LEGAL NOTICES


Terms & Conditions & Privacy Statement



TERMS & CONDITIONS

§ 1 VALIDITY
For any business relationship between uppers & downers and the customer starting from 01.01.2015 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.  The customer recognizes the exclusive validity of uppers & downers General Terms and Conditions for the entire business relationship. uppers & downers will not recognize any different conditions of the customer unless the management of uppers & downers has expressly agreed in writing to their validity. If the customer enters into a business relationship with uppers & downers by using this website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and uppers & downers.

§ 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within four days. If we cannot accept the offer or should certain products in an order not be available, then you will be informed by us. uppers & downers reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes or availability mistakes on the website. All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed that the ordered product cannot be delivered. The already paid purchase price will be returned within 15 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again. Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.

CANCELLATION POLICY & RIGHTS
You have the right to cancel this contract within 15 days without stating any reason. The statutory cancellation period is 15 days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item. Beyond the statutory cancellation period we voluntarily grant you an extended cancellation period amounting in total to 21 days for the articles which are also subject to the statutory cancellation right. This cancellation rights must be exercised by informing us, uppers & downers, Burggasse 46, 1070 Vienna, Austria, hello@uppersanddowners.com, by means of an unequivocal declaration (e.g. by a letter sent by post or e-mail) of your decision to cancel this contract. To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period. 

If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment. We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier. You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you unformed us of the cancellation of this contract, to: uppers & downers, Burggasse 46, 1070 Vienna, Austria. The time limit is observed if you dispatch the goods before the end of the fourteen day period. If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provided appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.
 The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:
Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer. Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery. Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery. Contracts for the delivery of audio or video recordings or computer software in sealed packaging if the sealing has been removed since delivery.  Contracts for the delivery of newspapers, periodicals or illustrated magazines with the exception of subscription contracts. Items that can be sent by parcel are to be sent back at the customers risk. The customer also bears the direct costs of the return of goods. The place of delivery for company business is our company location.


§ 3 DELIVERY
Should nothing different be requested by the customer then the delivery address entered by the customer will be used. Delivery is assigned to different delivery service providors depending on the country. The relevant individual delivery costs can be found in the detailed information on the check-out internet page. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery. The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item. Delivery and service delays due to acts of God are not the responsibility of uppers & downers. Such events give uppers & downers the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at due to uppers & downers or distributors of uppers & downers. In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.

§ 4 PAYMENT AND LATE PAYMENTS
All product prices at uppers & downers are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Any customs duties that may arise have to be paid by the customer. The retail price is payable upon placement of an order. The customer can pay the purchase price by credit card and Pay Pal. In the case of payment by Pay Pal Express, uppers & downers will store the e-mail address and delivery address supplied to Pay Pal in order to process the order. Should the customer delay in paying, uppers & downers has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Austrian National Bank. If uppers & downers incurs a higher rate of interest for delay, uppers & downers has the right to pass this on. 

§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by uppers & downers. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship. 

§ 6 PROPRIETARY RIGHTS 
All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of uppers & downers. 

§ 7 GUARANTEE
The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product. Claims against uppers & downers which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee. The guarantee period valid for items listed as “Second Hand” or “Vintage” products is one year and begins at the time the customer receives the product. It is accepted that garments offered as “Second Hand” or “Vintage” are used items and as such have been worn, may have damages and are not in a condition of a new garment unless stated. The guarantee is also not valid against normal wear and tear caused by use of a product. Should a defect in a purchased item be the responsibility of uppers & downers, then uppers & downers is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If uppers & downers is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of uppers & downers or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price. 

If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then uppers & downers will bill the customer for any expenses incurred. Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
 


§ 8 DISCLAIMER
Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus uppers & downers accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of uppers & downers is excluded or limited, this also applies for the personal liability of employees, representatives or agents.

The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred. uppers & downers accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
 

§ 9 LINKS AND REFERENCES 
The links to outside pages made by uppers & downers are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. uppers & downers does not identify with the content of these pages to which reference is made and accepts no responsibility for them.   

