General Terms and Conditions

Stylinyou e.U.
Am Ölberg 161/1
3400 Klosterneuburg

Phone +43 664 250 9229 / Email: info@stylinyou.com
UID: ATU 69898827 Owner: Karen Reichardt
Register: FN: 439500z
Trade authority: BH/Wiener Umland (Klosterneuburg)

(hereinafter referred to as "Seller" for short).

1 Scope of application

1.1 Unless expressly agreed otherwise, these General Terms and Conditions ("GTC") and the rights of withdrawal and consequences of withdrawal for consumers set out in Section 8 apply to the conclusion of contracts between the seller and the customer. This applies regardless of whether such a contract is concluded online via our website www.stylinyou.com or is concluded offline. For legal transactions with entrepreneurs, the provisions in Section II.

1.2 By submitting his contractual declaration (see point 1.4), the customer accepts these GTC. Contracts may only be concluded subject to these terms and conditions. We must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer in order for these to become part of the contract in individual cases. In particular, acts of contract fulfillment on our part shall not be deemed as consent to any terms and conditions deviating from our GTC.

1.3 In the event of several contracts being concluded at different times, the version of the GTC valid at the time of the customer's contractual declaration (see Section 1.4) and published or posted by us shall form part of the contract. Several contracts concluded with a specific customer shall not constitute a continuing obligation or any other claim to the conclusion of a new purchase contract without the express written agreement of a framework contract.

1.4 Conclusion of contract

1.4.1 The presentation of our products on our website or by representatives of the seller does not constitute an offer in the legal sense. The offer is made exclusively by the customer as described in point 1.4.3.

1.4.2 The offer of the customer by representatives of the seller is made by handing over the goods to the customer and his payment of the goods. We accept such an offer by accepting the purchase price and handing over the goods.

1.4.3 The customer's offer is made on our website by ordering the item. The customer's offer becomes binding for him by clicking on the button "order with obligation to pay". Please note that the customer will be sent a separate confirmation of receipt of their order after we have received their order. Such confirmation does not constitute acceptance of the offer. Our acceptance is only effected by a separate written order confirmation sent within a reasonable period of time or by actual delivery of the ordered goods. A reasonable period shall be understood to mean a period of no more than 5 working days. We are entitled to accept orders only in part or to reject them without giving reasons. If you do not receive a message despite entering a valid e-mail address, please contact us at info@stylinyou.com.

2 Registration on the website, website access

2.1 Before placing the first order, the customer must register on the website.

2.2 The customer must be at least 18 years of age and have full legal capacity. By submitting the registration form, the customer confirms the accuracy of their details, in particular their name, age, legal capacity and address.

2.3 As a new user, you can log in by entering a user name, which does not have to be the same as your name, and assigning a password. Now click on . Then enter your name, optionally a nickname, your e-mail address (for order confirmations) and a password. You will then be taken to your account. Here you can add all data, such as the billing address or a different delivery address.

2.4 The customer is responsible for maintaining the confidentiality of the access code. We can only check whether an access code matches a properly activated customer authorization. We have no further obligation to check. Any person who logs in with a customer authorization released on the website and the corresponding access code is deemed to be authorized to place orders with legal effect for the registered customer. We recommend changing the password regularly.

2.5 We are not liable for the uninterrupted functioning of the Website. We are entitled to carry out work on the website at any time, even without prior notice, which may result in a shutdown/interruption. We are also not obliged to provide a certain server capacity, so that overloads and longer response times must be expected.

3 Prices, delivery and shipping costs

3.1 The prices listed on the website are retail prices including VAT. All additional freight, delivery, shipping or other costs will be indicated to the consumer prior to the submission of his offer, insofar as these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we will indicate in advance the possible incurrence of such additional costs before the customer submits the offer.

3.2 The provisions of the Federal Act on Fixed Prices for Books apply to book consignments.

4. terms of payment

4.1 Unless otherwise agreed in writing, our claims must be paid in full and without deduction prior to delivery of the ordered products. Payment of the purchase price for purchases via our website is possible using the following payment methods: credit card, Paypal. When purchasing from a representative, the following payment methods are available: Cash or ATM, credit card, Paypal. The purchase price is due immediately upon acceptance of the offer. If payment by credit card is chosen, the amount of the purchase price will therefore be debited from the credit card specified by the customer upon acceptance of the offer by us.

