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GENERAL TERMS AND CONDITIONS OF BUSINESS & DATA PROTECTION

For all orders placed in our online shop, our General Terms & Conditions of Business (available on the internet) apply. We recommend you to print out your order data immediately after sending your order, together with the General Terms & Conditions of Business that form the basis of the order. We do not store the text of the contract. We send you the order data by e-mail.

Area of validity

All offers and promotions in the online shop are only valid as long as stocks last. Immediately upon receipt of the offer to purchase, we will send confirmation that we have received said offer, but such confirmation does not constitute acceptance of the same. We will have accepted the offer only when we notify about shipment goods ordered. The purchase contract comes into force only upon our acceptance of the customer's offer to purchase. If the goods ordered are not available, we will notify the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. We kindly ask for your understanding that products can only be provided in customary household quantities. All offers and promotions in advertising media and in the online shop are valid only for as long as stocks last, and within the time period mentioned. All price indications given shall be understood to be in EURO, to include the respective statutory valued-added tax, and to be subject to addition of the respective delivery costs. You can find out the delivery cost under www.elementofglam.com/shipping-returns

Right to revocation

You have the right to revoke this contract within 14 days without stating a reason. 
The revocation deadline consists of 14 days from the day on which you or a third party named by you, which is not the transporter, has taken receipt of the goods. However, the deadline does not begin before the purchase contract has become binding for you by means of your approval of the purchased item. 
In order to exercise your right to revocation, you are required to notify us (the skylark EU | Philipp Lerchner, Maierhofstrasse 45, A-5202 Neumarkt am Wallersee, e-mail: care@elementofglam.com) by means of a clear declaration (e.g. a letter sent by post or e-mail) concerning your decision to revoke this contract.

Notice regarding right to revocation

To safeguard compliance with the deadline for the right to revocation, it is sufficient for you to dispatch the notification regarding the exercise of the right to revocation before the right-to-revocation deadline expires (14 days). 

 

Consequences of revocation

If you revoke this contract, we are required to reimburse to you all payments that we have received from you, including the delivery costs (with the exception of any additional costs resulting from you choosing a different type of delivery than the other, lowest-price standard delivery offered by us), immediately and no later than within 14 days from the day on which the notification of your revocation of this contract is received by us. For this repayment we use the same means of payment that you used for the original transaction, unless another arrangement was explicitly agreed with you; in no instance will costs be charged to you with regard to this repayment. We are entitled to decline to make the repayment until we have received the goods back or until you have provided the proof that you have sent back the goods, depending on which of the two is the earlier point in time. 
You are required to send back the goods to us immediately and in all instances no later than seven days from the day on which you notify us regarding the revocation of this contract. In instances in which goods can be sent in parcel form, the deadline is deemed to have been complied with if you dispatch the goods before the seven-day deadline expires. 
You are required to bear the costs for the return of the goods and must reimburse any loss of value of the goods incurred, if this loss of value is attributable to the goods being handled in a way that is not necessary for the purpose of checking the condition, characteristics and functional operation of the goods. For your return we recommend to use an insured parcel, which also provides tracking number.

 

Exclusion / expiry of the right to revocation

No right to revocation exists in the case of contracts for the supply of goods for the manufacture of which an individual selection or individual determination made by the consumer is decisive, or for goods unequivocally tailored to the consumer's personal requirements; this right of revocation ends prematurely in the case of contracts for the supply of sealed goods that are not suitable for return, for reasons either of hygiene or of protection of health; neither does this right of revocation exist with regard to computer software supplied in a sealed package if the product's seal was removed after delivery.

Prices and their validity

The prices stated on www.elementofglam.com are online prices in EURO (including the statutory value-added tax) and are subject to addition of any delivery costs incurred. Please refer to the following link to find out whether delivery costs are incurred and, if so, what the amount is: www.elementofglam.com/shipping-returns

 

Payment

You may pay for our products online by paypal. For this purpose simply select “Paypal” under "Method of payment".

We currently only accept PayPal as payment method. When selecting you will be automatically redirected to PayPal. If you are already a PayPal customer, you can log in there with your user data and confirm the payment. If you do not have a PayPal account, you can open a PayPal account and then confirm the payment.

Delayed payment

Please bear in mind that extra costs emerge for you in the event of delayed payment due to fault on your part. In the event of delayed payment due to fault on your part, we are entitled to charge default interest amounting to 1.65% per month (19.8% p.a.) on a current-account basis.

Language of the contract

The language used for contracts, orders and for the conducting of business is English, German may also be used if desired.

Retention of ownership

We reserve the right of ownership of all goods supplied by us until the purchase price has been paid in full.

Electronic communication

You hereby give your consent that the communication relating to the contract may be conducted in electronic form.

Warranty

Our warranty claims comply with the statutory provisions. The statutory warranty period consists of 24 months.

