By using the website THN, or a publication produced by The Hungry Nest you agree to the following terms and conditions of usage. If you do not agree to these terms, please do not use the website or any publications produced by The Hungry Nest.

1. Scope ofApplication
2. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the sale and delivery of goodsand services by The Hungry Nest (hereinafter referred to as “THN”) to its customers.
   2. The GTC may be amended by THN at any time and shall always apply in the version current at the time of the customer’s order.
3. Deviating terms and conditions are generally not accepted by THN and are therefore not valid, unless THN has agreed to them in writing or by e-mail before accepting the order.
   4.By placing an order, the customer expressly agrees to these terms and conditions.

2. Conclusion of contract
3. contracting party is THN, with its registered office in Vienna and the business address GlassWing e.U,Anton-Kuh-Weg 5/73, 1030, Vienna.

UID-Nu:

Email: hello@thehungrynest.com

– Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products to you.

– The presentation of the products in the online store is not a binding offer to sell. Before the order is placed, the data relevant to the order is summarized in an “order summary”. The customer is free to check his information in the order overview again and correct it if necessary. Only by placing an order, the customer makes a binding offer by clicking the button “send order” or “complete order” after completely filling out the online order form.

– The confirmation of receipt of your order is in addition to the acceptance of the order immediately after sending an automated e-mail. With this e-mail confirmation, the purchase contract is completed.

– Upon receipt of the order, THN sends a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as “order confirmation”). The order confirmation does not constitute an acceptance of the customer’s purchase offer by THN. The acceptance of the offer by THN is explicitly stated in a separate e-mail. THN is entitled to reject an order even without giving reasons. If THN rejects the conclusion of the contract, the customer will be informed immediately by e-mail.

– The text of the contract (or the order) will be stored at THN and this will be sent to you including the GTC by e-mail.

3. Prices and shipping costs
4. the offered prices of the goods are valid at the time of the order and are gross prices in Euro. They include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any shipping costs.
5. the prices are based on the costs at the time of the first price quotation. Should the costs change by the time the buyer places an order, THN is entitled to adjust the prices accordingly. The respective binding prices will be communicated on the websitewww.thehungrynest.com.
6. the sales prices do not include costs for delivery and shipment. All costs arising from shipping shall be borne by the Buyer. With an order, the customer expressly agrees to the shipping conditions.
7. unless special agreements have been made, the type of shipping is left to the contractor. The goods will be shipped regardless of the order value insured.
8. all offers are subject to change and non-binding. The prices according to the homepage apply incl. the statutory value added tax plus shipping costs.

4. Payment and deposits, retention of title
5. THN accepts the following methods of payment:credit card (Visa, Mastercard, American Express).
6. in case of default of payment by the customer, THN is entitled to charge default interest at the statutory rate. In case of default of payment by the customer, THN is also entitled to claim compound interest from the day of delivery of the goods.
7. THN reserves the right of ownership of all goods until full payment of the purchase price including additional charges and any default interest.

4.The assertion of the retention of title shall only constitute a withdrawal from the contract if such withdrawal is expressly declared. In case of taking back goods, THN is entitled to charge accrued transport and manipulation expenses. In case of access of third parties to the goods subject to retention of title – in particular by seizure – the customer undertakes to point out THN’s ownership and to inform THN immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading with the goods purchased from THN, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

5. Orders, delivery period and obstacles to delivery
6. the acceptance of orders is always subject to deliverability. The delivery period for the respective order is specified in the respective order confirmation and, unless otherwise specified.For deliveries abroad, the delivery period may be extended accordingly. Specified delivery times apply from receipt of payment.

If THN cannot deliver and cannot offer the Buyer a new delivery date, THN is entitled to withdraw from the contract in whole or in part without being liable for damages. Likewise, in such cases, the Buyer may withdraw from the contract.

3. in any case TH does not accept orders and does not deliver to countries where special regulatory provisions or other legal provisions exist that prohibit the delivery of the goods to this country or make it subject to special official permits.
4. in case of delivery of our products outside the EU, additional customs duties, taxes and fees will be charged.
5. in case of default of acceptance or other important reasons, such as in particular insolvency of the customer or rejection of the opening of insolvency proceedings due to lack of assets or a violation of legal provisions, as well as in case of default of payment of the customer, THN is entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In case of withdrawal, THN is entitled to claim a lump-sum compensation of 15% of the gross invoice amount, without prejudice to the assertion of the actual damage incurred.

In case of default of payment by the customer, THN is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer – without being entitled to do so – withdraws from the contract or requests its cancellation, THN has the choice to insist on the performance of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged to pay, at THN’s option, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred.

6. Transfer of risk

– in case of self-collection of the goods by the buyer, use and risk are transferred to the buyer at the latest with the handover after payment.

 – In case of delivery, the mode and route of transport shall be determined. In the case of delivery, use and risk shall not pass to the buyer until the goods are handed over by the carrier to the buyer.