§ 10 INFORMATION OBLIGATIONS
On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform uppers & downers of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then uppers & downers may withdraw from the contract, in as far as such a contract has been made. 

§ 11 APPLICABLE LAW AND JURISDICTION
Austrian law applies. In all legal matters Austrian law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between uppers & downers and the customer applies, in as far as this is legally permissible. For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable Austrian provisions are more favourable. If the customer is not subject to general legal jurisdiction in Austria, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then Vienna will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract. If the customer has his place of residence or is normally present or is employed in Austria, then for an action against him/her in accordance with §§88, 89, 93 Sect. 2 and 104 Para. 1 amended, any question relating to the competence of a particular court can only be determined by place of residence, normal place of presence or employment location. This is not the case with pre-existing disputes. For any legal disputes arising from the contract, the mandatory computer protection law provisions at the consumer’s place of residence are also applicable to the contractual relationship. 

§ 12 DATA PROTECTION
All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance wit. All personal data will only be used in accordance with the purposes for which it was collected.

§ 13 SEVERABILITY CLAUSE
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
Latest update: 01.01.2015

Do you still have questions? Then contact our customer service: hello@uppersanddowners.com

 

PRIVACY STATEMENT

First, it's important for you to understand what personal data is in terms of European regulations (GDPR). It is any data from which a person can be identified, including your email address, a cookie (read more about them below), your location data, or anything associated with you, for example, anything you looked at online, or anything you bought. 

This is a much wider definition of personal data than in US law which is limited to your name, age and financial information.

Acquisition, processing and utilization of personal data: You can visit our website without submitting any information about yourself. We simply save access data to analyze and improve our offers and do not permit any connection to your person. Personal data is only collected if you voluntarily provide us with it, while opening a customer account or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking “unsubscribe” at the end of any newsletter. 

Sensitive personal data: In terms of European regulations, there’s a special class of personal data, referred to as sensitive personal data. That’s data concerning someone’s race, ethnic origin, political views, religious or philosophical believes; trade-union membership, health, or sex life.

uppers & downers does not collect or hold or - importantly - try and infer any such data. It also does not work with data processors (see below) who do. 

Data collector: In terms of GDPR uppers & downers - in most cases - act as what is called a data collector. A data collector is an entity which the data subject (you) is transacting with and therefore trusting their personal data to. As a merchant, uppers & downers is considered a data collector.

Data processors: You also need to know what a data processor is. It is any company that is storing and/or processing the data on behalf of a data collector. Our eCommerce platform, Shopify, is a data processor.

It is our responsibility as a data collector to ensure that any company that is processing the data of our EU customers (and in our case everybody) is compliant with GDPR. There are many things that a data processor needs to comply with, like only processing data to the extent entrusted to them by uppers & downers.

In other words, a data processor can’t take the data Miista is sharing and opportunistically do something with it. If we share cookie data (see below) with Facebook to show a piece of clothing, they can not use it for another purpose.

They must erase or return data back to us on request at the end of a service contract. And any processor is responsible for ensuring that they are employing “appropriate technical and organisational measures” to secure personal information in their possession.

Here is a list of the data processors we use:

– Shopify (the cloud-based software that powers our online shops);
– Mailchimp (for our email lists);
– Google Analytics for (for analytics);
– ​
Facebook and Instagram (for advertising);

We checked. All of these claim to be GDPR complaint. All of these may take data outside of the European Economic Area for processing. To be able to do this they need to have Privacy Shield Verification. Again we checked. All of them have it. 

Distribution of personal information: Your personal data will be transferred to the relevant delivery organization, as far as this is necessary for the delivery process. In order to complete payments, we pass on your payment details to the relevant banking institution.

Right to information: You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions. Please contact: uppers & downers, Burggasse 46, 1070 Vienna, Austria. hello@uppersanddowners.com

Data Protection: Credit card details are not saved, but directly received and securely processed by our payment provider “Stripe LTD, 3180 18th Street, Suite 100, San Francisco, CA 94110”. They use both technical and organizational measures to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons. Stripe will only process card transactions that have been authorized by the applicable Card Network or card issuer.