With regard to the delivery of the goods, for consumer-product transactions the risk for the loss of the goods or damage to the goods shall be passed over to the consumer no sooner than when the goods are supplied to the consumer or to a third party, other than the transporter, designated by the consumer.
We recognize the alternative dispute resolution system of the Austrian E-Commerce Trust Mark (E-Gütezeichen) and of the internet ombudsman. If there are any other questions regarding dispute resolution, please contact our service: care@elementofglam.com or the internet ombudsman. You can obtain information on the internet ombudsman's competence here: www.ombudsmann.at

 

Data protection 

11. Data protection 

The protection of your personal data is very important to us. We would therefore like to inform you in the following pages about the data collected during your visit and the purposes it is used for. Should you still have any queries about the handling of your personal data, please contact us on care@elementoglam.com.

The ongoing further development of technology, changes in our services or the legal situation as well as other reasons can require adjustments of our data protection notice. We therefore reserve the right to change this data protection declaration at any time and ask you to regularly inform yourself about the current status.

 

Data processing Controller and Contact Information

This website is operated by theSkylark EU| Philipp Lerchner for ELEMENT OF GLAM

Address: Maierhofstrasse 45, 5202 Neumarkt am Wallersee, Austria

Email: care@elementofglam.com

General factors

We abide strictly by the provisions of European General Data Protection Regulation (EU-GDPR) and Austria's Data Protection Act (Datenschutzgesetz) in the use and processing of your data. In so far as this is necessary for managing transactions and for the promotion of our own product and service offering, your data shall be stored and shall be transferred to theSkylark EU| Philipp Lerchner and also to our partner companies with their respective registered offices in the EU, for the purposes of customer care, supply of goods and fulfilment of the contract, and also in order to produce and to send promotional material. Our partners have been painstakingly selected by us; in accordance with the statutory provisions, they are subject to an obligation in relation to us to handle your data and to abide by our own data-protection standards in a trustworthy way. In particular it is not permitted for our partners to pass on our customers' data to third parties, either for their own purposes or for another party's commercial purposes.

Keep in mind that data transmission on the Internet can generally be subject to security vulnerabilities. Full protection against access by strangers is not possible.

Access to Personal Date and other Data Controllers

The website operator or website provider collects data about accesses to the site and saves these as "server log files". The following data is logged:

  • Visited website

  • Time at the time of access

  • Amount of data sent in bytes

  • Source / reference from which you came to the page

  • Browser used

  • Operating system used

  • Used IP address

 

The data collected are for statistical purposes only and to improve the website. However, the website operator reserves the right to retrospectively check the server log files should concrete evidence point to unlawful use.

We inform you that at theSkylark EU| Philipp Lerchner process the personal data you provide us with for the following purposes:

  • Completion of orders in our web shop

  • Sign-ups for newsletter

  • Participation in competitions and/or other events

  • Send-outs of other marketing material, including invitations to events and allocation of discount codes

  • Overview of purchase history

  • Statistics

  • Marketing initiatives

 

Your personal data is collected in one or several of below cases:

  • Completion of orders in our web shop

  • Sign-ups for newsletter

  • Contacting us through email or contact for

 

The personal information we collect includes the following:

  • Content that you generate when interacting with our customer services team including details we require to contact you and verify your identity;

  • Other content that you generate through browsing activity including intended purchases, your marketing preferences, completion of surveys, wishlists, and participation in promotional activity; and

 

We keep statistics about user behavior and preferences on the website. This data does not contain personal data. Knowledge about the users' use of the website is gained with help from the collected data. This information is used to improve the website. We do use data about how our users navigate, to better understand how our users use www.elementofglam.com from that we try to improve the website. We do not sell or otherwise disclose information about how our user navigate and use our website. We do not sell or disclose information about your purchase history to third parties.

Ordering process
All data, which are entered during the order processing by the customer, are stored. This includes:

  • Name

  • Address

  • E-mail address

  • Telephone number

Those data, which are absolutely necessary for the delivery or order processing, are passed on to third service providers. As the storage of your data is no longer required or required by law, it will be deleted.

Handling of personal data
The website operator collects, uses and transfers your personal data only if this is permitted by law or if you consent to the collection of data.
Personal information means all information that is used to identify your person and which can be traced back to you - such as your name, e-mail address and telephone number.

 

Personal Date Retention Period

Your data will be kept as long as we have a contractual relationship, or until you request its cancellation, as well as for the time necessary to comply with our legal obligations.

Cookies

We use cookies in order to improve our web presence and to optimize use for you. Cookies are small text files that are stored on your computer when you call up our website and enable a renewed identification of your browser. Cookies store information, such as, for example, your language setting, the length of visit to our website or the entries you made there. This avoids the need to re-input all the required data afresh at every session. Moreover, cookies enable us to detect your preferences and to tailor our website to your areas of interest.

Most browsers accept cookies automatically. If you would like to prevent the acceptance of cookies, you can select the setting "accept no cookies" in the browser settings. How this works in detail can be found in the instructions of your browser manufacturer. Cookies already stored on your computer can be deleted at any time. However, we would like to point out this may restrict the functionality of our web presence.

