Terms of service
As of: October 2024
1. Provider and Scope
1.1. These General Terms and Conditions ("GTC") apply to the use of the platform "www.neworn.com" including all associated subdomains and websites as well as the Neworn app, and to all services provided by Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, Austria, e-mail: info@neworn.com, telephone: +43 664 4846256, company register number FN 606261k, Vienna Commercial Court ("Neworn").
1.2. Under "www.neworn.com", Neworn operates both its own online shop ("Shop") for the sale of its own goods and a digital marketplace ("Marketplace") through which users can buy and sell goods among themselves.
1.3. These GTC therefore govern two distinct areas of service:
a) Part A – Neworn Shop for purchases directly from Neworn, and
b) Part B – Neworn Marketplace for use of the marketplace and for contracts between users.
1.4. In addition, the Privacy Policy of Neworn and the Special Conditions for Buyer Protection in their respective current versions shall apply.
1.5. Deviating, conflicting or supplementary terms and conditions of the customer or user shall not become part of the contract unless Neworn expressly agrees to their validity in writing.
2. Amendments to these GTC
2.1. Neworn reserves the right to amend these GTC at any time and without stating reasons. Neworn will inform the user of any amendment upon their next access to the platform and will provide the user with the new version of the GTC. In addition, the user will be notified of the amendment by e-mail at least 14 days in advance. The amendments shall take effect if the user does not object in writing within 14 days of the dispatch of the amendment notice. Neworn will draw the user's attention to the right to object and the consequences of silence in the amendment notification. In the event of an objection, the old GTC shall continue to apply unchanged, unless Neworn terminates the contractual relationship with the user.
PART A – NEWORN SHOP
3. Subject Matter
3.1. Through the Neworn Shop, Neworn offers its own goods for purchase, in particular baby and children's clothing and related products.
3.2. For orders placed through the Neworn Shop, the purchase contract is concluded exclusively between the customer and Neworn GmbH.
3.3. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
4. Conclusion of Contract
4.1. The customer may select products from the range and place a binding order by clicking the button to complete the ordering process.
4.2. The contract is only concluded upon express acceptance by Neworn, in particular by order confirmation, dispatch confirmation or delivery of the goods.
4.3. Neworn is entitled to reject orders if there is a legitimate reason for doing so, in particular in the event of obvious errors, unavailability or suspicion of misuse.
5. Gift Vouchers
5.1. Neworn offers gift vouchers that can be redeemed for the purchase of goods in the Neworn Shop ("Voucher"). A Voucher entitles the holder to purchase goods to the value stated on or communicated with the Voucher.
5.2. Vouchers are redeemable exclusively in the Neworn Shop at www.neworn.com. Redemption on the Neworn Marketplace or with third-party providers is not possible.
5.3. Vouchers are valid for three years from the date of issue. Upon expiry of the validity period, the Voucher lapses without compensation.
5.4. Vouchers may not be combined with other promotional discounts unless expressly stated otherwise. Cash redemption of the Voucher value is excluded.
5.5. Vouchers are non-transferable and may not be resold.
5.6. If the value of the goods exceeds the Voucher amount, the difference must be paid using another payment method. If the Voucher amount exceeds the value of the goods, the remaining balance will not be paid out but will remain as a credit balance on the Voucher.
5.7. The statutory right of withdrawal does not apply to the purchase of Vouchers (§ 312g para. 2 no. 23 BGB / § 18 para. 1 no. 11 FAGG).
6. Prices, Payment and Delivery
6.1. The prices displayed at the time of ordering shall apply.
6.2. The available payment methods will be shown to the customer during the ordering process.
6.3. Delivery conditions, shipping costs and delivery times are set out in the information provided during the ordering process and, where applicable, in separate shipping information.
6.4. Unless expressly agreed otherwise, deliveries will be made to the delivery address provided by the customer.
7. Right of Withdrawal
7.1. Neworn is committed to offering its customers high-quality baby and children's products while protecting the environment. It is alarming that every year billions of euros worth of returned items end up in landfill. We are determined to break this pattern of unnecessary returns. Before completing your purchase, we strongly encourage you to review all relevant information carefully to ensure the item meets your requirements.