Notice about E-mail advertisements: By separate registration for our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time by clicking on the “Unsubscribe” link at the end of a newsletter, with no additional charge to the base tariffs of your Internet provider. As a newsletter subscriber, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations. You can object to the use of your e-mail address for advertising purposes at any time by a simple unformatted e-mail, without incurring any additional costs to those of your Internet service provider.

The use of cookies: We use cookies on different sites in order to enhance the attractiveness of our website and enable the use of specific functions. These cookies are simple text files saved to your computer. They help to identify a user’s surf-behavior and thereby allow parts of the website to tailor specific information to the interests of the user. Most of the cookies we use will be deleted from your harddrive after you have ended your browser session (i.e. session cookies). Other cookies remain on your computer and allow us to recognize your computer when you next visit (i.e. permanent cookies). These cookies remember information so you do not need to re-enter information in forms. Our partner organizations are not authorized to gain, edit or use personal data through the use of cookies on our website.

Use of Facebook Social Plugins: This website uses so-called Social Plugins (“Plugins”) by the social network Facebook, which is run by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The Plugins are identifiable by a Facebook logo or the additional phrase “Social Plugin by Facebook” or “Facebook Social Plugin”. An overview of the Facebook Plugins and how to recognize them is available here: http://developers.facebook.com/docs/plugins/

When you open up a page on our website that contains such a plugin, your browser will create a direct connection with the Facebook servers. The contents of the plugin will be transferred directly to your browser and incorporated into the website you are viewing. By using these plugins, Facebook receives notice that your browser has initiated the relevant page on our website, even if you do not own a Facebook account or are not currently logged in to your Facebook account. This information (including your IP address) is transferred straight from your browser to a Facebook server in the USA and saved there. When you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook account. When you interact with these plugins, for example by clicking on a “like” button or by submitting a comment, this information is also directly transferred to a Facebook server and saved there. This information is then also automatically published on Facebook and displayed to your Facebook friends. 

Facebook can use this information for advertising purposes, market research and to tailor the appearance of Facebook pages to a specific user. To do this, Facebook creates profiles for usage, interests and connections. For example, this could be used to rate the usage of our website on account of Facebook adverts, to notify other Facebook users of your actions on our website and for other services that are associated with the use of Facebook.

If you would not like Facebook to associate the data collected from your visit to our website with your Facebook account, you need to log out of Facebook before visiting our website. For the purpose and scope of data usage and further processing and use of information by Facebook, as well as your relevant rights and privacy & security options, please refer to Facebook’s privacy policy: http://www.facebook.com/policy.php

Use of Google Analytics: This website uses Google Analytics, a website analysis service provided by Google Inc. (“Google”). Google analytics uses so-called “cookies”, in the form of text files saved to your computer in order to enable an analysis of your use of the website. The information generated by the cookie about your use of this website is normally transmitted to a Google server in the USA and stored there. In the case of the IP-anonymization on this website being activated, your IP address will however be shortened by Google beforehand within the member states of the European Union or in other signatory states to the European Economic Area Treaty. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and shortened there. Acting under the authority of this website operator, Google will use this information to evaluate your use of the website, to compile reports about the website activities and to provide further services for the website operator linked to the use of the website and the internet. The IP address transmitted from your browser within the parameters of Google Analytics will not be merged with other Google data. You are able to prevent the storage of the cookies by appropriate adjustment of your browser software. However, we should point out to you that in this case you may be unable to use the full range of functions of this website.

Furthermore you can prevent the collection by Google of the data (including your IP address) created by the cookie and relating to your use of the website, as well as the processing of these data by Google by downloading and installing the browser plug-in which is available through the following link: http://tools.google.com/dlpage/gaoptout?hl=en

Links to other websites: On our website, you will also find links to other websites. We specifically do not hold any kind of liability for the accuracy, completeness, legality, objectivity and timeliness of the contents of these websites.

Do you still have questions? Then contact our customer service: hello@uppersanddowners.com