Terms of service

Table of Contents

1. Scope of Application
2.Conclusion of Contract
3.Right of Withdrawal
4.Prices and Terms of Payment
5.Delivery and Shipping Terms
6.Granting of Usage Rights for Digital Content
7.Retention of Title
8.Liability for Defects (Warranty)
9.Redemption of Promotional Vouchers
10.Redemption of Gift Vouchers
11.Applicable Law
12.Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Agita Berga, trading as "United Queens" (hereinafter "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of goods with digital elements, unless otherwise stipulated. In this context, in addition to the delivery of the goods, the Seller is obliged to provide digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot perform their functions without them.

1.3 These GTC apply accordingly to contracts for the supply of tangible data carriers serving exclusively as carriers of digital content, unless otherwise stipulated. For the purposes of these GTC, digital content refers to data produced and supplied in digital form.

1.4 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. For the purposes of these GTC, digital content refers to data produced and supplied in digital form.

1.5 These GTC apply accordingly to contracts for the provision of vouchers, unless expressly stipulated otherwise.

1.6 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor to their independent professional activity. 1.7 For the purposes of these General Terms and Conditions, a "business" (or "entrepreneur") is a natural or legal person or a partnership with legal capacity that, upon concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller but serve to enable the customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods and/or services into the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller via e-mail, by post, or by telephone.

2.3 The seller may accept the customer’s offer within five days:

• by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, whereby the time of receipt of the order confirmation by the customer is decisive; or
• by delivering the ordered goods to the customer, whereby the time of receipt of the goods by the customer is decisive; or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the submission of the offer by the customer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e.g., e-mail, fax, or letter) along with these General Terms and Conditions after the order has been submitted. Additionally, the text of the contract is archived on the seller's website and can be retrieved by the customer free of charge via their password-protected customer account by entering the corresponding login details, provided the customer has created a customer account in the seller's online shop prior to submitting the order.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser's zoom function, which allows the on-screen display to be enlarged. During the electronic ordering process, the customer may correct their entries using standard keyboard and mouse functions until they click the button that finalizes the order.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing systems. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if spam filters are used, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to handle order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller's instruction on the right of withdrawal.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2 Various payment options are available to the customer and are indicated in the seller’s online shop at the beginning of the ordering process.

4.3 If payment in advance has been agreed upon, payment is due immediately upon conclusion of the contract.

4.4 If a payment method offered via the "Shopify Payments" service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Stripe may utilize other payment services; special payment terms may apply to these, and the customer will be informed of such terms separately where applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered via the "PayPal" service is selected, payment processing is handled by PayPal; PayPal may also utilize the services of third-party payment service providers for this purpose. If the seller offers payment methods via PayPal that involve the seller providing advance performance (e.g., purchase on account or payment by installments), the seller assigns the resulting payment claim to PayPal or to the specific payment service provider commissioned by PayPal and identified to the customer. Before accepting the seller's declaration of assignment, PayPal—or a payment service provider commissioned by PayPal—conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment may only be made to PayPal or the payment service provider commissioned by PayPal, with such payment having a debt-discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer inquiries—for example, regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal, or credit notes.

5) Delivery and Shipping Terms

5.1 Goods are delivered via the shipping route to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified during the seller's order processing is decisive for the transaction.

5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this does not apply regarding the costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set out in the seller's instructions on the right of withdrawal shall apply in the event of an effective exercise of the right of withdrawal by the customer.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

- via email

6) Granting of usage rights for digital content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer a non-exclusive right—unrestricted in terms of location and time—to use the provided content for both private and commercial purposes.

6.2 Passing the content on to third parties or creating copies for third parties outside the scope of these General Terms and Conditions is not permitted, unless the seller has consented to the transfer of the license in question to the third party.

6.3 Where the contract relates to the one-time provision of digital content, the grant of rights only becomes effective once the customer has paid the agreed remuneration in full. The seller may provisionally permit the use of the content in question prior to this point in time. Such provisional permission does not constitute a transfer of rights.

7) Retention of Title

If the seller performs in advance, the seller retains ownership of the delivered goods until full payment of the purchase price owed and all associated costs and expenses.

8) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the statutory provisions regarding liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

8.1 If the customer acts as an entrepreneur (business),

the seller has the choice of the primary remedy for defects;
the limitation period for claims based on defects is one year from the handover of the goods for new goods;
claims based on defects are excluded for used goods;
the limitation period does not restart if an exchange (replacement delivery) takes place within the scope of liability for defects.

8.2 The limitations of liability and reductions of time limits set out above do not apply

to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
to goods that have been used for a building structure in accordance with their customary use and have caused the defectiveness thereof,
to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the contract constitutes a business transaction for both parties within the meaning of Section 343 para. 2 AT-UGB (Austrian Commercial Code), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 AT-UGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved. 8.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and to notify the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual claims regarding defects.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") may only be redeemed in the seller's online shop and only within the specified promotional period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the terms of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Retroactive offsetting is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 If the promotional voucher applies to a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining credit balance.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for—in whole or in part—with the promotional voucher, in accordance with their statutory right of withdrawal. 9.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obliged, to verify the actual entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "Gift Vouchers") may only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and any remaining balances on Gift Vouchers may be redeemed until the end of the third year following the year of the voucher's purchase. Remaining balances are credited to the customer until the expiration date.

10.3 Gift Vouchers can only be redeemed prior to the completion of the order process. Retroactive offsetting is not possible.

10.4 Gift Vouchers may only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

10.5 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

10.6 The balance of a Gift Voucher is neither paid out in cash nor does it accrue interest.

10.7 The Gift Voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the Gift Voucher in the seller's online shop. This does not apply if the seller has knowledge, or is unaware due to gross negligence, of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

10.8 If the customer returns goods paid for—in whole or in part—with the Gift Voucher within the scope of their statutory right of withdrawal, the refunded amount will be issued in the form of a Gift Voucher. If a gift voucher purchased for value is returned—unused—in accordance with the statutory right of withdrawal, the customer will be refunded the purchase price of said gift voucher.

11) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding laws governing the international sale of goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.