7.2. Withdrawal Notice for Goods Purchases in the Neworn Shop
7.2.1. The customer – provided they are a consumer – has the right to withdraw from the purchase contract within fourteen days without giving any reason.
7.2.2. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer takes possession of the goods. To meet the withdrawal deadline, it is sufficient for the customer to send the notice of withdrawal before the withdrawal period expires.
7.2.3. To exercise the right of withdrawal, the customer must inform us (Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, Tel.: +43 664 4846256, e-mail: info@neworn.com) by means of a clear statement (e.g. a letter sent by post or an e-mail) of their decision to withdraw from this contract.
7.2.4. If the customer withdraws from this contract, we shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs arising from the customer's choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of the customer's withdrawal. We will use the same means of payment as the customer used for the original transaction, unless expressly agreed otherwise; in no event will the customer be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until the customer has supplied evidence of having sent back the goods, whichever is the earlier.
7.2.5. The customer must return the goods without undue delay and in any event no later than fourteen days from the day on which the customer notifies us of the withdrawal from this contract, to the following address:
Neworn GmbH / Caroline Schober, Spitalgasse 27/13, 1090 Vienna
The deadline is met if the customer sends back the goods before the period of fourteen days has expired. The customer shall bear the direct cost of returning the goods. The customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We do not accept returns of items that have been used, washed or altered from their original condition.
7.2.6. Unless expressly agreed otherwise between the customer and us, the right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7.3. Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return the electronic form or this form. Alternatively, use the option in your customer account.)
– To: Neworn GmbH, Caroline Schober, Spitalgasse 27/13, 1090 Vienna, Tel.: +43 664 4846256, e-mail: info@neworn.com
– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
– Ordered on ( ) / received on ( )
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
8. Retention of Title
8.1. The delivered goods remain the property of Neworn until payment has been made in full.
9. Warranty for Goods Purchases
9.1. For defects in delivered goods, the statutory warranty provisions shall apply, in Austria pursuant to §§ 922 et seq. ABGB and in Germany pursuant to §§ 434 et seq. BGB, to the extent these have not been restricted within the legally permissible framework.
9.2. The warranty period for consumers is two years from delivery of the goods.
9.3. For used goods, the warranty period may be reduced to one year, provided this has been expressly agreed with the consumer.
10. Liability
10.1. Neworn shall be liable for damages in accordance with the statutory provisions. However, liability for slightly negligent damage is excluded. Liability for indirect damages, consequential damages, unrealised savings, loss of profit and damages arising from third-party claims is also excluded.
10.2. The limitation of liability pursuant to 10.1 does not apply to damages resulting from injury to life, body or health, or to claims under the Product Liability Act.
PART B – NEWORN MARKETPLACE
11. Subject Matter of the Marketplace
11.1. Neworn operates a digital marketplace on which users can create listings, offer goods, search, buy and sell.
11.2. In this regard, Neworn provides exclusively the technical infrastructure.
11.3. Purchase contracts for goods offered on the Marketplace are concluded exclusively between the users involved. Neworn does not itself become a party to these purchase contracts.
11.4. Neworn is neither a representative, broker, intermediary nor commission agent of the users, unless expressly stated otherwise.
12. Registration and User Account
12.1. Use of the platform is only possible after prior registration. Registration is reserved exclusively for users who are of legal age and have full legal capacity. Upon registration, Neworn creates an individual user account for the user, which the user can update on an ongoing basis ("Account").
12.2. The user is obliged to keep the login credentials chosen during registration (e-mail address and password) confidential and to protect them from unauthorised access by third parties. The user must report any suspicion of unauthorised access by third parties to Neworn in writing (e-mail is sufficient). Neworn shall not be liable for damages arising from misuse, loss or disclosure of login credentials by the user or a third party attributable to the user.
12.3. All information provided during registration and during subsequent use of the Account must be truthful. If the user's details change, these must be corrected in the user's Account without delay.
