Speckmeier & Qarizada GbR, Fürstenrieder Straße 67, 80686 Munich, Germany (hereinafter referred to as “we” or “My Boutique Themes”) operates an online shop for digital goods and services on the website https://myboutiquethemes.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
Installation + Demo Setup Service for WordPress Themes
By purchasing My Boutique Theme’s WordPress Theme Installation Service (also referred to as “Installation”, “Installation Service” or other variations of the terms), you agree to the following terms as described below.
We strive to complete the theme installation within 24 hours after your submission of all relevant information via our install questionnaire; however, please understand that this time frame can’t be guaranteed. Although we aim to provide a shorter timeframe, the actual time to complete the installation may be longer than 24 hours; this is rarely the case, still no compensation will be provided for late completion of the services.
What is included in the theme installation service:
- Upload and Installation of your chosen theme (theme needs to be purchased separately)
- Demo Content Upload or integration with your existing content (including logo upload, setup of demo pages, demo widgets and chosen layout)
- Installation of all required and recommended plugins
- Customization setting of your chosen theme colors and fonts
- Setup of Mailchimp Plugin and connection to your Mailchimp Account
What is not included in the theme installation service:
- Any setup of pages, posts or other content that is not included in the demo content
- Images as shown on the demo sites (demo content comes with grey placeholder images)
- Theme modifications or customizations of any kind, including changes to the content, layouts, functionality, design etc.
- Revisions of any kind
- Installation of WordPress software or server hosting
- Installation and setup of third-party plugins and widgets
- Support for (WordPress) questions not related to the theme
After purchasing the Theme Installation service you will be prompted to fill out a questionnaire regarding all information we need to install your theme. To make the process as easy and fast as possible for you, we can not include any details into your theme installation that were not submitted through this form.
My Boutique Themes reserves the right to decline or cancel any install order at any time. In the event of an install order being cancelled, you will be refunded the total value of the installation service.
Due to the nature of digital goods, you will not be refunded the value of the selected theme files.
We work hard to make our products as user-friendly as possible, and our support resources and documentations are available to help you get the most out of your new design and get your online presence up and running quickly and easily. We strive to be accessible for you, get in touch with you in a timely manner, and give you answers to your theme-related questions.
However, our support policy is designed to clearly outline what’s covered and what’s not. We’re not obliged to offer this level of support, but we chose to do so because we know how helpful it can be if you are getting stuck.
With that being said, here is what our theme support for up to 12 months after your purchase covers.
Our support helps you with issues related to…
- Installing one of our WordPress themes
- Any of the theme’s features, widgets or settings
- Updates to the WordPress software and the impact on our themes
- General bug fixes
Unfortunately there are issues we can’t help you with:
- Theme modifications or customizations that are not within the advertised scope of the theme
- General WordPress questions or WordPress-related support
- Problems or incompatiblities with third party plugins
- Issues arising from user modifications to the code, styling or functionality
Our support ensures that you get your theme installed and configured like the demo site of the respective theme. We are here to solve any problems you may have with the installation process itself, to get all the functionality working as shown or to fix any bugs you may have found along the way.
Please understand that all design decisions were made consciously by us to create a good looking design – please use the features and functions of the theme as they were intended, instead of trying to change them into something that looks and works differently. We cannot help with customizations or provide support for problems caused by changes to the code, styling or functionality of the template, whether those changes were made by you or others.
We do not provide general support for installing, managing, or customizing the WordPress software itself. The WordPress.org forums can help you with any WordPress related issues.
We do not offer support for third-party plugins – all questions should be discussed with the author of the respective plugin. Please make sure you have disabled all third-party plugins before submitting a support ticket.
We cannot provide support for your server or hosting configuration – these issues should be discussed with your hosting provider.
If you alter or remove the copyright notice included in every theme, we reserve the right to cancel your access to support.
Our WordPress themes are designed as DIY products – basic working experience with the WordPress platform is required to get the most out of each product. Users who need a higher level of support are encouraged to look for a professional web developer to support their project.
Support must be requested through the right channels so that it can be received and responded to. To request support, please contact us using the form on our Support page here. We cannot respond to support requests sent through other channels such as Twitter, Instagram, direct email, etc.
Support is limited to 12 months from the date of purchase. Each user is entitled to a reasonable amount of support per product purchased, subject to a reasonable usage clause. The definition of reasonable use is determined by My Boutique Themes at our sole discretion. Customers found to be abusing our support services will be notified by My Boutique Themes and may be excluded from support services at our sole discretion.
Each theme is tested before being offered for sale, but hey, mistakes happen. We strive to resolve any bugs that are reported to us as soon as possible, and will include the appropriate fixed in the next theme update.
This support policy is subject to change without notice.
Due to the digital nature of our products (themes, templates and other materials) we sadly can’t issue refunds after the purchase is made. Please make sure you have carefully studied the theme features, requirements and theme demos and required programs for design templates and kits before purchasing.
