Terms of service

Welcome to HOME – House Of Mediterranean Essence (”HOME”, “we”, “us”, “our”). We operate this online store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide you with a curated, Mediterranean-inspired shopping experience. HOME is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy and Returns/Withdrawal Policy), govern your access to and use of the Services.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services. Nothing in these Terms affects the mandatory consumer rights that apply to you under EU or applicable local law.

SECTION 1 - ACCESS AND ACCOUNT

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

To use the Services — including accessing or browsing our online store or purchasing any products or services — you may be asked to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person. If you suspect unauthorized use of your account, please notify us promptly at houseofmediterraneanessence@gmail.com.

SECTION 2 - OUR PRODUCTS

We aim to present our products and Services accurately. However, colors and appearance may vary due to screen settings and the handmade nature of certain items (e.g., candles, ceramics), so minor variations are normal and part of their character.

Product descriptions, images, availability, and prices are subject to change at any time without notice. We may limit quantities or discontinue products for any person, region, or jurisdiction where reasonable to do so. Safety and care instructions (e.g., candle safety per EN 15494) must be followed at all times; failure to do so may void eligibility for return or refund where allowed by law.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. HOME reserves the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance and receive and process your payment. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests after acceptance.

If we cannot accept or must cancel your order (e.g., out of stock, pricing or description error, suspected fraud), we will notify you using the contact details provided and refund any amounts paid for the cancelled items.

Your purchases are subject to our Returns/Withdrawal Policy. If you are an EU consumer, you may have a 14-day right of withdrawal; details and instructions are provided in that policy. You represent that your purchases are for personal/household use, not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices are shown in EUR. Unless expressly stated otherwise at checkout, prices do not include shipping, handling, customs or import charges (if applicable). From time to time, we may offer promotions governed by separate terms; if there is a conflict, those promotion terms will prevail for that promotion.

Kleinunternehmerregelung (§19 UStG): We currently operate as a small business under §19 UStG and therefore do not charge VAT. Accordingly, invoices will not show VAT, and prices displayed are final consumer prices without VAT.

(Notice for invoices/checkout: “Gemäß § 19 UStG (Kleinunternehmerregelung) wird keine Umsatzsteuer berechnet.”)

You agree to provide current, complete and accurate purchase, payment, and account information, and to update it as needed to complete transactions (e.g., email, billing/shipping address, card details). By submitting a payment method, you represent and warrant that you are authorized to use it and that charges incurred will be honored.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times shown on the Services are estimates and not guaranteed. We will inform you of any delays as soon as we become aware of them. Partial deliveries may occur; this does not limit your statutory rights.

Transfer of risk (EU/DE consumers). For consumers, risk of loss passes only when the goods are in your physical possession (or that of a person you designate). If you choose your own carrier (not offered by us), risk passes upon handover to that carrier. Your statutory rights remain unaffected.

Availability and fulfilment. We may refuse or cancel orders where products are unavailable or where we cannot reasonably fulfil the order. In such cases, we will refund any amounts you have paid for the cancelled products.

Customs & import. Orders shipped outside your country may be subject to customs duties, taxes, and fees, which are your responsibility where applicable.

No waiver of consumer rights. Nothing in this Section limits your mandatory consumer rights under applicable law.

SECTION 5A - STATUTORY WARRANTY (EU/DE CONSUMERS)

For consumers in the European Union, statutory warranty rights (Gewährleistung) apply. The legal warranty period is 2 years from delivery. This is in addition to (and does not limit) any commercial guarantees we may voluntarily offer. If your product is defective, please contact us at houseofmediterraneanessence@gmail.com with your order number and a brief description of the issue.

SECTION 6 - INTELLECTUAL PROPERTY

The Services—including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof—are owned by House Of Mediterranean Essence, its affiliates or licensors, and are protected by applicable intellectual property laws.

You may use the Services for your personal, non-commercial use only. Except with our prior written permission, you must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any material from the Services. No license or rights are granted to you under any patent, trademark, copyright or other intellectual property of House Of Mediterranean Essence, Shopify, or third parties, except as expressly provided in these Terms. All rights not expressly granted are reserved.

Names, logos, product and service names, designs and slogans of House Of Mediterranean Essence are trademarks of House Of Mediterranean Essence or its affiliates or licensors. You must not use such trademarks without our prior written consent. Shopify’s names and marks are trademarks of Shopify. Other names and marks are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to tools or features offered by third parties. We do not monitor, control or have input over these tools and provide access “as is” and “as available” without warranties of any kind and without endorsement. We are not liable for your use of optional third-party tools. Your use is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms provided by the relevant third-party provider(s).

We may also introduce new features or tools in the future as part of the Services. Such new features are subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

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

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[Do not remove or modify this characterization of Shopify.]

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

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may 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 our store is hosted by Shopify, Shopify collects and processes certain personal data to operate and improve the Services. Depending on your location, this may involve transfers outside the EU/EEA; Shopify relies on appropriate safeguards (e.g., Standard Contractual Clauses). For details, see our Privacy Policy and Shopify’s Privacy Policy.