7. Right of withdrawal of the consumer

If the customer is a consumer in the sense of the Austrian Consumer Protection Act, he can withdraw from the contract within 14 days from receipt of the goods without giving reasons. A detailed cancellation policy is available on the Company’s website at https://thehungrynest.com/pages/return-and-refund-policy. A form for submitting the declaration of withdrawal can also be found there.

8. Defects and warranty
9. the warranty provisions of the General Civil Code shall apply in principle to all deliveries and services of the company in accordance with the following provisions.
10. promises, such as those concerning the usability or special characteristics of the goods, or statements made by THN’s employees, are not binding and do not constitute an express warranty of certain characteristics.
11. the buyer has to check the delivered goods carefully. Warranty claims require that defects are reported to THN immediately, i.e. visible defects immediately upon acceptance, hidden defects after discovery and upon presentation of the opened goods and original invoice. If, for special reasons, an immediate inspection of the goods is not possible upon acceptance, this must be noted in writing, otherwise any claims are excluded. Existing defects must be reported to THN within 3 days after the possibility of inspection. All information is subject to change (dimensions, color, technical data, product changes).
12. a warranty claim is in any case limited to the purchase price of the delivered and defective goods.
13. THN shall fulfill its warranty obligations at its discretion, either by delivery of defect-free goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
14. for transactions with consumers in the sense of the Austrian consumer protection act, instead of points 10.2. to 10.5. the customer may, in the event of a defect, at his option and in compliance with the legal provisions, demand improvement, replacement of the item, reasonable price reduction or cancellation of the contract.
15. 7.The customer shall carefully inspect the delivered goods immediately upon delivery and shall immediately notify us in writing of any detectable defects, otherwise excluding any claims under any title whatsoever. If, for special reasons, an immediate inspection of the goods for defects is not possible upon acceptance, this must be noted on the delivery bill or consignment note or otherwise in writing, otherwise any claims are excluded. In this case, existing defects are to be notified to the contractor in writing within 3 days of the occurrence of the inspection possibility, otherwise excluding any claims. All information on dimensions, colors, technical data, etc. are subject to change. We also reserve the right to make product changes that serve to improve the product.

Otherwise, the statutory provisions of the GTC’s shall apply to liability, notices of defects and warranty.

9 Exclusion of responsibility for links according to § 17 ECG.

Insofar as THN provides access to external information by means of an electronic link, it is not responsible for this information. As soon as THN becomes aware of an illegal activity or information, THN must immediately remove this reference.

10 Force majeure

If the Contractor is prevented or significantly impeded from fulfilling its contractual obligations for reasons beyond its control, such as non-performance by a supplier, strike or lockout, it may cancel the contract in whole or in part. In these, as in all other cases, the client waives any legal claim arising from delay or non-performance of the delivery.

11 Data Protection

THN complies with the data protection regulations (DSGVO, DSAG, TKG) in the valid version. Personal data will only be collected, used and passed on if this is permitted by law or the customer consents to the data collection (special consent). Detailed information on the processing of personal data, the processing procedures and the rights of data subjects can be found in THN’s data protection provisions. These are available at https://thehungrynest.com/pages/privacy-policy.

12 Electronic processing of customer data

The buyer agrees that the personal data stated in the purchase contract and disclosed during registration or ordering about him are stored and processed in compliance with the provisions of the Data Protection Act. This data will be used, to the extent necessary, for the fulfillment of legal requirements, for the processing of payment transactions, for customer care and for marketing purposes. Furthermore, the customer agrees to receive mailings from THN by electronic mail (e.g. by email) for advertising purposes. This consent can be revoked at any time by sending an email to hello@thehungrynest.com.

13 Copyright

THN has copyrights to all pictures, films and texts published on the www.thehungrynest.com website. Use of the images, films and texts is not permitted without the express consent of THN.

14. General provisions

If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract or the entire General Terms and Conditions. The remaining content of the contract or the remaining General Terms and Conditions shall remain unchanged.

2. the place of performance for THN as well as for the Buyer is the registered office of THN.
3. 3.All disputes arising from or in connection with the contract shall be governed by Austrian law, excluding the international conflict of laws rules and excluding the UN Convention on Contracts for the International Sale of Goods.
4. the competent court at the registered office of the company (Vienna) shall have exclusive jurisdiction to decide on all disputes arising in connection with the contractual relationship. Mandatory places of jurisdiction for consumers shall remain unaffected.

RETURN & REFUND POLICIES

Any item can be refunded or exchanged within 30 days, more information you can find here https://thehungrynest.com/refund_returns/

Cancellation policy

1. right of withdrawal / cancellation according to § 11 Abs 1 FAGG
2. you have the right to cancel this contract within 14 days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. 3.

3. in order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form (Enclosure 1), which, however, is not mandatory.
4. to comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
5. we will only replace items if they are defective or damaged or if they do not fit in terms of size. If you want to exchange it for the same item, please email us at hello@theyhungrynest.com and send your item to:Anton-Kuh-Weg 5/73, 1030 Wien
6. Consequences of the revocation
7. if you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment.
8. we can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
9. you must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you return or hand over the goods before the expiry of the period of fourteen days from the day on which you notify us of the revocation of this contract.

You shall bear the direct costs of returning the goods.