Date of Last Revision: June 11, 2013.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls
General Terms & Conditions for the 'Feels Like Home' community card (in the following shortly called 'FLH community card') issued by feelslikehome.eu (including all subpages), owned by Divania Strategy Consultants GmbH (in the following shortly called 'Divania').
General Terms & Conditions for the Step by Step Guide (in the following shortly reffered to as SbS Guide) organized, updated and operated by Feels Like Home, which is owned by Divania Strategy Consultants GmbH.
The following terms & conditions describe the contractual relationship between Divania Strategy Consultants GmbH and the customer regarding the use of the service 'Feels Like Home community card' (in the following shortly called 'FLH community card') and the use of the SbS Guide. The services provided by Divania are explicitly based on these Terms & Conditions. Services that deviate from the Terms & Conditions have to be made in written form. Divania has the right to change the Terms & Conditions at any time. The Terms & Conditions have to be agreed on by the customer at any purchase of a new “FLH community card” or use of the SbSGuide.
The services offered by 'Divania' are available for every natural person above the age of 18.
In order to receive the 'Feels Like Home community card' the customer has to first register on the 'Feels Like Home' homepage or in the SbS Guide. The customer is liable for the information given. 'Divania' is only responsible to send the card to the address under the received information. If cards are not received by the customer due to false information 'Divania' is neither required to send the card again at own costs nor to refund the price to the customer. Attempts to copy or fake the 'Feels Like Home community card' will immediately be reported to the officials. 'Divania' has the right to verify the identity of the customer and the information given by the customer at any time. Data given to 'Divania' by the customer will be treated strictly confidential and according to the Austrian Law of Data Protection (Österreichisches Datenschutzgesetz). Customers of the 'FLH community card' and the SbS Guide might be informed about benefits and events by 'Divania' through e-mails and/or sms. Divania' will run anonymous statistics in order to learn more about the wants and needs of the customers and therefore offer a better service.
The goal of 'Feels Like Home' is to offer the in 1.2 mentioned customers special offers and benefits for products & services of partner companies. Current offers are displayed on thepage, in the SbS Guide or can be asked for by e-mail:'Divania' is not liable for mistakes that might be displayed at the page or if partners do not accept / recognize the 'FLH community card' or change their offer on short notice. “Divania” is not liable for any content displayed in the SbS Guide. The 'FLH community card' is only valid if signed by the customer. The 'FLH community card' might not be passed on to other people and the displayed offers are only valid once per card. When the partner company recognizes a clear attempt of passing on cards or faking cards the partner company is entitled to immediately withdraw the card from the customer. In this case 'Divania' is not liable for replacing the card or refunding the money 'FLH community card' offers might not be allowed to be combinable with other offers of the partner company. Purchases made with the 'FLH community card' have to be for personal use. All offers by the 'FLH community card' are not binding! By accepting the General Terms & Conditions and placing the order the client makes an offer to conclude the contract. 'Divania' is not required to accept the offer placed by the customer. If 'Divania' does not accept the offer placed, the customer will be refunded the buying price. The price of the 'FLH community card' is displayed in € and including taxes. The price displayed is not binding. Prices might be subject to change and have to be displayed prior to the purchase. The price for the 'FLH community card' has to be paid during the ordering process in order to complete the purchase. The only accepted form of payment is via credit card (PayPal). The credit card of the customer has to be valid and have sufficient funds available. For the transfer of money the customer has to agree to the General Terms & Conditions of PayPal. The contract will only come into force if all requirements stated in the General Terms & Conditions are fulfilled. By placing the order the customer attests that he/she is the person stated. The acquired 'FLH community card' is only valid for personal use. In order to verify that the customer is the official card holder, the partner companies may ask for prove of identity of the customer at any time. If the identity cannot be verified the partner company may refuse giving the offer stated on feelslikehome.eu (including all subpages). The card has to be shown to the partner in the earliest process – discounts or special offers cannot be granted retrospectively. Holding the 'FLH community card' does not guarantee entry to the partner companies in any way. 'Divania' does not take any liability for the discounts offered by the partner companies or information about the offers / services / location / opening hours or all other given information published on feelslikehome.eu (including all subpages). All offers by the partner companies are non-binding and can be withdrawn at any time. Customers may not ask for refund of the card for the reason of partners withdrawing offers. If a customer wishes to return his “FLH community card” he/she should contact firstname.lastname@example.org.
After completing the order process, 'Divania' will print the 'FLH community card' and send it to the customer within the next 14 days. 'Divania' is not liable for delivery once handed over to the delivery service. The delivery time may vary depending on the customer’s address.
Currently there is no period of validity for the 'FLH community card' The customer might use his/her 'FLH community card' until recalled. If validity dates will be introduced in the future they do not affect previous cards. Changes in validity have to be stated clearly in the ordering process.
If the customer loses his/her 'FLH community card' he should instantly report it to 'Divania' email@example.com. A lost card will not be replaced by 'Divania' and the customer has to buy a new card.