5 Delivery / granting of rights of use for e-books

5.1 Delivery (posting by us) in the case of an online purchase shall take place - provided the goods are in stock and nothing to the contrary is noted on the website - within 4-5 working days after acceptance of the order by e-mail or receipt of the order in the case of acceptance by actual delivery (point 1.4.3). The choice of carrier is made by us at our best discretion, but without guarantee for the choice of the fastest and cheapest shipment.

5.2 Digital content not stored on a physical data carrier, such as e-books, shall be made available to the customer for download after 10 days, unless the customer expressly agrees that the retrieval should take place earlier and acknowledges that this may result in the customer's right of revocation and withdrawal ceasing to apply in accordance with the provisions of Section 6 8. of these GTC.

5.3 The delivery period shall be extended by the duration of the hindrance due to all circumstances beyond the control of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs delays, transport damage, rejects of important production parts and labor disputes.

5.4 Delivery shall be made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address shall be borne by the customer.

5.5 E-books are generally protected by copyright. If you purchase e-books, we do not transfer ownership to you, but a non-exclusive and non-transferable right of use ("license to use"). This license to use the work only entitles you as a customer to download the e-book and to save and use it on a device for your own private use within Austria.

Observe the provisions in section 6.4.

5.6 Any use of digital e-books beyond the intended use in accordance with clause 5.5 is prohibited. In particular, such digital goods may not be reproduced, distributed, sent wirelessly or by wire, made available to third parties against payment or translated, edited or processed and placed on the market.

6 Cancellation and withdrawal rights and consequences for consumers in accordance with FAGG (6.1 to 6.8) and KSchG (6.9)

6.1 If the customer is a consumer within the meaning of the KSchG and has concluded the contract based on these GTC either as a distance contract or outside our business premises (and if the fee to be paid in the latter case is more than EUR 50), the customer may withdraw from the contract up to the expiry of the period specified in clause 6.2 without giving reasons. This does not apply in the exceptional cases regulated in Clause 6.8, in particular in the case of the purchase of e-books or POD Print On Demand products under the conditions set out in Clause 6.8.11. In order to withdraw from the contract, the customer must inform us of their decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email - see Section 1). However, the withdrawal is not bound to any particular form. Please note, however, that the withdrawal must be received by us in order to be effective. The customer can use the sample withdrawal form attached here.

Declaration of withdrawal / revocation

To Stylinyou e.U., Email: info@stylinyou.com

I/We hereby give notice that I/We withdraw from my/our contract concerning the product ............... which I/we ordered on ........ / received on .........

Repayment to account IBAN ......................................... BIC ........................

Name(s) of the consumer(s) .........................................

Address .........................................................................................

.............. .....................................

Date Signature

6.2 The withdrawal period is as follows:

6.2.1 In the case of sales contracts and other contracts for the purchase of goods against payment, they may take possession of the goods or the last partial shipment or the last delivered goods within 14 days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the goods (§ 11 para. 2 no. 2 lit a) to c) FAGG).

6.2.2 In the case of contracts for the regular delivery of goods over a fixed period, the period is 14 days from the day on which the consumer or a third party designated by the consumer, who is not the carrier, acquires possession of the goods first delivered;

6.2.3 In the case of contracts for the delivery of digital content not stored on a physical data carrier (such as e-books) - unless the exception to the right of withdrawal under clause 6.8.11 applies - the period is 14 days from the date of conclusion of the contract.

6.2.4 The withdrawal period according to clauses 6.2.1 to 6.2.4 shall be deemed to have been observed if the declaration of withdrawal is sent within the period. Please note, however, that the withdrawal must be received by us in order to be effective (the risk in the case of postal or electronic transmission (fax, email) lies with you).

6.3 If we have not complied with our obligation to provide information in accordance with Section 4 (1) (8) FAGG, the withdrawal period under point 8.2 shall be extended by twelve months. If we comply with our duty to inform within this period, the withdrawal period shall end 14 days after the date on which the consumer receives this information.

6.4 If the consumer withdraws from the contract, we shall reimburse all payments we have received from him, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of his withdrawal from this contract. For this repayment, we will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer. Under no circumstances will the consumer be charged any fees for this repayment. In the case of sales contracts or other contracts for the purchase of goods against payment, we may refuse to make a refund until we have either received the goods back or the consumer has provided proof that the goods have been returned, unless we have offered to collect the goods ourselves.

6.5 The consumer must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which he informs us of the revocation of this contract. The deadline is met if the consumer sends the goods before the 14-day period has expired. The consumer shall bear the direct costs of the return shipment, provided that we have informed him in advance of the obligation to bear the costs of the return shipment. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. However, the consumer is in no case liable for the loss in value of the goods if he has not been informed by us of his right of withdrawal.

