TERMS AND CONDITIONS

OVERVIEW

Welcome to AUSTRIA MARKET! The terms “we,” “us,” and “our” refer to AUSTRIA MARKET. AUSTRIA MARKET operates this online store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

AUSTRIA MARKET is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, these “Terms and Conditions” or “Terms”), describe your rights and obligations when using our Services.

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover matters such as warranties, liability limitations, and other important provisions.

By accessing, browsing, or using our Services, or otherwise interacting with our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in your country or region of residence and that you have given us your consent to allow any minor dependents under your responsibility to use the Services on devices that you own, purchase, or manage.

When using the Services, including accessing or browsing our online store or purchasing products and services from us, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete and that you have all necessary rights and authorization to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display and describe our products and services as accurately as possible in our online store. However, please note that the colors, appearance, or visual representation of products may differ from what is displayed on your screen depending on your device, screen settings, and configuration.

We do not guarantee that the appearance of a product will exactly match the images displayed on our website. However, nothing in these Terms limits your statutory consumer rights regarding defective, incorrect, or non-conforming products.

Product descriptions, specifications, prices, and availability may be changed at any time without prior notice. We reserve the right to discontinue products and to limit quantities offered to customers where legally permitted.

SECTION 3 – ORDERS

When you place an order through our online store, you are submitting an offer to purchase the selected products.

AUSTRIA MARKET reserves the right to accept or decline an order where legally permitted, including in cases where a product is unavailable, there is an obvious pricing or listing error, payment cannot be authorized, or fraudulent activity is suspected.

Your order is accepted once we send you an order confirmation. Payment must be successfully authorized and processed before your order can be fulfilled.

Please carefully review your order before submitting it. Cancellation requests may not be possible once an order has been processed or shipped.

If we are unable to accept, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, billing address, and/or telephone number provided with your order.

Returns, cancellations, refunds, and withdrawals are governed by our Return and Refund Policy [LINK].

You represent that purchases made through our store are intended for personal or household use and are not intended for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service will generally be the price displayed at the time the order is placed and will be shown in your order confirmation.

Unless otherwise stated, applicable taxes and shipping costs will be displayed during the checkout process where required by law.

Prices displayed in our online store may differ from prices offered by third-party websites, physical stores, or other sales channels.

From time to time, we may offer promotions relating to our Services. Such promotions may be subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the specific promotional terms will apply to the extent permitted by law.

You agree to provide accurate, current, and complete purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and payment information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that the payment information you provide is accurate, that you are authorized to use the selected payment method, and that all charges associated with your purchase are authorized by you.

SECTION 5 – SHIPPING AND DELIVERY

We aim to process and ship orders within the timeframes stated on our website. Delivery times are estimates and may vary depending on the destination, shipping provider, customs procedures, holidays, weather conditions, or other circumstances beyond our reasonable control.

We are not responsible for delays caused by shipping carriers, customs authorities, incorrect or incomplete delivery information provided by the customer, or other events outside our reasonable control.

Where applicable, responsibility for loss or damage during transportation will be determined in accordance with applicable consumer protection laws.

Nothing in these Terms limits your statutory rights regarding delivery, damaged goods, or non-delivery.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, logos, texts, advertisements, images, graphics, product reviews, videos, audio files, designs, selection, and arrangement, are owned by AUSTRIA MARKET, its affiliates, licensors, or other respective owners and are protected by applicable intellectual property laws.

These Terms permit you to use the Services solely for your personal and non-commercial purposes.

Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material available through our Services, except where permitted by applicable law.

Nothing in these Terms grants you a license or other right to use any intellectual property belonging to AUSTRIA MARKET, Shopify, or any third party unless expressly stated.

The names, logos, product names, service names, designs, and slogans of AUSTRIA MARKET may constitute trademarks of AUSTRIA MARKET or its licensors. You may not use such trademarks without prior written permission.

The Shopify name, logo, and related trademarks belong to Shopify. All other names, logos, product names, service names, designs, and slogans displayed on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools as part of our Services. We do not necessarily monitor or control these third-party tools.

You acknowledge that access to such tools may be provided on an “as is” and “as available” basis, without warranties or guarantees except where required by applicable law.

Your use of optional third-party tools is at your own discretion and may be subject to the terms and conditions of the respective third-party provider.

We may also introduce new features, services, tools, or resources in the future. Any such new features will also be considered part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for reviewing or evaluating the content, accuracy, security, or practices of third-party websites.

If you leave our website to access third-party websites, you do so at your own risk.

We are not responsible for any loss or damage arising from your access to or use of third-party websites, products, services, resources, or content.

Before completing a transaction with a third party, you should carefully review its policies and terms.

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

AUSTRIA MARKET is powered by Shopify, which enables us to provide the Services to you.

However, all purchases and sales made through our online store are transactions directly between you and AUSTRIA MARKET.

By using our Services, you acknowledge that Shopify is not responsible for the products sold by AUSTRIA MARKET or for any disputes arising directly from transactions between you and AUSTRIA MARKET.

Nothing in these Terms affects any rights or obligations you may have directly with Shopify under applicable law.

SECTION 10 – PRIVACY POLICY

All personal information collected through our Services is handled in accordance with our Privacy Policy [LINK].

