Terms and Conditions

General Terms and Conditions (GTC) for "GLOW UP STUDIO" & "GLOWUPSTUDIOvienna"

preamble

These general terms and conditions regulate the contractual relationship between customers and "GLOW UP STUDIO", a brand of GLOW UP STUDIO OG, for the purchase and sale of all products via the online shop or online platforms such as Etsy and Willhaben.

§1 Scope

These General Terms and Conditions apply to all business relationships between "GLOW UP STUDIO" and its customers in the version valid at the time the contract is concluded.

§2 Subject matter of the contract

"GLOW UP STUDIO" offers table lamps, hanging lamps and floor lamps in retro style for sale. The products comply with the applicable safety standards and have a corresponding CE marking.

§3 Conclusion of contract

The purchase contract is concluded as soon as the customer places an order and this is confirmed by "GLOW UP STUDIO".

§4 Warranty

The statutory warranty rights apply. The warranty period for consumers is two years from delivery of the goods.
For entrepreneurs within the meaning of Section 1 of the Consumer Protection Act (KSchG), the warranty period is 12 months from receipt of the goods.

§5 Retention of title

The delivered goods remain the property of "GLOW UP STUDIO" until full payment has been made.

§6 Terms of Payment

Payment options include Shopify Payments, Etsy Payments, cash, SumUp or bank transfer. The respective payment options vary per platform.

If the customer defaults on payment, 'GLOW UP STUDIO' reserves the right to charge interest on arrears at a rate of 5% pa above the base interest rate (for consumers) or 9% pa above the base interest rate (for businesses). In addition, reminder fees of up to €15 per reminder may be charged.

§7 Delivery and Shipping

Delivery is carried out by GLS or the Austrian Post within the EU. Self-collection is also possible.
The average delivery time is 3-7 working days within the EU. In individual cases, delays may occur and vary depending on the country and possible public holidays or vacation days. For deliveries to consumers, the risk of loss or damage to the goods is only transferred to the consumer when the goods are handed over. For entrepreneurs, the transfer of risk occurs when the goods are handed over to the shipping company.

§8 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which the contract is concluded.

To exercise your right of withdrawal, you must inform us, GLOW UP STUDIO OG, Viktor Christ Gasse 10, 1050 Vienna, hello@glowupstudio.at, +43 665 65661172, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we receive the returned goods in their original condition. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

No right of withdrawal exists for:

Products that have been manufactured according to customer specifications or are clearly tailored to personal needs (e.g. customized lamps).
Used or damaged goods that are no longer in new condition.

§9 Disclaimer

(1) "GLOW UP STUDIO" is not liable for damages resulting from improper use of the products. This includes damages caused by using the lamps contrary to the instructions, unauthorized modifications and use in unsuitable environments.
(2) Liability for damage caused by cable fire, electrical defects or other product-related defects is excluded unless they are due to intent or gross negligence.
(3) "GLOW UP STUDIO" assumes no liability for indirect damages, consequential damages or lost profits.
(4) Customers are obliged to use the products properly and to take all necessary safety precautions.
(5) "GLOW UP STUDIO" shall not be liable for damages caused by force majeure.
(6) Our products comply with the new EU Product Safety Regulation (GPSR). We ensure that accurate safety information is included in the description of each product. By purchasing, the customer confirms that they have read this and taken all relevant safety precautions.

§10 Data Protection Regulations

(1) "GLOW UP STUDIO" is committed to protecting the privacy of its customers and to treating their personal data confidentially. The data protection practices are described in the privacy policy.

(2) To fulfill your order, it is necessary that you provide certain information, such as your name, email address, postal address, payment information and the details of the ordered product. This information is transmitted to "GLOW UP STUDIO" by Shopify.

By agreeing to register for our newsletter, the customer agrees to receive regular information and offers by email. Consent can be revoked at any time using the unsubscribe link in the newsletter.

(3) Your information will be used in a number of ways permitted by law, including:
- To provide our services, such as fulfilling your order, resolving disputes, or providing customer support;
- If you have given your explicit consent, which can be withdrawn at any time, for example by subscribing to our newsletter;
- As necessary to comply with a court order or legal obligation, such as retaining information about your purchases when required by law;
- Where necessary for our own legitimate interests, provided that those interests are not overridden by your rights or interests.

(4) Your personal information will only be shared for very limited reasons and under limited circumstances, such as to Etsy to provide our services and to fulfill our obligations under the Etsy Seller Policies and the Etsy Terms of Service.

(5) "GLOW UP STUDIO" will only retain your personal information for as long as necessary to provide you with our services and as described in our Privacy Policy. However, we may be required to retain this information to comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements. We will generally retain your information for the following period: five (5) years.

§11 Your Rights

(1) If you reside in certain areas, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights only apply in certain limited circumstances. Your rights include:
- The right of access. You have the right to access the personal information we hold about you by contacting us.
- The right to change, restrict or delete. You also have the right to change your personal information, restrict our use of that information, or delete your personal information.
- The right to object. You can object to the processing of some of your information based on our legitimate interests and opt out of receiving marketing messages from us.
- The right to complain. If you reside in the EU and have concerns about our use of your information, you have the right to raise these concerns with your local data protection authority.

§12 Contact information

For the purposes of EU data protection law, I, Sebastian Rinnhofer, am the controller of your personal information. If you have any questions or concerns, you can contact me at hello@glowupstudio.at.

The European Union has set up an online platform ("Online Dispute Resolution Platform") for out-of-court settlement of consumer disputes: https://ec.europa.eu/consumers/odr