Terms of Service – Berlin Living

Effective Date: May 15, 2026

1. Introduction and Acceptance of Terms

Welcome to berlinlivingshop.com (the “Site”). This website is owned and operated by Berlin Living S.à r.l. (“we,” “us,” “our,” or the “Company”), a legal entity registered under the laws of the Grand Duchy of Luxembourg, with its principal business office located at 16, boulevard royal, 2449 Luxembourg.

These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “user,” or “customer”), and Berlin Living S.à r.l., concerning your access to and use of our website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto, including the purchase of any products, merchandise, or services offered on our e-commerce platform.

By accessing the Site, registering an account, browsing our product catalog, or placing an order, you explicitly acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms, you are expressly prohibited from using the Site, and you must discontinue use immediately.

2. Eligibility and User Representations

By using this Site, you represent, warrant, and covenant that:

You have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
You are at least 18 years of age, or the legal age of majority in your country of residence.
You will not use the Site for any illegal, unauthorized, or fraudulent purpose.
Your use of the Site will not violate any applicable law, regulation, or third-party right.
All registration, payment, billing, and shipping information you submit is true, accurate, current, and complete, and you agree to maintain the accuracy of such information promptly.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the absolute right to suspend or terminate your account, cancel pending orders, and refuse any and all current or future use of the Site.

3. Account Registration, Security, and Termination

To access certain features of the Site, including making a purchase or viewing past order histories, you may be required to register a user account.

3.1 Account Security

You are entirely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept full responsibility for all activities, orders, and financial transactions that occur under your account. You must notify us immediately at duskfal@berlinlivingshop.com if you suspect or discover any unauthorized use of your account or any other breach of security.

3.2 Prohibited Account Transfers

You may not sell, trade, gift, assign, or otherwise transfer your account to any other person or legal entity.

3.3 Account Termination

We reserve the right, in our sole and absolute discretion, without prior notice or liability, to terminate, suspend, or restrict your account or your access to the entire Site for any reason whatsoever. Reasons for termination may include, but are not limited to, a breach or violation of these Terms of Service, requests by law enforcement or government agencies, fraudulent or illegal activities, unexpected technical issues, or extended periods of account inactivity. Upon termination, your right to use the Site will cease immediately.

4. Electronic Communications

When you visit the Site, complete forms, send emails to us, or interact with our digital support interfaces, you are communicating with us electronically. You consent to receive communications from us electronically, including emails, text messages, push notifications, or notices posted directly on this Site.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Intellectual Property Rights

Unless otherwise indicated, the Site, its structural framework, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, trademarks, service marks, and commercial branding displayed on the Site (collectively, the “Content” and “Marks”) are owned or controlled by Berlin Living S.à r.l., or are licensed to us, and are protected by international copyright, trademark, patent, and unfair competition laws.

5.1 Limited License

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, personal license to access and use the Site solely for your personal, non-commercial shopping purposes.

5.2 Restrictions on Use

Except as expressly provided in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written consent. Any unauthorized use of the Content or Marks terminates the limited license granted to you immediately.

6. Product Descriptions, Availability, and Pricing

We make every reasonable effort to describe and display our products as accurately as possible.

6.1 Display and Accuracy

We cannot guarantee that your electronic device’s screen display, color calibration, or resolution will perfectly reflect the actual color, texture, or physical detail of the products delivered. All descriptions of products, specifications, and technical measurements are subject to change at any time without notice, at our sole discretion.

6.2 Availability and Modifications

All products are subject to availability. We cannot guarantee that an item listed on the Site will be in stock at the exact moment an order is processed. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.

6.3 Pricing Errors and Adjustments

Prices for our products are subject to change without notice. While we strive to ensure all financial and pricing indicators are accurate, typographical or system errors may occur. In the event that a product is listed at an incorrect price due to a system glitch or typographical error, we reserve the explicit right to refuse, reject, or cancel any orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your payment method charged. If your payment method has already been charged, we will issue a credit or refund to your original payment method.

7. Orders, Billing, and Payment Terms

7.1 Order Acceptance

The receipt of an order number or an automated order confirmation email does not constitute the formal acceptance of an order or a confirmation of an offer to sell. We reserve the explicit right, at our sole discretion, to accept, decline, or limit your order for any reason. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address.

7.2 Payment Verification

To prevent fraudulent digital transactions, all orders are subject to strict financial validation checks. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You authorize us (and our third-party payment processors) to charge your designated payment method for the total amount of your order, including applicable taxes, customs duties, packaging costs, and shipping fees. If your payment method cannot be verified, is invalid, or is otherwise unacceptable, your order will be automatically suspended or canceled.

7.3 Anti-Fraud and Third-Party Audits

We reserve the right to share transaction data and personal identifiers with external fraud prevention agencies, financial regulators, and credit bureaus to verify transaction authenticity.

8. Shipping, Delivery, and Risk of Loss

All purchases made through our Site are executed pursuant to a shipment contract.

8.1 Dispatch and Transport

This means that the risk of loss, damage, and title for such items passes to you immediately upon our delivery of the merchandise to the third-party logistics courier or postal carrier.

8.2 Shipping Costs and Compliance

Shipping dates, delivery estimates, and transit details are governed entirely by our separate Shipping Policy, which is incorporated by reference into these Terms. You are responsible for providing an accurate, accessible, and secure shipping destination. We are not liable for packages that are stolen, lost, or misplaced after the carrier marks the parcel as “Delivered” to your designated address.

