Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of PIMP YOUR SKILLS GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods and/or services displayed by the Seller in its online shop. Any conflicting terms and conditions of the Customer are hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which predominantly are neither commercial nor self-employed professional activities.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to invite a binding offer from the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. Here, after placing the selected goods and/or services into the virtual shopping cart and completing the electronic ordering process, the Customer makes a legally binding offer regarding the goods and/or services contained in the shopping cart by clicking the button "order with obligation to pay".

2.3 The Seller can accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after receipt of the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when the first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the expiration of the fifth day following the sending of the offer. If the Seller does not accept the offer within the specified period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 In case of selection of a payment method offered by PayPal, the payment processing is carried out 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"), under the terms of use of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By selecting a payment method offered by PayPal 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 order.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after sending their order, along with these GTC. Additionally, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account using the respective login data, provided the Customer has created a customer account in the Seller's online shop before sending their order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better error recognition can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their inputs during the electronic ordering process as long as they have not clicked the button that completes the order process using the usual keyboard and mouse functions.

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

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using spam filters, that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's right of withdrawal information.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description by the Seller, the prices stated are total prices including the statutory VAT. Any additional delivery and shipping costs are separately indicated in the respective product description.

4.2 The Customer has various payment options available, which are indicated at the beginning of the ordering process in the Seller's online shop.

4.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, the 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 individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For payment processing, Stripe may use further payment service providers, for which special payment conditions may apply, which the Customer will be separately informed about if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.5 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna’s terms are available here:

4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to perform a credit check and to reject this payment method if the credit check is negative.

4.7 If SEPA direct debit is selected as the payment method, the invoice amount is due after granting a SEPA direct debit mandate, but not before the expiry of the period for advance notice for payment. The direct debit is collected once the ordered goods leave the Seller’s warehouse, but not before the expiry of the period for the advance notification. Advance notification ("Pre-Notification") means any notification (e.g., invoice, policy, contract) of the Seller to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient account funds or because of incorrect bank details or the Customer objects to the debit without entitlement, the Customer must bear the fees incurred by the reversal of the respective credit institution if the Customer is responsible.

5) Delivery and Shipping Conditions

5.1 Delivery of goods is made by shipment to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified during the transaction processing is decisive.

5.2 If the shipping company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that made delivery impossible or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had notified the Customer of the service within a reasonable time beforehand. Furthermore, this also applies regarding the costs for the dispatch if the Customer effectively exercises the right of withdrawal. The rules in the Seller’s right of withdrawal information apply to the return costs in the case of the effective exercise of the right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payments, he reserves ownership of the delivered goods until the full payment of the purchase price owed and all associated costs and expenses.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the provisions of the statutory liability for defects apply. Deviating from this, in contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of type of subsequent performance;
• the limitation period for warranty rights for new goods is one year from delivery of the goods;
• warranty rights for used goods are excluded;
• the limitation period does not restart if a replacement delivery is made under warranty.

7.2 The above liability limitations and period reductions do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in case the Seller fraudulently concealed a defect,
• for goods used according to their intended use for a building which caused the defect,
• for any obligation of the Seller to provide updates for digital products in contracts for goods with digital elements.

7.3 Furthermore, the statutory limitation periods for any existing statutory recourse claims remain unaffected for entrepreneurs.

7.4 If the contract is a business transaction between both parties within the meaning of § 343 para. 2 AT-UGB, the Customer has the obligation to examine and notify pursuant to § 377 AT-UGB. If the Customer fails to meet these notification obligations, the goods are considered approved.

7.5 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect the Customer’s statutory or contractual warranty claims.

8) Applicable Law

For all legal relations between the parties, the law of the Republic of Austria applies excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9) Alternative Dispute Resolution

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