'Divania' has the right to withdraw from the contract with the customer at any time without prior notice and stated reasons. In case the delivery of the card to the customer did not work out, the customer can resign from the contract by the earliest of 8 weeks. The exit of the contract has to be stated in written form and send to 'Divania' via post (Address according to 'Impressum' on the Homepage). In this case the customer will be refunded the 'FLH community card' price. The delivery costs have to be paid by the customer.
'Divania' is not liable for any damages or consequential damages that might be created by a customer of the 'FLH community card'. 'Divania' is not liable for the functionality and content of the homepage 'feelslikehome.eu (including all subpages)' and internal as well as external links and other channels of communication (e.g. facebook). 'Divania' is only liable for damage caused deliberately or due to gross negligence breach of contract. If such gross negligence breach of contract occurs, 'Divania' is liable for a payment of not more than €70.- 'Divania' is liable to deliver the 'FLH community card' to the customer according to the completed order form. However, the customer is responsible for providing the correct data. 'Divania' is not liable for correct delivery if the customer has made a mistake in the order form. By completing the order process, the customer attests that he has honestly provided the required information. The delivery liability of 'Divania' ends with passing over the “FLH community card” envelope to the postal office.
'Divania' is treating the collected data of the customer strictly confidential. The information gathered is used to improve the service for our customer and offer better services / deals according to our customers wants. Contact information (e-mail, Name, tel. number) might be used to update the customer about current offers and special events. 'Divania' is using GoogleAnalytics© for Homepage analysis and statistics. This program uses 'cookies' that are saved on the customer’s computer and allow the gathering of information of the homepage usage of the customer. The information are collected and stored by Google©. The information might be passed on to 3rd parties if required by law or allowed by contracts with Google©. By visiting the “Divania” homepages the customer agrees to these terms. The customer might at any time disable this function by deactivating the function in their browser. However, this action might affect some functions on the homepages.
If individual provisions of the contractual agreements should prove to be ineffective, this does not affect the effectiveness of the remaining provisions. The parties shall without delay replace the ineffective provisions by others which as closely as possible approximate to the intentions of the ineffective provisions.
This Statement of Rights and Responsibilities ('Statement', 'Terms', or 'SRR') derives from the SbS Guide Principles, and is our terms of service that governs our relationship with users and others who interact with SbS Guide. By using or accessing SbS Guide, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how SbS Guide works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use SbS Guide to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
You own all of the content and information you post on SbS Guide. In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with SbS Guide (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). We always appreciate your feedback or other suggestions about SbS Guide, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep SbS Guide safe, but we cannot guarantee it. We need your help to keep SbS Guide safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on SbS Guide.
You will not collect users' content or information, or otherwise access SbS Guide, using automated means (such as harvesting bots, robots, spiders, or scrapers)without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SbS Guide.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on SbS Guide.
You will not use SbS Guide to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of SbS Guide, such as a denial of service attack or interference with page rendering or other SbS Guide functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
SbS Guide users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on SbS Guide, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use SbS Guide if you are under 13.
You will not use SbS Guide if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on SbS Guide that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on SbS Guide if we believe that it violates this Statement or our policies.
We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including SbS Guide, the SbS Guide and SbS Guide Logo), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
You will not post anyone's identification documents or sensitive financial information on SbS Guide.
If you make a payment on SbS Guide, you agree to our Payments Terms.
Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the SbS Guide Page) and an opportunity to comment on changes to this Statement. You can also visit our SbS Guide Page. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the SbS Guide Page. Your continued use of SbS Guide following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SbS Guide to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but everything above mentioned will still apply WE TRY TO KEEP SBS GUIDE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SBS GUIDE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SBS GUIDE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SBS GUIDE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SBS GUIDE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SBS GUIDE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SBS GUIDE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with SbS Guide outside Austria: You consent to having your personal data transferred to and processed in the Austria. If you are located in a country embargoed by the Austria you will not engage in commercial activities on SbS Guide (such as advertising or payments) or operate a Platform application or website. Certain specific terms that apply only for German users are available here.
By 'SbS Guide' we mean the features and services we make available, including through (a) our website at www.stepbystepguide.eu and any other SbS Guide branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software, devices, or networks now existing or later developed.
By 'Platform' we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from SbS Guide or provide data to us.
By 'information' we mean facts and other information about you, including actions taken by users and non-users who interact with SbS Guide.
By 'content' we mean anything you or other users post on SbS Guide that would not be included in the definition of information.
By 'data' or 'user data' or 'user's data' we mean any data, including a user's content or information that you or third parties can retrieve from SbS Guide or provide to SbS Guide through Platform.
By 'post' we mean post on SbS Guide or otherwise make available by using SbS Guide.
By 'use' we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By 'active registered user' we mean a user who has logged into SbS Guide at least once in the previous 30 days.
By 'application' we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing SbS Guide.
Court of jurisdiction
The agreement shall be governed by and construed in accordance with Austrian law. Place of performance is Vienna, Austria. The courts of Vienna, Austria shall have exclusive jurisdiction.
