Terms of service

GENERAL TERMS AND CONDITIONS

OVERVIEW

This website is operated by Nesthetics e.U. Throughout the website, the terms "we," "us," and "our" refer to Nesthetics e.U. Nesthetics e.U. offers this website, including all information, tools, and services available on this site, to you, the user, provided that you accept all the terms, conditions, policies, and notices stated here. The following terms and conditions apply to all contracts, deliveries, and services between Nesthetics e.U. (nesthetics-shop.com) and its customers.

By visiting our website and/or purchasing something from us, you are using our "Service" and agree to be bound by the following General Terms and Conditions ("Terms and Conditions," "Terms"), including any additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the website, especially users who are visitors, vendors, customers, merchants, and/or contributors of content. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools added to the current shop are also subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. By continuing to use or access the website after any changes are posted, you accept those changes. Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS FOR THE ONLINE SHOP

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your residence country or that you are the age of majority in your residence country and have given us your consent for your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You may not transmit any worms or viruses or any other code of a destructive nature.

A breach of or violation of any of these Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your information (except for credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contacts on the website through which the Service is provided without our express written permission.

The offers on the website nesthetics-shop.com constitute a non-binding invitation to order. A contract is only formed upon confirmation of the order by Nesthetics e.U.

The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.

The customer is obligated to provide accurate and complete information. Delivery of the products will occur (if specified) within the stated period to the delivery address provided by the customer. Delivery times are non-binding unless a binding delivery date has been explicitly agreed upon.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change the content on this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes on our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

The prices for our products may change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

Shopify is not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

The prices listed include statutory VAT as well as any applicable shipping costs.

Payment can be made via: American Express, Apple Pay, EPS, Google Pay, Klarna, Maestro, Mastercard, PayPal, Shop Pay, Union Pay, or Visa. We reserve the right to introduce new payment methods or change existing ones at any time.

Additionally, payment by prepayment (bank transfer) can be chosen. In this case, the customer has 7 days from the date of the order to transfer the invoice amount. After the 7 days, the order will be automatically canceled. Please note that the package will only be shipped once the payment has been received with this payment method.

Transfer details:

Recipient name: Nesthetics e.U.
IBAN: AT88 2011 1850 2880 7600
BIC: GIBAATWWXXX
Payment reference/usage purpose: Order number (You can find your order number under "My Orders" or in your order confirmation in your emails)

The delivered goods remain the property of Nesthetics e.U. until full payment has been received.

SECTION 5 - PRODUCTS OR SERVICES

Products or services may only be available online through the website. These products or services may be available only in limited quantities and are subject to return or exchange only in accordance with our return policy.

We have made efforts to display the colors and images of our products appearing in the shop as accurately as possible. We cannot guarantee that your computer screen will display every color accurately.
We reserve the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices may change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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 or the same credit card and/or orders that use the same billing and/or shipping address. If we cancel or modify an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please read our return policy.

SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control nor influence.

You agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from your use of additional third-party tools.

Any use of the additional tools offered through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third party/parties.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant and will not have any liability or responsibility for materials or websites or for any other materials, products, or services of third parties.

We are not liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions in connection with third-party websites. Please carefully review the policies and practices of the third party and ensure that you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments") online, by email, by postal mail, or otherwise, you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us at any time and without restriction. We are and will be under no obligation to (1) treat comments as confidential, (2) pay compensation for comments, or (3) respond to comments.
We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates the intellectual property of any party or these Terms and Conditions, but we have no obligation to do so.
You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory, libelous, or otherwise unlawful, abusive, or obscene material or any computer viruses or other malware that could in any way affect the operation of the services or any related website or application. You may not use a false email address, impersonate another person or entity, or mislead us or third parties regarding the origin of comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for comments posted by you or any third party.

SECTION 10 - PERSONAL DATA

The submission of personal data through the shop is governed by our Privacy Policy. Please read our  Privacy Policy for details.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our website or in our service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time and without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in relation to the service or on any related website, including, but not limited to, pricing information, except as required by law. The indicated update dates relating to the service or on any related website should not be taken to indicate that all information in relation to the service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following purposes: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of harmful code that may affect the functionality or operation of the service or any related website, other websites, or the Internet in any way; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website if you violate any of the prohibited uses.

SECTION 13 - LIMITATION OF LIABILITY

We make no guarantee, responsibility, or warranty that the use of our service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results obtained from using the service will be accurate or reliable.

You agree that we may, from time to time, remove the service indefinitely or discontinue it at any time without notice to you. You expressly agree that the use of the service or the inability to use the service is at your sole risk. The service and all products and services offered to you through the service are provided to you (unless expressly stated otherwise by us) on an "as is" and "as available" basis for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement of third-party rights.

Under no circumstances shall Nesthetics e.U., our directors, officers, employees, representatives, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, data loss, replacement costs, or similar damages, whether based on a contract, tort (including negligence), or strict liability or otherwise arising from the use of the service or products obtained through the service, or for any other claims related in any way to the use of the service or a product, including, but not limited to, any errors or omissions in content or any losses or damages of any kind arising from the use of the service or content (or products) published, transmitted, or otherwise made available through the service, even if advised of the possibility thereof. Since some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nesthetics e.U. and our affiliates, partners, directors, officers, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney's fees, made by third parties due to your violation of these Terms and Conditions or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms and Conditions are effective until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website. If, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions, or we suspect such failure, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this website or in connection with the service constitute the entire agreement and understanding between you and us regarding your use of the service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Mazellegasse 10, Vienna, 1110, Austria.

Austrian law shall apply, excluding the UN Sales Convention, unless mandatory national consumer protection rules provide otherwise.

SECTION 19 - RIGHT OF WITHDRAWAL AND RETURN

The statutory right of withdrawal applies. More detailed information can be found in the separate withdrawal notice.

The customer has the right to withdraw from the contract within 14 days of receiving the goods without giving any reason.

SECTION 20 - WARRANTY AND LIABILITY

The statutory warranty claims apply. The liability of Nesthetics e.U. for damages that do not arise to the delivered goods themselves is limited to intent and gross negligence.

SECTION 21 - CHANGES TO THE TERMS AND CONDITIONS

You can view the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions at our discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. By continuing to use or access our website or the service after any changes are posted, you accept those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at nesa@nesthetics-shop.com.

Impressum: https://nesthetics-shop.com/policies/legal-notice