12.4. Neworn cannot verify the accuracy and completeness of the information provided by users during registration and use of the Account and is not responsible for this. Neworn also cannot verify whether the user holds any necessary (commercial) licences for their activities and is not responsible for this either. The user is also personally responsible for compliance with tax regulations.
12.5. By registering your account, you agree to our framework agreement and the Stripe Connected Account Agreement. Neworn uses Stripe to make payouts to sellers. The Stripe Recipient Agreement applies to your acceptance of such payouts. To receive payouts from Neworn, you must provide Neworn with valid and complete information about yourself and your business. You also authorise Neworn to share this information and transaction information related to your payouts with Stripe.
13. User Status and Statutory Cooperation Obligations
13.1. Users are obliged to truthfully indicate whether they are acting as private or commercial sellers on the Marketplace.
13.2. Where users act as commercial sellers or where statutory reporting obligations exist, all information required for this purpose must be provided completely, accurately and in an up-to-date manner.
13.3. This applies in particular to tax-relevant information that Neworn must collect, store, process and, where applicable, transmit to the competent authorities in order to fulfil its legal obligations, in particular under DAC7 and the respective national implementing provisions.
13.4. Any changes to such information must be communicated without delay.
14. Listings and User Content
14.1. Users may upload listings, texts, images, product descriptions and other content to the Marketplace.
14.2. The user is solely responsible for ensuring that the content they post is accurate, complete, lawful and free from third-party rights.
14.3. It is in particular prohibited to a) make false, misleading or deceptive statements, b) post unlawful content, c) infringe third-party rights, in particular copyright, trademark, personal or data protection rights, d) publish offensive, discriminatory or inappropriate content.
14.4. Neworn is not obliged to review, monitor or edit user content in advance.
14.5. However, Neworn is entitled to block or delete content in whole or in part at any time if there are concrete indications of a violation of statutory provisions, third-party rights or these GTC.
15. Conclusion of Contract between Users
15.1. Listings and content published on the Marketplace do not constitute offers by Neworn.
15.2. Contracts for purchase, shipping or other services are concluded exclusively between the users involved.
15.3. Users are themselves responsible for the accuracy of their information, their entitlement to sell the goods offered, the execution of the contract and compliance with the applicable statutory provisions.
15.4. Claims arising from these contracts must be asserted directly against the respective contractual partner.
16. Right of Withdrawal and Buyer Protection on the Marketplace
16.1. In addition, the "Special Conditions for Buyer Protection" in their respective current version shall apply. These govern in particular the procedure, services and requirements of buyer protection for purchases with shipping via the Neworn platform. In the event of conflicting provisions, the Special Conditions for Buyer Protection shall take precedence over these GTC insofar as buyer protection is concerned.
16.2. For purchases via the Marketplace, the applicable consumer protection provisions under German or Austrian law shall apply depending on the buyer's place of residence. Neworn acts exclusively as an intermediary between buyer and seller and does not itself become a party to the purchase contracts concluded via the platform.
16.3. To the extent that contracts between consumers and traders exist and no statutory right of withdrawal applies (e.g. for used, customised or hygiene-sensitive products), the right of withdrawal pursuant to §§ 355 et seq. BGB or §§ 3 et seq. FAGG shall not apply.
16.4. Irrespective of this, statutory warranty rights exist: in Germany pursuant to §§ 433 et seq. and § 437 BGB, in Austria pursuant to §§ 922 et seq. ABGB, in particular § 932 ABGB, provided the seller has not expressly excluded the warranty.
16.5. For contracts between private individuals, neither a statutory right of withdrawal nor mandatory warranty rights exist, provided the latter have been excluded within the legally permissible framework.
17. Paid Listings and Highlights
17.1. Neworn may offer users the option of highlighting listings for a fee, for example through preferential placement, visual emphasis or special labelling.
17.2. The exact scope of services is set out in the offer displayed at the time of booking.
17.3. There is no entitlement to a specific reach, number of sales, clicks, impressions or a specific placement, unless expressly agreed otherwise in writing.
17.4. The contract for a paid listing is only concluded upon express acceptance by Neworn or upon activation of the listing.
