For reasons of better readability, the simultaneous use of male, female and diverse (m/f/d) language forms is avoided. All personal designations apply equally to all genders.

Subject of the contract

1. Scope / Definitions

1.1. These special terms and conditions ("STC") regulate the buyer protection offered by Neworn GmbH, Neworn GmbH, Spitalgasse 27/13, 1090 Vienna ("NEWORN") on the platform "www.neworn.com" including all associated subdomains and websites, as well as the Neworn "APP" (the "Platform"). The buyer protection includes (i) secure payment processing via Stripe Payments Europe Limited ("Stripe"), (ii) the creation of the shipping label and (iii) the conclusion of transport insurance (together the "Buyer Protection").

1.2. In addition to the STC, Neworn's General Terms and Conditions ("GTC", available at: https://www.neworn.com/de/nutzungsbedingungen) apply. In case of conflict, the STC take precedence over the GTC.

1.3. The STC apply to all legal transactions and other relationships between Neworn and the users of the Platform, provided that Buyer Protection is used. Buyer Protection can only be used under the STC; deviating, conflicting or supplementary terms and conditions (with the exception of the GTC) do not become part of the contract.

1.4. For the STC, in addition to the definitions in the continuous text, the following further definitions apply:

1.4.1. "User" is any natural or legal person who uses the Platform.

1.4.2. "Seller" is any User who offers goods via the Platform.

1.4.3. "Buyer" is any User who purchases goods via the Platform.

1.4.4. "Shipping Purchase" is a purchase for which the Buyer chooses shipping; the Shipping Purchase is always processed with Buyer Protection.

1.4.5. "Transaction" is the process of a shipping purchase supported by Buyer Protection from receipt of payment to disbursement or refund.

1.5. By clicking the corresponding checkboxes/options as well as by choosing the shipping purchase and using Buyer Protection, the User accepts these STC.

2. Buyer Protection: Process and Services

2.1. Choice of shipping method

2.1.1. The Seller can freely decide whether to offer pickup or shipping. If the Buyer chooses shipping, the purchase will be made as a shipping purchase with Buyer Protection in accordance with the STC.

2.2. Payment of the purchase price

2.2.1. The Buyer pays the purchase price (plus any shipping costs and the Buyer Protection amount) via Stripe. The purchase price will be held in trust until the Transaction is completed.

2.2.2. The Stripe terms and conditions (in particular the Stripe Services Agreement and the Stripe Connected Account Agreement and the Consumer Terms, each available at: https://stripe.com/at/legal) also apply to payment processing. Neworn is not a payment service provider itself.

2.3. Shipping of the goods

2.3.1. After successful payment of the purchase price via Stripe, a shipping label will be automatically provided to the Seller via the Platform.

2.3.2. The Seller undertakes to ship the goods properly and securely for transport within 48 hours after the shipping label has been provided.

2.3.3. If no shipment takes place within this period, the Buyer is entitled to withdraw from the purchase via the Platform; in this case, the purchase price (including any shipping costs paid) will be refunded, and the Buyer Protection amount will also be refunded.

2.4. Confirmation, withdrawal, complaint

2.4.1. Proper and satisfactory delivery

2.4.1.1. If the Buyer confirms proper receipt of the goods via the Platform, the purchase price will be paid to the Seller within 7–10 days.

2.4.1.2. Buyer's silence: If the Buyer does not issue a confirmation, open a complaint, or declare a withdrawal within 2 days after verifiable delivery (track-and-trace), the delivery is considered satisfactory and payment will be made as described in point 2.4.1.1.

2.4.1.3. The Transaction is completed with the payment to the Seller or the refund to the Buyer (as the case may be).

2.4.2. Proper, but not satisfactory delivery (voluntary withdrawal)

2.4.2.1. If the goods received correspond to the item description, but the Buyer still wishes to withdraw, they can declare this via the Platform within 2 days of receipt of the goods.

2.4.2.2. The Buyer receives a return label via the Platform and bears the costs of the return shipment; these will be deducted from the refund amount.

2.4.2.3. After receipt of the return by the Seller and corresponding confirmation by the Seller, the purchase price minus return costs will be refunded within 7-10 days. The buyer protection amount will not be refunded in this case.

2.4.2.4. Seller's non-reaction: If the Seller does not confirm receipt of the return within 5 working days after verifiable delivery, Neworn can release the refund based on suitable evidence (e.g., tracking).

