Terms
Hero’s Journey Travel Agency GmbH - Terms & Conditions
Last Updated December 20, 2017.
Hero’s Journey Travel Agency GmbH, a German company located at Novalisstraße 10, 10115 Berlin, Germany (“Hero,” “we,” “us,” or “our”) owns and provides the website located http://feminista.world (the “Site”). These Terms and Conditions are a binding contract between you and us and these govern your use of the Site and the conditions of sale for products offered on the Site (individually or collectively, the “Product”). The Site and Products may only be used by you for your personal, non-commercial use as provided by these Terms and Conditions.
Hero, together with our parent, affiliates, and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, vendors, retail partners and any other party involved in the creation, operation, production or transmission of the Site or any Product shall be referred to herein as "Hero Parties."
PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO USING THE SITE OR OUR PRODUCTS AS WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME. THE MOST UP TO DATE VERSION OF THESE TERMS AND CONDITIONS WILL ALWAYS BE PUBLISHED ON THE SITE. YOUR USE OF THE SITE INDICATES YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
1. Using the Site.
The Site is available and may be accessed from the United States of America ("USA"). The Hero Parties make no warranty or representations that the Site or the Product are appropriate or available for access/use outside of the USA. If you access/use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site.
Users of all ages are welcome to browse the Site. However, if you are under the age of 13, do not provide any personal information about yourself on or through the Site, including, but not limited to, your name, address, email address, or phone number.
2. Privacy and Personal Information.
The personal information you provide to us as part of your order will be safeguarded in accordance with and subject to the terms of our [*link*Privacy Policy*link*].
3. Ownership and Permitted Use of Content.
The Site and Product design and all text, graphics, information, trademarks, copyrights, logos, service marks, trade names, photographs, advertisements, content, and other material displayed on the Site (the "Hero Content") are either the property of Hero or used by permission. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any Hero Content. You may not (i) modify the information available on the Site in any way or reproduce or publicly display, copy, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing, or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Hero Content, including copyright and trademark notices.
Hero Content may be protected by copyright, trademark or other laws. You may not use any Hero Content in any manner inconsistent with these Terms and Conditions or upon the prior express consent of the owner of the respective Hero Content. We reserve the right to use all legal and equitable remedies to protect Hero Content and to prosecute any unauthorized use thereof.
4. Availability of Product and Content.
All Product and Hero Content available on or through the Site, including, but not limited to, Product prices, are subject to change at any time and without notice. Additionally, we may discontinue any Hero Content or Product at any time in our sole discretion. Any Hero Content or Product available on or through this Site at a given time does not suggest, imply, or warrant that the same Hero Content or Product will be available at any other time. It is your responsibility to know and comply with all applicable laws regarding your possession and use of any Product offered on or through this Site. By submitting an order, you represent that you will use the Product in a manner that complies with applicable law at all times.
5. Reliability of Site and Information.
We do not guarantee that the Site will always be accessible, in the most up-to-date condition, or free from defects. We try to make sure that all information on the Site is complete, accurate and current but it might not be. Without limiting the generality of the disclaimers and limitations set forth in these Terms and Conditions, given the unique nature of our Product, we cannot assume any liability or responsibility for any inaccuracies or errors or for any loss or damage caused by or arising out of your reliance upon the information obtained from or through the Site. Weights, measures, and Product descriptions are provided for your convenience only and they may be approximated. The Hero Parties use our best efforts to accurately portray the Product; however, the actual color of the Product may differ depending on the browser or device you use while using the Site. We do not guarantee that your perception of the Product on the Site will accurately display the actual color, shape, and size of the actual Product. We do not guarantee that our Products smell as may be described on the Site. The Hero Parties make no representation as to the completeness, accuracy, availability or timeliness of any information on this Site.
Additionally, we may make changes to Product price and availability without notice. We determine Product availability upon receipt and automatic acknowledgement of orders. While we strive to confirm each order via email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell Product. We reserve the right to reject orders and limit order quantities in our sole discretion.
6. Product Purchases and Shipping.
Purchases are for private use only. By submitting a properly completed order, you represent that you are at least 18 years old and are purchasing for private household use only. We do not authorize any sale of our Product outside the U.S. or any commercial resale. The Hero Parties may require verification of your personal information before we accept payment or ship your order.
Orders will be shipped within to the address provided by you in your order so long as that shipping address is compliant with our shipping restrictions indicated on the Site. All purchases from the Site are made pursuant to a “shipment contract” as defined under Article 2 of the Uniform Commercial Code whereby the transfer of title and the risk of loss for each order passes to the buyer upon our delivery of the order to the shipper. You are solely responsible for filing any claims with the shipper for damaged and/or lost shipments. If we do not ship your order within 30 days of your properly completed order submission, you will have the option to cancel your order by sending us an email notifying us of your intent to obtain a free refund. Your email must contain your name, address, email, phone number, and order number to the following email address weaeallhumans@feminista.world. In such case, we will credit your account within one billing cycle after the order is properly cancelled.
7. Third Party Links.
The Site may contain links to websites that are not governed by these Terms and Conditions (the "Linked Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. The Hero Parties are not responsible for any content, materials or other information located on or accessible from any other website or the Linked Sites. The Hero Parties do not endorse, guarantee, or make any representations or warranties regarding any Linked Sites, or any content, materials or other information located on or accessible from such websites, or the results or potential damage that you may encounter from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Sites closely before using, submitting information to such Linked Sites, and allowing children to visit Linked Sites.
8. Disclaimer of Warranty.
THE SITE AND ANY PRODUCT PROVIDED BY US THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTIES, "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERO AND THE OTHER HERO PARTIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THE SITE OR ANY OTHER SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF HERO OR ANY OTHER HERO PARTY IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT YOUR USE OF LINKED SITES, THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO THOSE LINKED SITES, THIRD-PARTY SITES AND RESOURCES.
9. Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HERO PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR PRODUCT, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (INCLUDING, E.G, AS PROHIBITTED BY THE LAWS OF THE STATE OF NEW YORK). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Indemnification.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold Hero and all Hero Parties harmless from any liability, loss, claim, expense, and cost, including reasonable attorneys’ fees, arising out of or related to your use of this Site, your use of the Product, and/or your breach of these Terms and Conditions.
11. Termination.
We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Product available on or through the Site at any time without notice. You are personally liable for any orders that you place or orders that are otherwise placed using your payment information. We shall not be liable to you or any third party for any of the foregoing.
12. Dispute Resolution/Arbitration
Binding Arbitration
To the fullest extent permitted by law, any unresolved claim, controversy or dispute arising out of or relating to the Site or the Product, these Terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) will be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law principles.
You and Hero each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New York, New York on an individual basis and not as a class action.
You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and Hero shall each agree on one single arbitrator to conduct the arbitration. In the event the you and Hero cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.
Arbitration Final
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST HERO PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
13. Miscellaneous
You may not use the Site or any Product to export or re-export the Product in violation of any applicable laws or regulations including without limitation United States export laws and regulations.
If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions, and any other policies or other terms incorporated herein, constitute the entire agreement between you and Hero relating to your use of the Site, your purchase of Product, and the use, handling, and rights to personal information submitted or provided by you, superseding any other agreement between you and Hero with respect to the subject matter hereof. Section headings are for convenience only. If any provision of these terms or any other policies or other terms incorporated herein shall be found to be unenforceable, the remaining provisions shall continue in full force and effect.
14. Contact Us.
For issues or questions related to the Site, the Product, or these Terms and Conditions please write to us at the address listed above, email us at wereallhumans@feminista.world. Representatives are available only Mo-Fr between 10 am and 5pm UTC_.