6.6 If the consumer withdraws from a contract for the delivery of digital content not stored on a physical data carrier (e.g. e-books) - unless the exception to the right of withdrawal under point 6.8.11 applies - the consumer is not obliged to pay for services already provided by the trader.

6.7 If, in the case of a contract for services, the consumer has requested that these should commence during the withdrawal period, he shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which the consumer informs us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

6.8 Pursuant to Section 18 (1) FAGG, the consumer has no right of withdrawal when concluding contracts for:

6.8.1 Services if we - on the basis of an express request by the consumer in accordance with § 10 FAGG and a confirmation by the consumer of his knowledge of the loss of the right to withdraw from the contract in the event of complete fulfillment of the contract - have begun to perform the service before the expiry of the withdrawal period in accordance with § 11 FAGG and the service has then been fully provided,

6.8.2 Goods or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period,

6.8.3 Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,

6.8.4 Goods that can spoil quickly or whose expiration date would be quickly exceeded,

6.8.5 Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,

6.8.6 Goods which, due to their nature, were inseparably mixed with other goods after delivery,

6.8.7 alcoholic beverages whose price was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,

6.8.8 Sound or video recordings or computer software delivered in a sealed package if the seal has been removed after delivery,

6.8.9 Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,

6.8.10 Services in the areas of transportation of goods, delivery of food and beverages and services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the performance of the contract by the entrepreneur,

6.8.11 the delivery of digital content not stored on a physical data carrier, such as e-books, if the trader - with the express consent of the consumer, in conjunction with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement of contract fulfillment, and after providing a copy or confirmation in accordance with Section 5 (2) FAGG or Section 7 (3) FAGG - has begun delivery before the expiry of the withdrawal period in accordance with Section 11 FAGG.

6.9.1 If the agreed fee is less than EUR 50, the customer has the right to withdraw from the contract in accordance with § 3 KSchG as follows: If the consumer has not made his contractual declaration either on the premises permanently used by the trader for his business purposes or at a stand used by the trader for this purpose at a trade fair or market, he may withdraw from his contract application or from the contract. This withdrawal may be declared until the contract is concluded or within 14 days thereafter. This period begins with the delivery to the consumer of a document containing at least the name and address of the trader, the information necessary to identify the contract and instructions on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, but at the earliest with the conclusion of the contract, in the case of sales contracts for goods with the day on which the consumer acquires possession of the goods. If such a document has not been delivered, the consumer has the right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract or delivery of the goods; if the trader subsequently delivers the document within twelve months from the start of the period, the extended withdrawal period ends 14 days after the date on which the consumer receives the document.

6.9.2 In this case, the provisions of points 6.4 and 6.5 above shall apply to the exercise of the right of withdrawal. The model declaration of withdrawal in point 6.1 may be used.

6.9.3 The consumer is not entitled to the right of withdrawal if he himself has initiated the business relationship with the trader or his agent for the purpose of concluding this contract, if the conclusion of the contract was not preceded by discussions between the parties or their agents or in the case of contracts where the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed remuneration is EUR 25, or if the nature of the business is such that it is not operated in permanent business premises and the remuneration does not exceed EUR 50, in the case of contracts that are subject to the Distance and Off-Premises Transactions Act (in this case, the right of withdrawal pursuant to Section 6.1 to 6.2 above applies). 6.1 to 6.8 above) or in the case of contractual declarations made by the consumer in the physical absence of the trader, unless the consumer has been urged to do so by the trader.

7 Retention of title

7.1 The goods delivered by us shall remain our property until all our claims arising from the respective delivery have been paid in full.

7.2 The customer is obliged to treat the goods with care for the duration of the retention of title. He must inform us immediately of all access to the goods by third parties, in particular of enforcement measures, as well as of damage to or destruction of the goods. In the event of culpability, the customer shall compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.

8 Warranty

8.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. Damage caused by improper use or handling of the product is not covered by the warranty. The same applies to normal wear and tear.

8.2 The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods shall be deemed to comply with the contract if the delivered items correspond to the other product specifications.

8.3 If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), he must check the delivered goods upon receipt for completeness, correctness and other defects, in particular the integrity of the packaging, and notify us of any defects by e-mail to info@stylinyou.com and briefly describe them. This merely serves the purpose of faster and more effective processing of any complaints. A breach of this obligation does not lead to any restriction of the consumer's statutory warranty rights.