2.4.3. Defective delivery (complaint)

2.4.3.1. If the goods received are defective, the Buyer – without prejudice to their statutory warranty rights – can submit a reasoned complaint via the Platform within 2 days of receipt and provide evidence (description, photos/videos, additional documents if applicable).

2.4.3.2. If the Seller acknowledges the complaint via the Platform, the Buyer receives a return label; in this case, the Seller bears the costs for buyer protection and return shipment and receives an invoice for this. After confirmation of receipt of the return shipment by the Seller, the full purchase price will be refunded within 7-10 days.

2.4.3.3. If the Seller disputes the defect, Neworn will examine the complaint based on the submitted documents and, if necessary, additional evidence. If the complaint is justified, point 2.4.3.2 applies; if the complaint is not justified, the provisions on voluntary withdrawal according to point 2.4.2 apply.

2.4.3.4. Non-reaction: If one of the involved parties does not react within 3 working days despite being requested to do so, Neworn may make a decision for buyer protection purposes based on the available documentation.

2.5. Role of Neworn

2.5.1. Neworn provides the technical processes for Buyer Protection via the Platform; payment processing is carried out via Stripe.

2.5.2. Neworn is not a party to the sales contract between Buyer and Seller.

2.5.3. In case of disagreement about the defectiveness, Neworn can make a factual decision for buyer protection purposes (payout/refund). If a user does not accept this decision, they can assert their (alleged) rights outside of buyer protection in civil law against the other party. Neworn is not liable for such decisions, except in cases of intent or gross negligence as well as in cases of mandatory statutory claims and for personal injuries incurred.

3. Right of withdrawal

3.1. The Buyer - if they are a consumer - has the right to withdraw from the contract for Buyer Protection within fourteen days without giving reasons.

3.2. The withdrawal period is fourteen days from the day the contract is concluded (conclusion of the buyer protection contract when choosing a shipping purchase). To comply with the withdrawal period, it is sufficient for the Buyer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

3.3. To effectively exercise the right of withdrawal, the Buyer must inform Neworn (Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, info@neworn.com) by means of a clear declaration (e.g., a letter sent by post or e-mail) of their decision to withdraw from the corresponding contract for Buyer Protection. The Buyer can use the attached sample withdrawal form for this purpose, but it is not mandatory.

3.4. If the Buyer effectively withdraws from the Buyer Protection contract, Neworn will refund the fee paid by the Buyer within 14 days of receipt of the withdrawal declaration. The refund will be made using the same payment method that the Buyer used, unless expressly agreed otherwise; the Buyer will not be charged any fees for the refund.

3.5. If the Buyer has requested that Neworn begin providing the services during the withdrawal period, the Buyer shall, in the event of an effective withdrawal, pay a reasonable amount corresponding to the proportion of the services already provided up to the time of withdrawal compared to the total scope of the services contractually provided (proportional to time and value).

3.6. The right of withdrawal expires prematurely if Neworn has fully rendered the owed service and has only started with the execution after the Buyer has given their explicit consent to this and has simultaneously confirmed their knowledge that they lose their right of withdrawal upon complete fulfillment of the contract by Neworn.

3.7. Neworn's service is deemed to have been fully rendered in the sense of point 3.6 when the transaction is completed (payment to the Seller or refund to the Buyer) and the Buyer Protection services (payment processing, shipping label, transport insurance) have been provided.

3.8. Sample withdrawal form

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

– To: Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, info@neworn.com

– I/We () hereby revoke the contract concluded by me/us () for the purchase protection / the provision of the following service (*)

– Ordered on ()/received on ()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for notification on paper)

– Date

(*) Delete as appropriate.

4. Final provision

4.1. The STC are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods, with the restriction that mandatory provisions of the law of the state in which the consumer has their habitual residence are not displaced.

4.2. In business transactions as well as in consumer transactions where the user has neither their domicile nor habitual residence in Austria at the time the lawsuit is filed, nor is employed domestically, the exclusive place of jurisdiction for all disputes is the court locally and factually competent for 1090 Vienna. If the respective users are entrepreneurs, the exclusive choice of jurisdiction applies in any case.

4.3. Online Dispute Resolution (ODR) according to Art. 14 VO (EU) 524/2013

– The European Commission provides a platform for online dispute resolution (ODR), which you can access at the following link: https://consumer-redress.ec.europa.eu/index_de.

– Neworn is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

5. Contact

Neworn GmbH

FN 606261k Commercial Court Vienna

Spitalgasse 27/13, 1090 Vienna

E-Mail: info@neworn.com