Anonymous storage of movement-related data

At www.elementofglam.com personal recommendations are shown to you. These are based on articles that you have already viewed, looked for or purchased www.elementofglam.com. In this process, these "items of information" are stored in a so-called cookie. Your personal data, such as your name, and address, are not stored and it is not possible to trace the information back to you as an individual.

Receipt of promotional news

You explicitly declare your consent to your name, your address, and also (in the event that you register for the newsletter) your e-mail address and your telephone number, being used and possibly being passed on to cooperation partners, and also consent to receive, from us and also from the possible cooperation partners, information material for promotional purposes (e.g. newsletter, product and service information, etc.) by post, by SMS, by telephone call or by e-mail.

Newsletter Subscription
The website operator offers you a newsletter in which he informs you about current events and offers. If you would like to subscribe to the newsletter, you must enter a valid e-mail address.

Exclusion of liability for external links

On our internet pages we direct attention to links with other sites on the internet. The following applies to all these links: we explicitly declare that we have no influence of any kind either on the design or on the content of the sites to which a link is made. For that reason we hereby explicitly distance ourselves from all content in all linked websites of third parties at www.elementofglam.com and do not make that content our content. This declaration applies for all links indicated and for all content of the websites to which links lead.

Integration into social plug-ins

This web page uses social plug-ins from Facebook, Instagram and Pinterest come into use, so as to make the use of your online shop more personal. For this purpose we use the "LIKE"-Button, and the "Pin It" button. This relates to offers from the US Facebook/ Instragram (operator: Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) Pinterest (operator: Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA)

If you visit www.elementofglam.com web page containing such a plug-in, the latter sets up a direct connection to Facebook/ Instagram/ Pinterest. If you are logged in to those accounts, the latter can assign the visit to your account of Facebook/ Instagram / Pinterest account. If you interact with the plug-ins, for instance you activate the "Like" button or submit a comment, the corresponding information will be transferred directly to Facebook from your browser and stored there. Logging out at Facebook or respectively Instragram/Pinterest prevents the assignment of the data to your respective profile. With regard to the use of your data after a consent is given, the respective companies provide detailed information on their websites, regarding the type of data used, the purpose of doing so, and the further processing of your data. Here you will also find more detailed information regarding your rights and possibilities with regard to settings, for the purpose of protecting

Google Analytics

This website uses Google Analytics, a web-analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", i.e. text files that are stored on your computer and that enable your use of this website to be analyzed. The information produced by the cookies regarding your use of this website is usually transferred to a Google server in the USA and stored there.

We direct it to your attention that, on this website, Google Analytics has been extended so as to include the code "gat._anonymizeIp();" this is in order to guarantee an anonymised registration of IP addresses (so-called IP masking). Therefore, according to our instructions, your IP address is registered by Google solely in a shortened form: this guarantees that the data are anonymised and do not enable your identity to be traceable. Through activating the IP anonymisation on this website, your IP address is shortened in advance by Google within the European Union member states or in other contracting states of the European Economic Area. It is only in exceptional cases that the complete IP address is transferred to a Google server in the USA and shortened there. On our behalf, Google will use the information stated in order to assess your use of our website, in order to compile reports concerning the website activities, and in order to provide other services to us, connected with the use of the website and of the internet. The IP address provided by your browser within the framework of Google Analytics is not brought together with other data from Google.

You can prevent the storage of the cookies by introducing a particular setting to that effect on your browser software; however, we direct it to your attention that, in that case, you may not be able to use all the functions of this website to the full extent. In addition, you can prevent the registration of the data produced by the cookie and related to your use of the website (incl. your IP address) by Google and also the processing of these data by Google, by means of downloading and installing the browser plug-in available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

Right to information and to the correction, blocking and deletion of data stored

At any time and free of charge, you have a right to obtain information about your stored data and to correct, block and delete those data. In this regard, you can contact us in writing by e-mail, at care@elementofglam.com or by post, at the company facility that has its details stated in the 'Imprint' section. This right is restricted solely to the extent that we can suspend the deletion in order to safeguard our claims.

Image rights

We or respectively our partners retain all image rights. Any use of the images, in whole or in part, is not permitted without our explicit consent.

Applicable law

For all legal transactions the application of Austrian law shall be agreed upon, to the exclusion of the UN Sales Convention.

Legal venue

Provided that a customer becomes a consumer as defined in Austria's Customer Protection Act (Kundenschutzgesetz; KSchG), for any legal disputes the competence is with the court that has in its area of jurisdiction the customer's home address, habitual abode, or place of employment. In all other instances it shall be agreed that the legal venue is the court with subject-area competence at the company's location.

Provider Identification - Imprint

17. Provider Identification - Imprint

the Skylark EU | Philipp Lerchner
Maierhofstrasse 45
5202 Neumarkt am Wallersee

Austria
VAT registration number: ATU46659806 
Chief Executive Officer: Philipp Lerchner

If you have any questions or complaints, please contact our Customer Service at care@elementofglam.com.

Payment Methodes
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