If you have purchased our Installation Service, we offer a refund as long as the service has not been started by us. Please contact us immediately if you want to cancel your order. Once the service has been started and work has been done on your website by us, your right of refund ends. Please make sure you have read and understand the scope of our installation service before purchasing.
Unlimited Theme Bundle
By purchasing My Boutique Theme’s Unlimited Theme Bundle (also referred to as “Bundle”, “Theme Bundle” or other variations of the terms), you agree to the following terms as described below.
The Unlimited Theme Bundle is designed to give you access to our latest WordPress themes. With your initial purchase you get all themes offered at My Boutique Themes at the time of your purchase plus all themes that are released within 365 days after your purchase date.
We will send you an email one year after your initial purchase date, and you can choose to continue the bundle as a yearly subscription at a discounted price. The bundle subscription includes all themes released at My Boutique Themes in the respective year.
The subscription can be cancelled at any time, but please note that no refunds are given for an already started period. You can cancel your subscription by sending an email to email@example.com (please do so at least two weeks before renewal). The subscription will be then terminated by the next renewal date.
All themes included are released within the GNU GPL v2.0+ license. Additionally, our specific Unlimited Bundle License applies.
The Unlimited Bundle License includes:
- Lifetime theme updates for all themes included in your purchased bundle
- One year of access to support from date of purchase. Please note that special support policies for the use for client purposes apply.
- Installation of all included themes on unlimited sites, including your own and sites of your clients
- Permission to use themes included in your bundle to create websites or blogs for your clients.
With the purchase of the theme bundle you are allowed to use the themes for setup of unlimited client sites. Theme updates will be provided no matter on which site the themes have been installed. However, it is strictly prohibited to give away, sell, sublicense or otherwise distribute the themes on your own website or through any other ways.
My Boutique Themes remains the copyright owner of design, layout and theme-specific elements. You are not allowed to alter or remove the copyright notice in the theme footer after installing a theme on a client site or claim it as your own.
Support Policies for Client Sites
If not stated otherwise, the Theme Bundle and the included themes fall under our normal Support Policy. If you decide to use the themes to create a website or blog for your clients by installing one of the included themes on their sites, here are a few things to note regarding support:
- We do not offer theme support directly to your clients. You are fully responsible for providing any technical support to your clients after using and installing our themes on their sites.
- Support does not cover any questions regarding customizations or modifications of our themes on client sites.
- We can not offer support for theme questions after you have altered or in any means modified the theme’s code, styling, functionality or layout.
- Although we guarantee you an unlimited use of our themes for your own and client purposes, we reserve the right to restrict your access to support given, subject to a reasonable usage clause. The definition of reasonable use is determined by My Boutique Themes at our sole discretion.
- The initial purchase of the theme bundle includes one year of support from pruchase date. For an additional fee you are able to extend access to support for another year.
- These policies are subject to change without further notice.
§ 1 Validity, definitions of terms
(1) Speckmeier & Qarizada GbR, Fürstenrieder Straße 67, 80686 Munich, Germany (hereinafter referred to as “we” or “My Boutique Themes”) operates an online shop for digital goods and services on the website https://myboutiquethemes.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” shall mean a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online shop at https://myboutiquethemes.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop. The order takes place in the following steps:
- Selection of the digital goods, the selected service(s),
- Add the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Check the information in the cart,
- Access the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/checking of address and contact data, selection of payment method, confirmation of Terms and Conditions and revocation instructions,
- Complete the order by pressing the button “Continue to Payment”. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of the conclusion of a contract, the contract is concluded with Speckmeier & Qarizada GbR, Fürstenrieder Straße 67, 80686 Munich, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation instructions, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the contract text after contract conclusion.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back button” of the browser). They can also be corrected if you cancel the order process prematurely, close the browser window and repeat the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by spam filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop is subject of contract:
- The sale of digital goods, e.g. software or media downloads. You can find the concrete digital goods offered on our article pages.
- The provision of services. You can find the concrete services offered on our article pages.
(2) The essential characteristics of digital goods and services can be found in the article description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sub-license.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown to be free of shipping costs. The shipping costs will be clearly stated on the offers, in the shopping cart system and on the order overview.
(4) All offered products are ready for dispatch immediately (delivery time: immediately after receipt of payment), unless clearly stated otherwise in the product description.
(5) Delivery takes place worldwide.
§ 5 Right of Retention
(1) You can only use your right of retention if it concerns claims from the same agreement.
§ 6 Right of Revocation
As a consumer you have a right of revocation. This is based on our Revocation Instructions.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breach of contractual obligations and for unlawful acts shall be limited to intent or gross negligence.
(2) In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and whose observance you may regularly rely on. This includes in particular our obligation to take action and to perform the contractually owed service, which is described in § 3.
§ 8 Warranty/Customer Service
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for goods delivered to entrepreneurs is 12 months.
(3) As a consumer, you are requested to immediately check the items/the digital goods or the service provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
(4) Our customer service for questions, complaints and objections is available Monday to Friday, 10-18 CET, via email: firstname.lastname@example.org.
§ 9 Final Provisions
(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.