GDPR notice (EU/EEA): We process your data based on lawful grounds under GDPR (e.g., performance of a contract, legal obligations, and legitimate interests). You have the right to request access, rectification, erasure, restriction, portability, and to object to certain processing. You also have the right to lodge a complaint with your local supervisory authority. To exercise your rights, contact us at houseofmediterraneanessence@gmail.com.

SECTION 11 - FEEDBACK 

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose (including commercial purposes), to the extent permitted by law.

You represent and warrant that: (i) you own or control all rights in and to the Feedback; (ii) any material connections, incentives, or compensation related to your Feedback are clearly disclosed; and (iii) your Feedback complies with these Terms and applicable law. We may (but are not obligated to) monitor, edit, or remove Feedback that we consider unlawful, misleading, infringes third-party rights, or otherwise violates these Terms.

Privacy note: We will not publish your personal data contained in Feedback without a legal basis (e.g., your consent). Do not include sensitive personal information in Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). Your statutory rights remain unaffected.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. Without limitation, you agree not to use the Services:

• (a) for any unlawful, harmful, fraudulent, or malicious purpose;
• (b) to violate any applicable law or regulation;
• (c) to infringe intellectual property or other rights of us or others;
• (d) to harass, abuse, defame, insult, intimidate, or discriminate;
• (e) to submit false, misleading, or deceptive information or reviews;
• (f) to upload or transmit viruses, malware, or any code that may damage or impair the Services;
• (g) to send unsolicited advertising or spam;
• (h) to impersonate any person or entity or misrepresent your affiliation;
• (i) to scrape, crawl, or systematically extract data contrary to our instructions; or
• (j) to interfere with or circumvent security features of the Services or related systems.

We may suspend or terminate access if we believe you have violated this section. This is without prejudice to any other rights or remedies available to us under law.

SECTION 14 - TERMINATION

We may, at any time and in our sole discretion, suspend or terminate your access to the Services (in whole or in part) with immediate effect, including where you breach these Terms or applicable law. You remain liable for all amounts due up to and including the date of termination.

Upon termination, your right to use the Services will cease immediately. Sections intended to survive (including, without limitation, Intellectual Property, Feedback, Errors & Inaccuracies, Prohibited Uses, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions which by their nature should survive) shall continue in full force and effect.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of such information, and any reliance you place on it is at your own risk.

Except as required by mandatory law, the Services and all products offered through the Services are provided “as is” and “as available” without any express or implied warranties, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, including liability for intent, gross negligence, injury to life, body or health, fraudulent concealment of defects, liability under applicable product liability laws, or breaches of material contractual duties as set out in Section 16.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL House of Mediterranean Essence, 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, 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 the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including (without limitation) 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.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for intent or gross negligence, death or personal injury, fraud or fraudulent misrepresentation, or under the German Product Liability Act (Produkthaftungsgesetz). If you are a consumer, your statutory rights are not affected. Where liability for slight negligence cannot be excluded, our liability is limited to the typical, foreseeable damage arising from a breach of essential contractual obligations (Kardinalpflichten).

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless House of Mediterranean Essence, Shopify, and our/their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any 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 failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced). We may control the defense and settlement of 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 (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents. If you are a consumer, this Section does not apply to the extent the claim was caused solely by our breach.

SECTION 18 - SEVERABILITY 

If any provision of these Terms of Service 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 severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions. Where § 306 BGB applies, statutory law shall replace the invalid provision.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure 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 or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

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

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, including in connection with a reorganization, merger, or sale of assets, subject to mandatory consumer protection laws.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

If you act as a business (Unternehmer), you and House of Mediterranean Essence agree to the exclusive jurisdiction and venue of the courts of Frankfurt am Main, Germany.

If you act as a consumer resident in the EU, you may bring claims in your place of residence or in Frankfurt am Main. Mandatory consumer protection provisions of your country of residence remain unaffected. You may also use the European Commission’s Online Dispute Resolution (ODR) platform.

SECTION 22 - HEADINGS

The headings used in these Terms of Service are for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website.

Where required by applicable law, we will provide notice of any material changes (for example, by email or prominent notice on the site) indicating the effective date. Changes will apply from the date specified in the notice. Your continued access to or use of the Services after changes become effective constitutes acceptance of the updated Terms.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to: houseofmediterraneanessence@gmail.com.

Our legal contact/Imprint details:

• Trading Name: House of Mediterranean Essence (HOME)
• Business Form: Sole proprietorship (Gewerbe)
• Registered Office: Eckenheimer Landstraße 103, 60318, Frankfurt am Main, Germany
• Email: houseofmediterraneanessence@gmail.com
• Phone: +4917662759760
• Registered Proprietor (Owner): David Sheriff Bejarano
• VAT ID (USt-IdNr.): DE456452601
• Business license: Gewerbeanmeldung issued by Stadt Frankfurt am Main on 15.07.2025.