17.5. If the user is a consumer, they have a statutory right of withdrawal of fourteen days from the conclusion of the contract. To exercise the right of withdrawal, Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, info@neworn.com must be informed by means of a clear statement. If the user has requested that Neworn begin performance during the withdrawal period, a proportionate amount for services already rendered shall be payable in the event of withdrawal. The right of withdrawal expires prematurely once Neworn has fully performed the service and the user has previously expressly agreed that they will lose their right of withdrawal upon full performance of the contract.
18. Loyalty Points and Partner Offers
18.1. Neworn may grant users loyalty points, discounts or other bonus benefits in connection with certain activities on the Marketplace.
18.2. These benefits may be redeemed with partner companies in accordance with the applicable programme.
18.3. Contracts for goods or services from partner companies are concluded exclusively between the user and the respective partner company. Neworn is not liable for their services.
18.4. Unless expressly stated otherwise, loyalty points cannot be redeemed for cash, are non-transferable and cannot be assigned.
19. Restrictions on Use
19.1. Neworn places great importance on the platform being used safely and in compliance with applicable legal provisions. Users are therefore prohibited, in particular but not exclusively, from using the platform to:
a) make false statements or provide information knowingly against better judgement;
b) promote or support illegal activities or unlawful acts;
c) infringe the rights of others (including personal rights, data protection rights and intellectual property rights) or upload content that could give rise to civil or criminal consequences under applicable law or that otherwise conflicts with these GTC;
d) decompile, disassemble, reverse engineer, copy, transfer or otherwise exploit our platform and content, unless permitted by copyright law;
e) automatically crawl, scrape, cache or otherwise evaluate content on the platform;
f) distribute unauthorised advertising, junk messages, spam, chain letters or pyramid schemes;
g) use the platform in any way that (i) is likely to disrupt, interrupt, slow down or impede the functionality of the platform, (ii) could result in a disruption of the platform or the IT infrastructure, (iii) impairs system resources, (iv) places a disproportionate burden on the platform infrastructure, or (v) constitutes an attack on the security and authentication measures of the platform;
h) use the platform for purposes other than those for which it was developed and made available to the user.
19.2. The user shall indemnify Neworn against any and all claims, damages, liabilities, costs, losses and expenses arising from (i) culpable breach of these GTC, (ii) culpable infringement of third-party rights by the user and/or (iii) culpable damage caused by user content.
19.3. Neworn reserves the right to block or delete accounts at its own discretion, warn other users or issue a warning to the respective user, in particular if it can be assumed that a) the user or the account to be blocked may damage the reputation of Neworn or the ongoing operation of the platform; b) the user has provided false, misleading or unlawful information or user content; c) the user damages or disrupts Neworn or other users; d) the user no longer uses the platform due to prolonged inactivity; e) the user violates these GTC or applicable statutory provisions.
20. Copyright and Industrial Property Rights
20.1. By providing information and user content, the user grants Neworn a non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual and revocable right to use, store, reproduce, publish and distribute the content provided by the user to the extent necessary for the intended purpose, in particular to display and present such content on the platform.
20.2. In the event that the user deletes their account, information or user content, Neworn will delete this from the platform within a reasonable period. However, due to the viral spread of online content, any distribution to third parties that may have occurred prior to deletion by Neworn from the platform shall remain unaffected.
20.3. With the exception of content provided by users, all distinctive elements of the platform, e.g. texts, images, illustrations as well as the design and structure of the platform and the contents of the database, are protected by copyright and industrial property rights. These elements may not be reproduced, processed, transmitted, made available, presented, performed, modified, translated or otherwise used unlawfully by the user without the consent of Neworn.
21. Warranty and Availability of the Marketplace
21.1. Neworn provides the platform "as is", with the current functionalities and with due care. However, it is not possible to entirely avoid errors or interruptions in availability. Neworn cannot – even taking into account the risks of the internet – guarantee the accuracy, reliability, quality, suitability, security, completeness or timeliness of the platform and its content. Nevertheless, Neworn will endeavour to appropriately remedy any material errors that are identified or reported.
