Terms of service
TERMS AND CONDITIONS
This website is operated by SOJOURN GmbH. Throughout the site, the terms "we," "us," and "our" refer to SOJOURN GmbH. SOJOURN GmbH offers you this website, including all information, tools, and services available from this site, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 2 – SPECIFIC TERMS FOR ORDERS IN THE WEBSHOP
§ 1 Conclusion of the Contract
(1) The presentation and promotion of the range by SOJOURN GmbH does not constitute a binding offer to the customer.
(2) When placing an order in the webshop, the customer can review and modify their data and the items in the shopping cart at any time before submitting the order. However, the order can only be submitted and transmitted if the customer accepts these contractual terms by clicking the button “I have read and agree to the General Terms and Conditions,” thereby incorporating them into their application.
(3) By placing an order in the webshop, the customer makes a legally binding offer to purchase the goods in the shopping cart by clicking the “Place order with payment obligation” button. The customer may also make a binding purchase offer by phone, fax, email, or post.
(4) SOJOURN GmbH will send the customer an automatic confirmation via email after receiving their order, listing the customer’s order, which the customer can print using the "Print" function. The automatic order confirmation merely documents that the customer's order has been received by SOJOURN GmbH but does not constitute acceptance of the offer.
(5) SOJOURN GmbH may accept the customer's offer by:
- Sending 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
- Requesting payment from the customer after receipt of the order, or
- Delivering the ordered goods to the customer.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first.
(6) Subsequent changes and additions to the order represent an offer to conclude a contract, which SOJOURN GmbH may accept. The provisions listed in paragraph 5 apply accordingly for acceptance.
(7) The contract is concluded in German and English.
§ 2 Prices and Shipping Costs
The prices (including cancellation fees) include the statutory VAT. In addition, shipping costs apply for deliveries by post, which also include the statutory VAT. Higher shipping costs apply for deliveries abroad.
§ 3 Payment
Payment is made using the payment methods indicated in the webshop (e.g., credit card, PayPal). SOJOURN GmbH reserves the right to exclude certain payment methods for orders at any time. Payment is only deemed to have been made when SOJOURN GmbH has access to the payment amount.
§ 4 Delivery
(1) Postal deliveries by SOJOURN GmbH, subject to prior payment of the purchase price, will be dispatched within 2 - 5 business days from the date of the order confirmation.
(2) The delivery of digital content (e.g., by email, individual code, or download) will be made, subject to prior payment of the purchase price, within 1 business day from the date of the order confirmation by email (link).
§ 5 Right of Withdrawal for Consumers
(1) If the customer is a consumer (i.e., a natural person who places the order for purposes that are not attributable to their commercial or self-employed professional activity), they are entitled to a statutory right of withdrawal.
(2) If the customer, as a consumer, exercises their right of withdrawal under paragraph 1, they bear the costs of returning the goods. The goods must be returned in their original packaging and unused/unworn, otherwise no refund can be issued.
(3) The following provisions apply to the right of withdrawal:
Right of Withdrawal
The customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days. In the case of a purchase contract, the withdrawal period begins on the day on which the customer or a third party designated by them, who is not the carrier, has taken possession of the goods. In the case of a service contract or a contract for the delivery of digital content not supplied on a physical medium, the withdrawal period begins at the time of conclusion of the contract. To exercise the right of withdrawal, the customer must notify SOJOURN GmbH, Innsbrucker Straße 83, A-6060 Hall i.T., sojourn@sojourn-xo.com, Tel.: +43 (0)664 822 5132, of their decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or email). The customer may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send the notification regarding their exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If the customer withdraws from this contract, SOJOURN GmbH must reimburse the customer for all payments received from them, including delivery costs (shipping costs from SOJOURN to the customer, excluding additional costs arising from the customer choosing a type of delivery other than the least expensive standard delivery offered by SOJOURN GmbH), without delay and no later than fourteen days from the day on which SOJOURN GmbH received the notification of withdrawal. For this reimbursement, SOJOURN GmbH will use the same payment method that the customer used for the original transaction unless expressly agreed otherwise with the customer. In no case will fees be charged to the customer for this reimbursement. SOJOURN GmbH may withhold reimbursement until SOJOURN GmbH has received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier.
The customer must return the goods, in their original packaging, unworn/unused, to SOJOURN GmbH at Innsbrucker Straße 83, A-6060 Hall in Tirol, without delay and no later than fourteen days from the day on which the customer informed SOJOURN GmbH of the withdrawal from this contract. The deadline is met if the customer sends the goods before the fourteen-day period expires. The customer bears the direct cost of returning the goods. The customer is responsible for any diminished value of the goods if the loss in value is due to handling of the goods that was not necessary to inspect their condition, properties, and functionality.
