Terms and Conditions

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

Preamble

These General Terms and Conditions govern 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 Willhaben.

§1 Scope

These GTC apply to all business relationships between "GLOW UP STUDIO" and its customers in the version valid at the time of conclusion of the contract.

§2 Subject of the contract

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

§2a Distinction from original design and third-party intellectual property rights

The products offered by "GLOW UP STUDIO" are independent retro-style products and do not represent original designs, reproductions, or licensed products of specific designers, brands, or manufacturers.

Any reference to styles, eras, or known design features is solely for the purpose of describing the aesthetic character of the products. There is no economic, legal, or organizational connection to original designers, brand owners, or rights holders.

All mentioned third-party brand, product, or design designations remain the property of their respective rights holders.

§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 §1 KSchG (Consumer Protection Act), 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.

§6 Terms of payment

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

If the customer is in default of payment, 'GLOW UP STUDIO' reserves the right to charge default interest of 5% p.a. above the base interest rate (for consumers) or 9% p.a. above the base interest rate (for entrepreneurs). In addition, reminder fees of up to €15 per reminder may be charged.

§7 Delivery and shipping

Delivery is made by DPD or Österreichische Post within the EU. Self-collection is also possible.
The average delivery time to Austria and Germany is 3-5 working days, and 3-7 working days to Switzerland and 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 only passes to the consumer upon handover of the goods. For entrepreneurs, the risk already passes upon handover to the shipping company.

§8 Right of withdrawal

You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

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 withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than ten days from the day on which the returned goods are received by us. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.

There is no right of withdrawal for:

• Products that have been manufactured according to customer specifications or are clearly tailored to personal needs (e.g. customized lamps) and Artist Editions.
  
  

§9 Disclaimer of liability

(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 instructions, unauthorized modifications, and use in unsuitable environments.
(2) Liability for damages due to 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 obligated to use the products properly and to take all necessary safety precautions.
(5) "GLOW UP STUDIO" is not 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 listed in the description of each product. By purchasing, the customer confirms having read this and having taken all relevant safety precautions.

§10 Data protection provisions

(1) "GLOW UP STUDIO" undertakes to protect the privacy of its customers and to treat their personal data confidentially. Data protection practices are described in the privacy policy.

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

By agreeing to subscribe to our newsletter, the customer agrees to regularly receive information and offers by email. Consent can be revoked at any time via the unsubscribe link in the newsletter.

(3) Your information is used in several legally permissible ways, 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 revoked at any time, for example by signing up for our newsletter;
- To the extent necessary to comply with a court order or legal obligation, such as retaining information about your purchases when required by law;
- To the extent necessary for our own legitimate interests, provided these interests are not overridden by your rights or interests.

(4) "GLOW UP STUDIO" stores your personal information only as long as it is necessary to provide you with our services and as described in our privacy policy. However, we may be required to store this information to comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements. In general, we retain your data for the following period: five (5) years.

§11 Your rights

(1) If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. Your rights include:
- The right to 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 this 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 address these 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.