General terms and conditions
All sales are subject to the application of the points below.
Misunderstandings, ambiguities, and errors should not, but can happen – we will make every effort to resolve things with you in the best possible way
1. Applicability and definitions of terms
The following General Terms and Conditions shall apply to all deliveries between us and a customer in the version valid at the time of the order.
A customer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
The following terms and conditions of sale and delivery apply to the online store. Any deviating terms and conditions of the customer shall not be recognized by Upsqale e.U unless Upsqale e.U has expressly agreed to their validity.
The contractual partners agree on the application of Austrian law. If the customer has his domicile or habitual residence in Austria or if he is employed in Austria, any action against him may only be brought before the court in whose jurisdiction the domicile, habitual residence, or place of employment is located; this shall not apply to legal disputes that have already arisen.
3. Data protection
Our data protection practices are in line with the General Data Protection Regulation (EU-GDPR). You can find more detailed information on data protection by following the link below to our “Data Protection” section: https://www.nativeshades.com/data-protection/
4. Formation of the contract
The following regulations on the conclusion of the contract apply to orders placed via our Internet store https://www.nativeshades.com/
In the event of the conclusion of a contract, the contract is concluded with Upsqale e.U.
All product prices are in Euro including VAT (10, 13 or 20%).
The presentation of the goods in the internet store does not represent a legally binding contract offer on our part but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
Upon receipt of an order in our Internet store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.
5. Contract language
The language(s) available for the conclusion of the contract: English
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text at any time at https://www.nativeshades.com/terms-of-business/
6. Delivery conditions
Shipping is carried out by Post Austria | GLS | DPD. In addition to the stated product prices, shipping costs may be incurred. You will find more detailed information about possible shipping costs in the offers and generally, they are as follows:
- Limited Edition Standard format & Original– Turnaround Time: 3 – 5 working days + shipping time
- Limited Edition Custom format – Turnaround Time: 7 – 10 working days + shipping time
The customer shall be informed and provided with shipping details when the parcel is shipped.
In our store, the following payment methods are generally available:
If the customer has chosen payment in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract. If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
Bitcoin & Altcoins
If you select the payment method of Bitcoin or altcoin, we will provide you with our respective wallet addresses in a separate email with an invoice attached and deliver the goods after receipt of payment. Please make sure to send the crypto coins from the correct network, because we assume no liability for burned crypto coins.
8. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Kaerntner Strasse 530
by means of a clear statement (e.g., a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
8. Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back.
You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract, and the day of the delivery. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. Customers have the possibility to use this platform for the settlement of their disputes, which can be found at http://ec.europa.eu/consumers/odr/.
Customers have the option of contacting [name, address, website of the Alternative Dispute Resolution] for the resolution of their disputes. We are required to participate in dispute resolution procedures before this body. We will participate in such a procedure.