8.4 If the customer requests that the goods be returned to us and if the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the consumer. Defective goods may therefore only be returned at our express request.

9 Liability

9.1 We shall be liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, limb or health of people and for claims under the Product Liability Act.

10 Data protection, change of address

10.1 The personal data provided to us by the customer in the course of the business relationship, such as name, address, e-mail, telephone number and delivery address, are stored and processed by us. We use the data within the scope of the legal authorization to execute the order. By checking the box for consent under data protection law, the customer expressly agrees that the personal data provided by him/her in the course of concluding the contract (such as name, address, e-mail, telephone number and delivery address) may also be stored and processed for our own marketing purposes and thus in particular for promotional mailings by SMS and e-mail in accordance with § 107 TKG. Personal data will not be passed on to third parties beyond this. Both consents can be revoked - also separately from each other - at any time (e.g. by e-mail to info@stylinyou.com) can be revoked. Within the framework of the legal provisions of §10 DSG 2000, our company makes use of the option of a service provider who has undertaken to comply with its obligations in accordance with §11 DSG. Neither our company nor our partners (service providers) transmit or transfer data to recipients based outside the European Economic Area. We are obliged to comply with the data security measures (§14 DSG) and data secrecy (§15 DSG).

10.2 The customer is obliged to notify us immediately of any changes to his residential or business address and contact details during the ongoing business relationship. If he fails to do so, declarations shall be deemed to have been received even if they are sent to the address last notified by him.

11 Place of jurisdiction, choice of law, miscellaneous

11.1 The place of jurisdiction for all disputes arising from this contract shall be the court with local and subject-matter jurisdiction for 3400 Klosterneuburg, except in cases pursuant to 11.2. Our right to appeal to another court with jurisdiction for the customer in this case shall remain unaffected by this.

11.2 If our customer is a consumer and has his domicile or habitual residence in Austria at the time of conclusion of the contract or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction to hear an action against him.

If the customer is a consumer and at the time of the conclusion of the contract resides or habitually resides in another EU Member State and if we carry out a professional or commercial activity in the EU Member State in whose territory the consumer is domiciled or direct such activity by any means to that Member State or to several States, including that Member State, and if the contract falls within the scope of that activity, the consumer's action may also be brought before the courts of the place where the consumer is domiciled; the action against the consumer may be brought only in the courts of the Member State in which the consumer is domiciled.

11.3 The substantive law of the Republic of Austria shall apply exclusively, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as mandatory provisions of the law of the country in which the consumer has his habitual residence are not superseded.

11.4 Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall be replaced exclusively in contracts with entrepreneurs by a provision that comes closest to the meaning and purpose of the invalid provision.

SECTION II. - Entrepreneurial business

If a contract pursuant to 1.1 is concluded with an entrepreneur, the following deviating provisions shall also apply

II/1 Warranty:

If the customer is an entrepreneur, he must check the delivered goods upon receipt for completeness, correctness and other defects, in particular the integrity of the packaging. In the event of defects, the customer must report these within a reasonable period of time, but no later than four working days after receipt of the goods, by e-mail to info@stylinyou.com to give notice of defects. Defects that become apparent later must also be reported immediately, at the latest within four working days of becoming apparent. If the entrepreneur has not detected and reported any defects within the complaint period, the delivery shall be deemed approved and all claims such as warranty, avoidance on account of mistake or compensation for damages due to a later alleged deviation or defect (§ 377 UGB) shall lapse. This also applies to any incorrect deliveries or deviations in the delivery quantity.

If the customer is an entrepreneur, we shall have the exclusive choice of legal remedy to rectify a defect notified in good time. We shall also be free to amend the agreement immediately.

If the customer is an entrepreneur, he must bear the costs of returning the goods for repair or replacement.

II/2 Liability

9.2 Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year of the transfer of risk. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

9.3 If the customer is an entrepreneur, any recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

II/3 Prohibition of retention and offsetting

10.1 Justified complaints do not entitle customers who are entrepreneurs to withhold the invoice amount. The offsetting of alleged counterclaims against the claim for payment is not permitted unless we expressly agree to this.

II/4 Choice of law; place of performance and jurisdiction

Austrian law shall apply to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Place of performance is PLZ/ORT. The exclusive jurisdiction of the District Court for Commercial Matters or the Commercial Court in Stadt is agreed for disputes arising from or concerning legal transactions subject to these GTC. This corresponds to the amount in dispute.