Terms of service

General terms and conditions for consumers (as of March 2024)

1. Scope

These General Terms and Conditions (GTC) apply to all deliveries from WESTHYPE® (registered trademark of Invesita e.U.) to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity .

 

2. Contractual partner
The purchase contract is concluded with Invesita e.U., Mariahilfer Straße 1, 8020 Graz, Austria

 

2.1 Contract language

The contract language is German and English.

2.2 Conclusion of contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather only an invitation to the customer to make an offer. The customer's order represents an offer. Once we have received the order, the customer will be notified of receipt of his order via the email address he provided. This communication does not constitute acceptance of the customer's offer on our part. A contract is only concluded after acceptance on our part. Acceptance occurs when the ordered goods are dispatched. Our confirmation of receipt of the customer order by email does not constitute an acceptance of the offer on our part.

2.3 Right of withdrawal

If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions. If you as a consumer exercise your right of withdrawal, you will have to bear the regular return shipping costs. Otherwise, the regulations set out in detail below apply to the right of withdrawal

- Beginning of the cancellation policy -

2.3.1.Instruction

You have the right to cancel the contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods;
To exercise your right of withdrawal, you have several options:

  • You can request a return via your online login profile:

Enter your login details.

Go to orders.

Select the order for which you would like a return (Request a Return).

Select the products you would like to return (check the box) and press Request Return.

As soon as we receive a return request, we will send you a return slip

Make it available for you to print out and hand it in together with the package to one of our chosen contractual partners.

  • You can also inform us of your revocation by email. To do this, use the attached sample revocation template and send it, filled out, to the following email address: office@westhype.com

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

2.3.2.Consequences of revocation (withdrawal)

  • If you revoke this contract, we must repay all payments that we have received from you (except delivery costs) immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract. You must send the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract:

WESTHYPE®
Mariahilfer Straße 1
8020 Graz
Austria
to return or hand over

  • 2.3.3.When does the right of cancellation (right of withdrawal) no longer apply?
    The right of withdrawal (right of withdrawal) does not apply in the event of any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties and functionality of the goods. The right of withdrawal also does not apply to products that are delivered in a sealed package if the seal was removed after delivery.
    - End of revocation -
3. Prices and shipping costs

All prices are total prices. They are inclusive of all taxes including sales tax, unless these are stated separately. The shipping costs will be clearly communicated to you in the shopping cart system during checkout.

4. Destination country

The online shop is available in Austria, Belgium, Bulgaria, Greece, Croatia, Lichtenstein, Malta, Monaco, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Serbia, Slovakia, San Marino, Czech Republic, Denmark, Hungary, Italy, France and Germany. We only deliver to delivery addresses in these states.

5. Payment

Payment can be made either via Paypal, Amazon Pay, Eps, Maestro, Visacard, Mastercard, Klarna, Google Pay, Apple Pay or bank transfer. If you choose the bank transfer payment method, we will provide you with our bank details in the order confirmation.

6. Retention of title

The goods remain our property until full payment has been made.

7. Dispute Resolution

The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations that arise from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.

 

DATA PROTECTION

1. Instruction

The protection of your personal data is particularly important to us. We therefore process your data exclusively on the basis of the legal provisions (GDPR, TKG 2003). In this data protection information we inform you about the most important aspects of data processing on our website.

When you visit our website, your IP address, start and end of the session are recorded for the duration of this session. This is for technical reasons and therefore represents a legitimate interest in the sense of. Art 6 Paragraph 1 lit f GDPR. Unless otherwise regulated below, we will not process this data further.

2. Contact us

2.1. Contact form and email

If you contact us using the form on the website or by email, the data you provide will be stored by us for six months in order to process your request and in case of follow-up questions. We will not pass on this data without your consent.