Because our store is powered by Shopify, Shopify may process certain personal information relating to your access to and use of our Services in accordance with Shopify's own policies.

Information submitted through our Services may be processed by Shopify and other service providers where necessary to provide payment processing, order fulfillment, shipping, customer support, website functionality, analytics, and other services.

For more information about how we and our service providers process personal information, please review our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you submit, upload, publish, email, or otherwise provide us with ideas, suggestions, reviews, comments, feedback, plans, or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to operating, improving, promoting, and providing our Services, subject to applicable law.

You represent that you have the necessary rights to provide such Feedback and that your Feedback does not violate the rights of any third party.

We are not obligated to keep Feedback confidential, provide compensation for Feedback, or respond to Feedback.

We may remove or moderate Feedback that we reasonably believe to be unlawful, abusive, threatening, defamatory, obscene, misleading, infringing, or otherwise inappropriate.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other intellectual property rights.

You also agree not to submit unlawful, defamatory, abusive, obscene, fraudulent, or malicious content or any material containing viruses or other harmful code.

You must not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of your Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information at any time where legally permitted.

If an obvious error affects an order, including an incorrect price or product information, we may contact you and, where legally permitted, offer you the option to confirm the order at the correct information or cancel the affected order.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use or access our Services:

(a) for any unlawful or fraudulent purpose;

(b) to violate applicable laws, regulations, or ordinances;

(c) to infringe our intellectual property rights or the rights of third parties;

(d) to harass, abuse, threaten, defame, intimidate, or harm our employees, customers, or other persons;

(e) to submit false or misleading information;

(f) to distribute harmful, unlawful, or prohibited content;

(g) to send spam, phishing messages, chain letters, or other unsolicited communications;

(h) to impersonate another person or entity;

(i) to interfere with or restrict another person's use or enjoyment of the Services; or

(j) to engage in any activity that could damage AUSTRIA MARKET, Shopify, our customers, or our service providers.

You also agree not to:

(a) upload or transmit viruses, malware, or other harmful code;

(b) reproduce, copy, extract, sell, resell, or commercially exploit any portion of the Services without authorization;

(c) collect or track personal information belonging to others without lawful authorization;

(d) misuse the Services through spam, phishing, pharming, pretexting, or similar activities;

(e) use automated systems, bots, scraping tools, data extraction tools, or similar technologies to access or collect information from the Services where such use is prohibited; or

(f) interfere with or circumvent security or access-control measures used to protect the Services.

We reserve the right to suspend or terminate access to the Services where legally permitted if we reasonably believe that these Terms have been violated.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies where software or an automated service (“Agent”) is used, permitted, activated, or instructed to access, use, or interact with the Services on behalf of a person or organization.

14.2

Agents may not access, use, or interact with the Services in a manner that violates applicable laws, these Terms, or any technical access restrictions communicated by us.

14.3

We may use reasonable technical measures to restrict or regulate how automated agents access, use, or interact with our Services.

14.4

Where applicable and technically feasible, automated agents should:

(i) identify themselves as automated agents;

(ii) not conceal or misrepresent the automated nature of their activity;

(iii) comply with applicable technical access requirements;

(iv) respect security measures and access restrictions; and

(v) cease access where we have reasonably requested that such access stop.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services where permitted by applicable law if you materially breach these Terms or engage in unlawful or fraudulent activity.

You remain responsible for any amounts properly due before termination.

The provisions relating to intellectual property, privacy, liability, applicable law, dispute resolution, and any other provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16 – WARRANTIES AND CONSUMER RIGHTS

The information provided through the Services is intended for general informational purposes.

To the maximum extent permitted by applicable law, the Services may be provided on an “as is” and “as available” basis.

However, nothing in these Terms excludes or limits any mandatory statutory rights, warranties, guarantees, or consumer protections that cannot legally be excluded or limited.

In particular, nothing in these Terms affects your statutory rights relating to defective, damaged, incorrect, or non-conforming products.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, AUSTRIA MARKET, its affiliates, directors, officers, employees, representatives, contractors, service providers, licensors, and partners will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.

However, nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for intentional misconduct, gross negligence where applicable, personal injury, or mandatory consumer rights.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold AUSTRIA MARKET, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers harmless from third-party claims arising directly from your unlawful use of the Services or your material violation of these Terms.

This provision does not apply to the extent that the claim results from our own unlawful conduct, negligence, or breach of mandatory consumer rights.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and information published on our website, constitute the agreement governing your use of our Services.

They replace any prior agreements, communications, or proposals relating to the same subject matter, except where otherwise required by applicable law.

SECTION 21 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent where such consent is legally required.

We may assign or transfer our rights and obligations where permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws applicable in Austria, without prejudice to any mandatory consumer protection rights that apply in the country where you reside.

If you are a consumer residing in the European Union, you retain any mandatory rights and protections granted to you under applicable EU and national consumer protection laws.

SECTION 23 – HEADINGS

The headings used in these Terms are provided for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

The latest version of these Terms will always be available on this page.

We reserve the right to update, modify, or replace portions of these Terms by publishing an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes have been published constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at:

AUSTRIA MARKET

Email: support@austriamarket.org