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 terms and conditions apply to all business relationships between "GLOW UP STUDIO" and its customers in the version valid at the time of the 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 bear the corresponding CE marking.

§3 Conclusion of Contract

The purchase agreement is concluded as soon as the customer places an order and it 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 as defined in §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 has been received.

§6 Payment Terms

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

If the customer defaults on payment, 'GLOW UP STUDIO' reserves the right to charge default interest at a rate of 5% per annum above the base interest rate (for consumers) or 9% per annum 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 within the EU is handled by DPD or Austrian Post. Self-collection is also possible.
The average delivery time is after Delivery to Austria and Germany takes 3-5 business days, and to Switzerland and within the EU 3-7 business days. Delays may occur in individual cases and vary depending on the country and any public holidays or vacation periods. For deliveries to consumers, the risk of loss or damage to the goods passes to the consumer only upon delivery. For businesses, the risk passes to the consumer upon handover to the shipping company.

§8 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical 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 email) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of the revocation

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we receive the returned goods. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this 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).

§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 such damage is due to intent or gross negligence.
(3) "GLOW UP STUDIO" accepts 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 information and taken all relevant safety precautions.

§10 Data Protection Regulations

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

(2) To fulfill your order, you will need to provide certain information, such as your name, email address, postal address, payment information, and details of the product ordered. This information will be transferred from Shopify to "GLOW UP STUDIO".

By subscribing to our newsletter, the customer agrees to receive regular information and offers via email. This consent can be revoked at any time via the unsubscribe link in the newsletter.

(3) Your information will be 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 subscribing to our newsletter;
- Where 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 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 typically retain your data for the following period: five (5) years.

§11 Your rights

(1) If you live in certain territories, including the EU, you have a number of rights regarding your personal information. While some of these rights apply generally, certain rights apply only in specific 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 modify, restrict, or delete. You also have the right to modify 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 lodge a complaint. If you live 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.