General Terms of Use

§ 1 Scope of application, conclusion of contract, amendment of the general terms of use

  1. The Women’s Best App (hereinafter: “WB app” or “app”) is an offer from Women’s Best GmbH, Römerstraße 18, 6065 Thaur, Austria (hereinafter: “WB”).

  2. These General Terms of Use apply to the contractual relationship between WB and the user (hereinafter: “User” or “You”). Deviating terms and conditions of the user do not become part of the contract, even if WB does not expressly object to them.

  3. Before downloading the WB app, you are obliged to explicitly agree to these General Terms of Use and to register with WB.

  4. The contract is concluded when WB confirms the user’s registration (“registration”). WB reserves the right to refuse any registration at its own discretion and without giving any reason.

  5. A contract can only be concluded if the user has unlimited legal capacity or acts with the consent of their legal representative. In any case, the user must have at least reached 18 years of age.

  6. WB is entitled to change these General Terms of Use if the user agrees to the change. WB will notify changes in text form at least 6 weeks before they come into effect, specifically naming the future contract change. The user has the right to object to the change. In the event of an objection, WB is entitled to terminate the user contract at the time the change comes into force. If the user does not object by the time the change comes into force, the changes will come into effect from the point in time specified in the change notification. WB is obliged to inform the user of the consequences of their silence in the notification of change.

§ 2 Services, scope of services

  1. The WB app is an application that allows you to shop at WB. If you conclude a contract over the purchase of goods, WB’s General Terms and Conditions (GTC) apply, which you can see here: womensbest.com/pages/terms-conditions

  2. It is pointed out that the technical quality when accessing the content in other European countries and outside the European Union can deviate negatively compared to the domestic quality.

  3. WB guarantees 99% availability of its app over the calendar year. Failures for which WB is not responsible due to necessary maintenance work, force majeure, technical faults on the Internet or other reasons for which WB is not responsible are not included.

§ 3 Rights and obligations of the user, prohibited conduct

  1. The content provided via the app is protected by copyright. WB makes this content available exclusively for the user’s private, non-commercial purposes. For the use of the app, the user acquires the simple, non-exclusive right of use that is not transferable to third parties. The user may not reproduce, distribute or make the content publicly accessible or remove technical protective measures or copyright or rights notices.

  2. The user undertakes to provide true and complete information when registering and to keep it up-to-date during the contract period by adjusting it or notifying WB. Only one registration may be maintained per person at a time.

  3. The user is obliged to keep their access data secret and not to pass it on to third parties. The passing on of the possibility of using the registration to third parties is prohibited.

  4. It is forbidden to infringe the rights of WB or the rights of third parties when using the app or to otherwise violate applicable law or common decency. In particular, the user undertakes to refrain from the following actions:

    • Disseminating statements that are offensive, harassing, violent, glorifying violence, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise objectionable or prohibited;
    • Insulting, harassing, threatening, scaring, slandering, embarrassing other WB users or employees;
    • Spying on, sharing or disseminating the personal or confidential information of other users or WB employees or otherwise disregarding the privacy of other users or WB employees;
    • Spreading false claims about the race, religion, gender, sexual orientation, origin, social status of other users or employees of WB;
    • Spying on, sharing or disseminating WB’s confidential information;
    • Spreading false claims about WB;
    • Impersonating an employee of WB or an affiliate;
    • Using any copyrighted image, photograph, graphic, video, piece of music, sound, text, trademark, title, designation, software or other content and identifiers without the consent of the copyright owner or owners or as permitted by contract, statute or regulation;
    • Taking screenshots of the App content without the consent of the copyright owner or owners or as permitted by contract, statute or regulation;
    • Disseminating statements with advertising, religious or political content;
    • Using prohibited or illegal content;
    • Exploiting errors in programming (so-called bugs);
    • Taking measures that can lead to an excessive load on the servers and/or massively impair the process for other users;
    • Hacking or cracking, and promoting or encouraging hacking or cracking;
    • Distributing counterfeit software, and promoting or encouraging the distribution of counterfeit software;
    • Uploading files containing viruses, Trojans, worms or corrupted data;
    • Using or distributing 'auto' software programs, 'macro' software programs, or other 'cheat utility' software programs;
    • Modifying the WB app or parts of it;
    • Using software that enables so-called 'data mining' or otherwise intercepts or collects information related to the WB app;
    • Interfering with transmissions to and from the service servers and the website servers;
    • Penetrating the service, data servers or website servers.

