AGB

Last updated: March 2023

1.1. In our online shop, which can be accessed under www.keepups.com,  we, keepups fashion GmbH, FN 593069k, Commercial Court Vienna, Hahngasse 21/10, 1090 Vienna ("keepups", "we", "us") offer the goods available in our online shop for consumers to purchase.

1.2. The presentation of the goods in our online shop does not constitute a binding offer, but merely an invitation to customers of legal age to submit an offer to us for purchase.

1.3. We reserve the right to change the information in our online shop at any time.

1.4. Our offer in our online shop is aimed exclusively at consumers. If you are an entrepreneur and interested in our articles, please contact us at hello@keepkups.com. 

1.5. By clicking on the "Buy now" button, you agree to make an offer to us for the purchase of the items displayed in the shopping cart of our online shop at the prices and shipping costs displayed in each case. A binding contract is only concluded when we accept your order and send our order confirmation to the e-mail address you have provided.

1.6. When you place an order through our online store, you confirm that you are over 18 years of age and have legal capacity.

1.7. The contract via our online shop is concluded in German.

1.8. We reserve the right to refuse or cancel orders (e.g. in the event of incorrect price displays due to a shop error).  

1.9. By clicking on the checkbox in the shopping cart before placing the order "I have read and accepted the terms and conditions", you agree to these general terms and conditions and to be bound by them.

2.1. Your order will be subject to the prices indicated in our online shop at the time of ordering, plus shipping costs. The prices quoted in our online shop are final prices including the applicable statutory value-added tax.

2.2. In addition to the purchase price of the ordered items, you will be responsible for the shipping costs specified in the ordering process. The respective shipping costs for the desired destination country of the delivery can be found in the ordering process.

2.3. In the case of cross-border deliveries, additional taxes may apply in individual cases, which must be paid by you directly to the customs or tax authorities responsible there.

2.4. In our online shop, we basically offer you various payment options, whereby you have the option of selecting your preferred payment option from the respective payment options offered under "Checkout" during the ordering process under the terms and conditions of the respective payment processor. By selecting each, you agree to the terms and conditions of the payment processor you have selected.

2.5. We reserve the right to restrict the payment options for each order or to offer only certain payment options.

2.6. In the case of an invoice purchase, the payment is processed via Klarna Bank AB. By selecting this payment method, you agree to the terms and conditions of Klarna Bank AB: https://www.klarna.com/at and agree to pay the purchase price in accordance with the terms and conditions set out by Klarna Bank AB.

2.7. In the case of a purchase in advance, you undertake to pay the purchase price within 7 days to the bank account specified by us in the invoice. If you buy in advance, we will reserve the ordered items for you and deliver them as soon as the full purchase price (including shipping costs) has been credited to our bank account. If the purchase price does not reach our bank account within this period, we reserve the right to withdraw from the contract.

2.8. You agree that we may send our invoice electronically to the e-mail address you provided when placing your order. At your request, we will send you a paper invoice.

2.9. Until the purchase price has been paid in full, the ordered items remain our property. A resale is only permissible if it has been notified to us in good time, stating the name and exact address of the buyer and if we agree to the sale. If we agree, the purchase price claim shall be deemed to have been assigned to us and we shall be entitled to notify the third-party debtor of this assignment at any time.

3.1. Our items are shipped exclusively to those countries specified on our website under "Shipping" under the conditions and shipping costs stated there. During the ordering process, you have the option of selecting your desired destination country from the available countries in the "Checkout".

3.2. We are entitled to send your order in several instalments. You will not incur any further shipping costs for a partial delivery.

3.3. The transport risk is transferred to you as soon as the goods are delivered to you or to a third party designated by you and other than the carrier. 

4.1. If possible, please return the item to us complete in its original packaging. 

4.2. For certain countries, we offer free return shipping. In this case, a return label will be included with your order. If your order is accompanied by a return label, we ask you to use this return label for your return. The use of the return label is not mandatory but allows you to return the items to us free of charge. 

4.3. Please note that in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, the right of return expires prematurely if their seal has been removed after delivery. Furthermore, you are not entitled to the right of revocation in the case of contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.

If you have any questions about returns, please contact us at: hello@keepups.com 

You can find more contact options on our website.

If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last goods. To exercise your right of withdrawal, you must inform keepUps fashion GmbH, Hahngasse 32/10, 1090 Vienna, E-Mail: hello@keepups.com of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the attached sample withdrawal form for this, but it is not mandatory. You can also fill out and submit the sample withdrawal form or other unambiguous statement electronically via the contact form on our website. If you make use of this option, we will send you a confirmation of receipt of your revocation immediately (e.g. by email). In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from this contract, we shall reimburse you for 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 cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may withhold a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. 

You must return or hand over the goods to us or to keepUps Fashion GmbH, c/o byrd technologies, c/o AT - Mailog (MAL), Talpagasse 1a, 1230 Vienna / AUSTRIA without undue delay and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will be responsible for the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back)

An keepUps fashion GmbH, Hahngasse 32/10, 1090 Wien, E-Mail: hello@keepups.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if notified on paper)

- Date

(*) Delete as applicable.

6.1. You are entitled to the statutory warranty claims for the items you have purchased. The warranty period for consumers is 2 years from the date of delivery of the goods. 

6.2. We do not give any guarantees to the customer in the legal sense, unless otherwise expressly agreed in writing. Manufacturer's warranties remain unaffected.

6.3. We are only liable for claims for damages in the event of intent or gross negligence. To the extent permitted by law, our liability is always limited to the foreseeable, contract-typical, direct average damage. These restrictions also apply to breaches of duty by our employees, representatives and vicarious agents. However, the restrictions do not apply to injury to life, limb or health. 

6.4. Insofar as we provide access to other websites with links on our website, we are not responsible for the third-party content contained therein.

7.1. The customer waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency, as well as to counterclaims that are legally related to our claim, have been established by the court or are recognized by us. In these cases, consumers have the option of offsetting. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

7.2. We reserve the right to change our terms and conditions at any time. Our General Terms and Conditions apply to your order in the version valid at the time of ordering, which is www.keepups.com available on our website and can be downloaded as a PDF.

7.3. For the purchase contract concluded between us and you, our general terms and conditions as well as all other legal relationships with us, Austrian law applies exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This is without prejudice to mandatory regulations of a country in which the customer, who is a consumer, has his domicile or habitual residence.

7.4. If you are a consumer and you have your domicile or habitual residence within the European Union, only the court in whose district your domicile, habitual residence or place of employment is located can be established for you. For legal disputes with entrepreneurs, the court with territorial jurisdiction at the registered office of our company has exclusive territorial jurisdiction.

7.5. The European Commission provides a platform for Online Dispute Resolution (ODR), which you  can access at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer¬arbitration board.

7.6. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining terms and conditions shall not be affected.

You can reach our customer service Monday – Friday from 10 a.m. to 6:00 p.m.

E-Mail: hello@keepups.com

Phone: +43 677 61769160.

Mailing address: 

keepUps fashion GmbH

Hahngasse 32/101090 Vienna, Austria