Exception:
Personalized products that have been customized for the consumer are excluded from exchange.
Exception:
Termination of the Right of Withdrawal for Digital Content:
When purchasing digital content, you expressly agree to access the digital content before the withdrawal period expires and acknowledge that your right of withdrawal will be terminated upon the immediate provision of the digital content. Once SOJOURN GmbH has made the digital content available to you, the right of withdrawal expires when you activate the provided link (in accordance with the guidelines for the interpretation and application of the Consumer Rights Directive 2011/83/EU, Point 5.7., Page 62). We inform you before completing the order with the following statement: "I hereby waive my right of withdrawal of 14 days so that I can access the digital content immediately and in full." You will receive a written confirmation of the conclusion of the contract, your consent to immediate performance, and your acknowledgment of the loss of the right of withdrawal on a durable medium (e.g., paper, email, PDF, etc.).
§ 6 Retention of Title
Ownership of the delivered goods transfers to the customer only upon full payment of the purchase price.
§ 7 Copyright and Usage Rights
(1) The delivered products are subject to industrial property rights and are protected by copyright, among other things. The rights to use and exploit them are solely held by SOJOURN GmbH. SOJOURN GmbH reserves all applicable rights unless explicitly granted to the customer. This applies to all products and the entire internet offering of SOJOURN GmbH, with the exception of press releases published on the websites. Deviating provisions and agreements require the written consent of SOJOURN GmbH.
(2) If digital content is delivered (e.g., via email or download), neither the file nor the link may be shared with third parties. Generally, copies may not be made available to the public.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and (a) may involve transmissions over various networks; and (b) may be altered to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these conditions.
SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We assume no responsibility if the information on this website is not accurate, complete, or current. The material on this website is provided for general information purposes only and should not be the sole basis for decisions made without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to change the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 5 - CHANGES TO THE SERVICE AND PRICES
The prices for our products are subject to change without prior notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without prior notice.
We are not liable to you or any third party for any changes, price changes, suspensions, or discontinuation of the service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to display the actual colors and images of our products as accurately as possible. However, we cannot guarantee that the color display on your computer monitor is accurate. Therefore, we do not guarantee any graphic discrepancies.
We reserve the right to limit the sale of our products or services to any person, region, or jurisdiction, but we are not obligated to do so. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials you have purchased or received will meet your expectations, or that any errors in the service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we believe, in our sole discretion, are placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please refer to our return policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered by you through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third parties.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms of use.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for the examination or evaluation of the content or accuracy, and we do not guarantee, nor assume any liability or responsibility for the materials or websites of third parties or for any other materials, products, or services of third parties.
We shall not be liable for any damages or injuries related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the policies and practices of the third party and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send specific submissions (e.g., contest entries) at our request or without a request from us creative ideas, suggestions, plans, or other materials online, via email, by mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and will not be obligated to (1) treat comments as confidential; (2) pay compensation for comments; or (3) respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, obscene, or otherwise objectionable or that violates any party's intellectual property or these terms of service.
You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal data through the store is governed by our Privacy Policy. To view our Privacy Policy, click https://sojourn-xo.com/policies/privacy-policy.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our website or in the service that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the service or on a related website is inaccurate at any time without prior notice (including after you have placed your order).
We have no obligation to update, amend, or clarify information in the service or on a related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date in the service or on a related website should be taken to indicate that all information in the service or on a related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may affect the functionality or operation of the service or any related website, other websites, or the Internet in any way; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website if you violate any of the prohibited uses.
SECTION 14 - DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove the service for indefinite periods of time or terminate the service at any time without prior notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SOJOURN GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or products obtained through the service, or in any way related to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any losses or damages of any kind incurred as a result of the use of the service or any content (or products) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SOJOURN GmbH and our parent company, subsidiaries, affiliates, partners, officers, directors, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms of service or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 16 - SEVERABILITY
If any provision of these terms of service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these terms of service. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms of service shall remain in effect until terminated by you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If, in our sole discretion, you fail to comply with any provision of these terms of service or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our services (or any part thereof) accordingly.
SECTION 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by us on this website or in connection with the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These terms of service and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of Austria.
SECTION 20 - CHANGES TO THE TERMS OF SERVICE
You can view the most current version of the terms of service at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these terms of service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of changes to these terms of service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions regarding the terms of service should be sent to us at sojourn@sojourn-xo.com.