the relevant third-party tools are provided.
We may also offer new features through the Services in the future, 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 of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may include 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 that 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 relating to your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites. Please carefully review the third party’s policies and procedures and ensure that you understand them before entering into 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
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Lehner Design is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are transactions directly between you and Lehner Design.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Lehner Design, including any injury, damage or loss arising from the purchase of products or services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Lehner Design.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services. Data that you submit through the Services will be transmitted to and shared with Shopify and third-party service providers, which may be located in a country other than your country of residence, in order to provide services to you.
For more information on how we, Shopify and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purpose, including commercial purposes.
For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.
You also represent that: (i) you own or otherwise have all necessary rights to all Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.
We are and shall remain under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory 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 regarding the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating 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 at any time without prior notice if any information is inaccurate, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state or local regulations, rules, laws 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, slander, disparage, intimidate or otherwise injure our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited communications;
(h) to impersonate or attempt to impersonate another natural or legal person; or
(i) to engage in any other conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, as determined by us, may harm Lehner Design, Shopify or users of the Services or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that may 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 data of others;
(d) misuse the Services for spam, phishing, pharming or pretexting;
(e) use robots, spiders, scraping tools, data-gathering or extraction tools, automated devices or processes, AI tools, including agentic AI, or automated or manual means to access the Services; or
(f) interfere with, circumvent or manipulate security or authorisation features, robot exclusion headers or other measures used by us to restrict access to the Services.
We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section, the “Agent Terms”, applies if you use, permit, 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 operate on behalf of 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 may 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 restrict, including through technical measures, 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 must disclose the name of the Agent by including the following in the request’s User-Agent string: “Agent/[Agent Name]”;
(ii) must not conceal or obscure the fact that access, use or interaction originates from an Agent, including by:
(a) imitating human behaviour or interaction patterns; or
(b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use;
(iii) must truthfully answer any question or prompt intended to determine whether an interaction originates from a human or a computer; and
(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 of them, at any time and without prior notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: 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.
The information choices provided on or through the services are for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, 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, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY 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 THE SERVICES OR ANY PRODUCTS PROCURED 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 VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Lehner Design, 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 third parties arising out of or in connection with (1) your breach of these Terms and Conditions or the documents incorporated herein by reference, (2) your violation of 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 a delay in notification will not release you from your obligations unless it causes you material prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense against indemnification claims, including by providing relevant documents.
In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us 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 to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
You may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms without our prior written consent; any such attempt shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts at the registered office of Lehner Design. You and Lehner Design consent to the personal and local jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at lukaslehnerdesign@gmail.com.
Our contact information is listed below:
Lehner Design - Lukas Lehner
lukaslehnerdesign@gmail.com
Sandgasse 35, 7142 Illmitz, Austria
VAT Identification Number: ATU82525723