  5. WB points out its domiciliary rights regarding the use of its app and expressly reserves the right to immediately suspend the account and terminate the user contract without notice if one of the obligations regulated in (4) or other applicable law is violated when using the app.

§ 4 Contract term, termination

  1. The contract for the use of the app runs for an indefinite period and can be terminated by either party at any time without notice. The user can uninstall the app for this purpose.

  2. The statutory right of both parties to extraordinary termination for good cause remains unaffected. For WB, good cause for termination exists, in particular, if the user intentionally provides false information when registering or ordering and/or later changing their data or has repeatedly violated these General Terms of Use, provided that WB warned the user without success before the extraordinary termination (warning) and the user failed to comply with the affected contractual obligation.

§ 5 Technical requirements

Use of the WB app does not include the provision of a mobile device or other devices required to access the WB app. To use the WB app, you need an internet connection and suitable telecommunications connections. WB accepts no responsibility or liability for any telephone or other charges you may incur or be charged by any third party. It is possible that by using the WB app you will also use a service, download software or purchase goods or services from third parties. These third-party services and goods may have their own rules and restrictions separate from these General Terms of Use, and you must comply with them in relation to such third party.

§ 6 Updates and changes to the services; limitation of the services of the WB app

  1. WB may update or change the app for seamless delivery of the services without having to notify you. If necessary, WB may temporarily suspend or permanently shut down access to the app. Updates or changes may be subject to amended General Terms of Use (see § 1 paragraph 6); If you do not agree to such changes, you must refrain from future use of the app.

  2. Insofar as the WB app provides free services, the user has no right to their provision; WB expressly reserves the right to limit, terminate or charge for the provision of free services at any time.

§ 7 Third-party websites and apps

The WB app may provide links or references to third-party websites and apps. WB does not monitor such websites and is not responsible for their content or functionality. If you access these third-party websites through the WB app, you do so at your own risk. We encourage you to read the terms of use and privacy policies of those third-party websites. WB shall not be liable for any damage or loss you may suffer as a result of using any third-party website.

§ 8 Obligations to cooperate / further obligations of the user

  1. When using the app, the user must comply with the duties of care required for use. In particular, the user is obliged to regularly back up their data so that it can be restored in the event of loss.

  2. If access to the app requires the user to register, the user is responsible for ensuring that their password is not accessible to third parties. The user assumes full responsibility for all actions taken using their access data.

  3. You may not allow a third party to use your profile and access data. The use of your account by third parties is good cause for a permanent suspension without requiring a prior warning. In your own interest, you are required to inform WB immediately of any third-party knowledge or misuse of your account.

§ 9 Warranty, liability

  1. WB does not undertake to back up data for the user and does not assume any contractual assurances, guarantees or warranties that go beyond the statutory provisions, unless otherwise agreed in individual cases. WB is not liable for the occurrence of any desired success that the user wishes to achieve by using the WB app.

  2. Otherwise, WB is only liable for contractual and other claims of the user for damage to the user (1) caused intentionally or through gross negligence by WB, its legal representatives or vicarious agents, (2) resulting from injury to life, limb or health, which is based on a breach of duty by WB or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) due to the breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user regularly relies and may rely on (so-called cardinal obligation).

  3. In cases (1), (2) and (3) of paragraph 2 above, WB shall be liable without limitation. Otherwise, liability is limited to the foreseeable damage typical of the contract.

  4. In cases other than those mentioned in paragraphs 2 and 3 and without prejudice to the following paragraph, WB’s liability is excluded, regardless of the legal basis.

  5. The above limitations of liability apply accordingly to organs, employees and vicarious agents of WB.

§ 10 Applicable law, place of jurisdiction

  1. The law of the Republic of Austria applies to the exclusion of the UN Sales Convention. The legal regulations on the limitation of the choice of law and the applicability of mandatory regulations, in particular of the state in which the user as a consumer has their habitual residence, remain unaffected.

  2. The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and WB is the registered office of WB, provided the user is a merchant, a legal entity under public law or a special fund under public law. Irrespective of this, WB remains entitled to pursue legal action against the user at the user’s legal place of jurisdiction.

§ 11 Final provisions, Miscellaneous

  1. There are no verbal or written ancillary agreements.

  2. Should individual provisions of these General Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

  3. Information on dispute settlement: The EU Commission provides a platform for online dispute settlement (OS) at https://ec.europa.eu/consumers/odr.

  4. WB is neither obliged nor willing to participate in dispute settlement procedures before a consumer arbitration board.

 

Status of the General Terms of Use: 23rd of April 2024

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