2.2. Newsletter

By entering your email address into the newsletter subscription, you agree to have our newsletter delivered to your email address. We process your data for the purpose of sending newsletters until you revoke your consent. You can revoke your consent at any time ( support@westhype.com ) or by clicking on the unsubscribe link at the end of each newsletter. To process the newsletter dispatch, we work with an operator of a newsletter management system based in the EU. You generally have the right to information, correction, restriction and objection, data processing as well as deletion and portability of your data that we have stored.

2.3 Email Marketing

We may use your personal information to send you newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

3. Ordering and storage of data

As part of your order, we process and store the data you provide: first name, last name, street, house number, postal code, city, country, telephone number, email payment method, date of order, products that were ordered. The data you provide is necessary to fulfill the contract or to carry out pre-contractual measures. Without this data we cannot conclude the contract with you. The data you provide will therefore only be processed to fulfill the contract. The legal basis is Article 6, Section 1 lit b GDPR.

If a contract is concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) has expired.

The data name, address, purchased goods and date of purchase will also be stored until the end of product liability (10 years). Data processing is carried out on the basis of the legal provisions of Section 96 Paragraph 3 TKG and Article 6 Paragraph 1 lit a (consent) and/or lit b (necessary for contract fulfillment) of the GDPR.

4. Data collection and transmission

The data collection takes place:

To operate our Service and provide our Service to you.
To provide you with support and respond to your inquiries, including investigating and responding to your concerns and monitoring and improving our Service. To fulfill the purpose for which you provided the information. For example, if you provide us with your contact information to ask a question about our Service, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use this information to process your payment and facilitate delivery.

The service providers we use may have access to your personal information. These third parties collect, store, use, process and transfer information about your activities on our Service in accordance with their privacy policies.

Data will be transferred to third parties to:

Transport company/shipping company:

To deliver the goods. Our shipping partners are Sendcloud, Austrian Post, DPD and GLS.

Payment service provider:

In addition, after checkout and all data has been fully entered, for the purpose of contract processing, the respective data will be shared and stored, depending on the payment selection, with the processing bank institutions/payment service providers for the purpose of debiting the purchase price. We offer the following payment options: Apple Pay, Eps, Google Pay, Klarna, Klarna Bill, Maestro, Mastercard, Visacard, Paypal and Amazon Pay.

Shopify: online shop, marketing app for newsletters and emails (email), app for printing out invoices (order printer)

Trustpilot Review App:

For the purpose of evaluating your shop experience.

5. Cookies

We would like to point out that for the purpose of simplifying the purchasing process and for later contract processing, the web shop operator stores the IP data of the connection owner in the form of cookies. These can provide information about the location and time of access.

Our website uses so-called cookies. These are small text files that are stored on your device using the browser.

  • Necessary/essential cookies

Type: Session cookies

Managed by: Us

Purpose: These cookies are essential to provide you with the services available through the website and to enable you to use some of its features. They help authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services you have requested cannot be provided and we only use these cookies to provide you with these services.

  • Cookies Policy / Notice Acceptance Cookies

Type: Persistent cookies

Managed by: Us

Purpose: These cookies indicate whether users have accepted the use of cookies on the website.

  • Functionality cookies

Type: Persistent cookies

Managed by: Us

Purpose: These cookies allow us to remember choices you make when using the website, such as: B. Your login details or your language preference. The purpose of these cookies is to provide you with a more personalized experience and to avoid having to re-enter your preferences each time you use the website.

  • Tracking and performance cookies

Type: Persistent cookies

Managed by: Third parties

Purpose: These cookies are used to collect information about website traffic and users' use of the website. The information collected through these cookies can directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the website. We may also use these cookies to test new pages, features or new functionality on the website to see how our users respond.

If you reject cookies when you visit the site, only the necessary cookies will be used.

This data is collected on the basis of Article 6 Paragraph 1 Letter f of the GDPR (Recital 47, 48, 49).

7. Your rights

You generally have the rights to information, correction, deletion, restriction, data portability, revocation and objection regarding your data stored by us. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can contact us at support@westhype.com.

8. You can reach us using the following contact details:

WESTHYPE®

Mariahilfer Straße 1

8020 Graz

Austria

or the email address:

support@westhype.com