9. Returns, Exchanges, and Refunds

All returns, exchanges, and refund claims are strictly regulated by our Return and Refund Policy, which is incorporated by reference into these Terms.

9.1 No Refund Without Physical Return

As detailed in that policy, we enforce a strict No Refund Without Return rule. Under no circumstances will a partial or full monetary refund, platform credit, or replacement product be issued to a customer unless the original physical product is successfully returned to our designated warehouse facility, passes our quality control inspection, and is confirmed to be in its original, unused, and resaleable condition.

9.2 Rejection of Claims

Any refusal to ship the item back to us, or any attempt to bypass physical returns, will result in the immediate and permanent cancellation of your refund claim and may lead to account suspension.

10. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by us.

As a condition of your use of the Site, you explicitly agree not to:

Systematically retrieve data, content, or product listings from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords or financial details.
Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copying of any Content.
Disparage, tarnish, defame, or otherwise harm, in our opinion, us, our employees, our brand, or the operational integrity of the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person or group.
Make improper use of our support services or submit false reports of abuse, product damage, or non-delivery.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worms, logic bombs, or other malicious material that interferes with any party’s uninterrupted use and enjoyment of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, spiders, scrapers, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use the Site or our merchandise as part of any effort to compete with us or use the Site for any revenue-generating endeavor or commercial enterprise.

11. Third-Party Websites, Content, and Integrations

The Site may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, safety, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so entirely at your own risk, and you should be aware these Terms of Service no longer govern your actions. You must review the applicable terms, policies, and privacy practices of any website to which you navigate from the Site.

12. Disclaimer of Warranties

The Site and all products, items, and services delivered to you through the Site are provided on an “as is” and “as available” basis for your use, without any warranties, representations, or conditions of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, Berlin Living S.à r.l. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, non-infringement, and freedom from computer viruses or malicious code.

We do not warrant, guarantee, or make any representations that:

The use of our Site will be completely uninterrupted, timely, secure, or free from functional errors.
The results that may be obtained from the use of the Site will be accurate, complete, or reliable.
Any server, system, hardware, network, or electronic infrastructure that supports the Site is entirely free of viruses or harmful software components.
Defective elements or operational anomalies on the Site will be corrected immediately.

13. Limitation of Liability

In no event shall Berlin Living S.à r.l., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential 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 any of the Site, or for any other claim related in any way to your use of the Site or any product purchased through the platform.

These excluded damages include, but are 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 platform or any content (or product) posted, transmitted, or otherwise made available via the platform, even if advised of their possibility.

Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable local law. In no event shall our total aggregate liability to you for all damages, losses, and causes of action exceed the total amount paid by you to us for the specific product giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Berlin Living S.à r.l., our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all claims, demands, losses, liabilities, damages, costs, or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of:

Your breach or violation of these Terms of Service or the documents they incorporate by reference.
Your improper, negligent, or unlawful use of the Site.
Your violation of any applicable local, national, or international law, regulation, or statutory directive.
Your violation of the proprietary rights of any third party, including intellectual property, privacy, or publicity rights.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of these claims.

15. Severability and Complete Agreement

15.1 Severability

In the event that any provision, clause, or sub-section of these Terms of Service is determined to be unlawful, void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity, legality, and enforceability of any other remaining provisions.

15.2 Complete Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies, operating rules, guidelines, or legal notices posted by us on this Site constitute the entire legal agreement and understanding between you and Berlin Living S.à r.l. and govern your complete use of the Site, superseding 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 of Service).

16. Governing Law and Jurisdiction

These Terms of Service, your access to and use of the Site, and any separate legal agreements or purchase contracts whereby we provide you products or services shall be governed by, interpreted, and construed in accordance with the laws of the Grand Duchy of Luxembourg, without giving effect to any principles of conflicts of law.

16.1 Dispute Resolution

Any dispute, controversy, claim, or divergence arising out of or relating to these Terms, including the validity, invalidity, breach, performance, or termination thereof, shall be subject to the exclusive jurisdiction of the competent courts located within the judicial district of Luxembourg City, Luxembourg.

16.2 Online Dispute Resolution (ODR)

If you are a consumer residing within the European Union, you also have the option to submit any contractual disputes to the European Commission’s Online Dispute Resolution (ODR) platform accessible via ec.europa.eu/consumers/odr.

17. Modifications to the Terms of Service

We reserve the absolute right, at our sole and exclusive discretion, to update, alter, modify, amend, or replace any part of these Terms of Service by posting updates and changes directly to our Site. It is your personal responsibility to check our Site periodically for changes.

Your continued use of or access to our Site or our services following the posting of any modifications to these Terms of Service constitutes formal and binding acceptance of those changes. The version of the Terms applicable to your purchase is always the version in effect at the exact time you finalized your order checkout.

18. Force Majeure

We will not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs, or other industrial action; civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack; war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, public health crises, natural disasters; impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; structural breakdown of telecommunication networks; or the acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

19. Contact Information

If you have any questions, clarifications, interpretations, or comments regarding these Terms of Service, or if you need to submit a formal legal notice to the Company, please contact us through the following official communication channels:

Company Name: Berlin Living S.à r.l.
Registered Corporate Address: 16, boulevard royal, 2449 Luxembourg
Contact Support Email: duskfal@berlinlivingshop.com
Official Telephone Number: +492441778087