21.2. Neworn is not obliged to provide any specific IT infrastructure and therefore does not guarantee uninterrupted availability of the platform. Temporary connection interruptions may occur.
21.3. Neworn reserves the right to carry out maintenance work on the platform at its own discretion as required. This may result in interruptions to availability. Where possible, Neworn will notify users of such maintenance windows in advance.
21.4. Given that the service is provided free of charge, the statutory warranty provisions do not apply to use of the platform.
21.5. Where the user books paid listings or other highlighting services, Neworn's warranty is limited to a) presentation of the listing on the platform in accordance with the usual technical standard, and b) the generally customary availability of the platform during the agreed term. Neworn provides no warranty for purely visual or minor display errors that do not materially affect the meaning or findability of the listing. Users are required to report any disruptions or errors without delay upon becoming aware of them.
22. Liability on the Marketplace
22.1. Neworn shall be liable for damages in accordance with the statutory provisions. However, liability for slightly negligent damage is excluded. Liability for indirect damages, consequential damages, unrealised savings, loss of profit and damages arising from third-party claims is also excluded.
22.2. The limitation of liability pursuant to 22.1 does not apply to damages resulting from injury to life, body or health, or to claims under the Product Liability Act.
22.3. Use of user content is entirely at the user's own risk. It is the user's own responsibility to review the user content of other users and to ensure that it meets their expectations.
22.4. Neworn shall not be liable for the compatibility of the platform with the hardware and software used by the user, for interruptions to the internet connection, data loss outside Neworn's sphere of influence, or for damages caused by improper use or the use of outdated or unsuitable systems by the user.
22.5. Neworn accepts no liability for viruses, malware or other security-related impairments caused by third parties or general use of the internet, provided Neworn has applied the care required in the course of business when securing its own systems.
22.6. Links to third-party websites are selected with the greatest care; however, Neworn is not liable for the content, availability or security of such external sites.
23. Indemnification
23.1. The user undertakes to indemnify Neworn against all third-party claims based on a culpable breach of these GTC, unlawful user content or any other unlawful use of the platform by the user.
23.2. The indemnification also covers reasonable costs of legal defence, to the extent permitted by law.
24. Term, Termination and Suspension
24.1. These GTC apply for the duration of the registration. The free services may therefore generally be used for an indefinite period.
24.2. Users may terminate the contract at any time with ordinary notice.
24.3. Neworn is entitled to terminate the user agreement, or solely the loyalty points programme, with the respective user at the end of the current month.
24.4. Immediate termination of the user agreement for good cause remains unaffected.
25. Final Provisions
25.1. These GTC are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods, with the proviso that mandatory provisions of the law of the state in which the consumer has their habitual residence shall not be displaced.
25.2. For commercial transactions and for consumer transactions where the consumer neither has their domicile or habitual residence in Austria nor is employed there at the time of bringing an action, the exclusive place of jurisdiction for all disputes arising from these GTC shall be the court having local and subject-matter jurisdiction for 1010 Vienna. Where the customer is a business, the exclusive choice of jurisdiction shall apply in any case.
25.3. Online Dispute Resolution (ODR) pursuant to Art. 14 Regulation (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 – We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
25.4. Consumer Information pursuant to § 312d BGB in conjunction with Art. 246a EGBGB (only relevant for consumers resident in Germany)
25.5. Contract language: The language available for concluding the contract is German.
25.6. Technical steps for concluding the contract: The contract is concluded by agreement between two users on the platform following individual communication and confirmation. Neworn is not a contracting party.
25.7. Storage of the contract text: A separate contract text is not stored by Neworn. However, you can view the essential communication history via your account overview.
25.8. Corrections: Before submitting a listing or an order, all details can be changed and corrected at any time via the input fields.
25.9. Essential characteristics of the goods or services: These are set out in the respective item description provided by users on the platform.
25.10. Prices & payment methods: Product prices are set by the users. Payments are processed via Stripe.
25.11. Delivery and performance time: Goods are shipped directly between users. Neworn is not involved.
25.12. Right of withdrawal: The right of withdrawal described in Section 7 of these GTC applies if you purchase directly from Neworn.