We have done our best to display as accurately as possible the offered products especially the colors of the products shown on www.stepbystepguide.eu. Nevertheless please note that product fotos may differ from the actual items purchased through one of our packages. In particular 'example' pics do not show the item you are buying!
Additionally, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate
The information of www.stepbystepguide.eu may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase you may return it. Please see our Return Policy
In the event an Divania GmbH product is listed at an incorrect price due to typographical error or systems error, Divania GmbH shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Divania GmbH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Divania GmbH shall issue a payment to your credit card account in the amount of the incorrect price
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Divania GmbH without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination
www.stepbystepguide.eu may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class mail to your address on record in Divania GmbH account information
By accessing and using www.stepbystepguide.eu, you agree that your access to and use of the UrbanOutfitters.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed by and construed in accordance with Austrian Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Austria. All contracts are concluded in English
You agree to indemnify, defend, and hold harmless Divania GmbH, its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service Providers') from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account
DIVANIA GmbH SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF DIVANIA GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
Unfortunately we are unable to cancel any orders once the order has been placed. You can refuse the delivery or send the goods back to us for a full refund (within 30 days).
In accordance with the Austrian Regulations you have a '7 day cooling off period' (from the day after the goods are delivered) where you can cancel your contract with us and any monies debited will be refunded in full including delivery charges once the item has been returned to us.
All cancellations made under Austrian Regulations must be done so in writin here (within 7 days from the day after the goods after delivered) quoting your name and order number
We are unable to change the delivery address for orders once the order has been placed. Please note that any changes you make to your account will only effect subsequent orders and not any orders that have already been placed.
Customers are responsible for ensuring their address details are correct before placing an order, Divania GmbH cannot be held liable for any lost orders relating to an incorrect address entered on an order
When your parcel arrives, it may need to be signed for, therefore, it’s best to make sure someone will be in when it’s due to be delivered. If our courier is unable to get an answer, they will leave a card confirming they will either attempt to redeliver, contact you, have left your parcel with a neighbour or in a safe place
At Divania GmbH we want you to be delighted every time you order or use our Guide. Occasionally though, we know you may want to return items. To read more about our Returns Policy pleas read below
Promotional code cannot be used in conjunction with any other offer. Divania GmbH reserves the right to cancel any orders placed with multiple code use.
Promotions are only valid on full price product.
Unfortunately the only payment method we are currently accepting is via paypal. For information on PayPal payments please se. www.paypal.com.
If you are not satisfied with your purchase, you have 30 days from the shipped date to return your order to us for a refund. Items returned must be unworn and in resalable condition. We only can take back full FLH essential packages. Single items are not refundable.
Delivery Charges are non-refundable.
Please Note - In order to process your return or exchange we request that::
Items must be returned unworn and with the original packaging and tags in place.
In order to save you time and ensure your refunds/exchanges are processed quickly and efficiently, please see the returns procedure below.
All orders placed on http://stepbystepguide.eu can be returned via:
POST - You can send the packages back to us.
Please carefully check your items once they have arrived. Should you receive a faulty/damaged item please mail us to: firstname.lastname@example.org stating your Order Number and the nature of the fault.
We will refund the postage cost you incur to return the item (Up to the value of €10)
You have 30 days from the shipped date to return your order.
For faulty items that have been worn/used or returns outside our Returns Policy, please mail us to: email@example.com
Please note that we can only exchange an item for the same item and that you will receive your refund for the original item once the item is received with us, which in total can take up to 28 days. This service is currently only available in Austria.
Alternatively, you may exchange your item at the Feels Like Home office.
Along with the item you wish to exchange, you will need to bring any of the following:
Order Receipt E-Mail - You will have received this at the time of ordering.
Dispatch Email - You will have received this to confirm that your order has been shipped.
To return an online purchase, please follow these instructions::
RETURNS NOTE - Complete this section detailing which package you are returning, quantity, and reason for return.
RETURNS LABEL Attach label to the parcel.
If you do not have your returns label, please send your parcel to:
Divania Strategy Consultants GmbHDivania Strategy Consultants GmbH
Billrothstrasse 14/14A, 1190 Vienna
SECURE/TRACKABLE DELIVERY - We recommend you send your return using a secure or trackable method - i.e. Recorded/Special Delivery - and that you retain your proof of postage.
Until we receive your return to our address, the items and their condition are your responsibility.
What happens next?
EMAIL CONFIRMATION - We will send you an email to confirm your return has been received and refund processed. Please note returns can take up to 28 days to be processed.
REFUND PROCESSED - Your refund will be credited back via the original method of payment. Please allow up to 28 days for your refund to appear on your bank statement. Delivery Charges are non-refundable.
If for any reason we are unable to issue a refund via the original method of payment, a credit for the amount due to be refunded will be applied. For that reason we will send you an e mail for further steps.
Please note: we are only sending mails from firstname.lastname@example.org. Any mail send from another mail address which asks for any details from you must be ignored and immediately forwarded to us, since it might be a phishing or malware attempt!
5. RETURNS TO OFFICE
To return any item(s) purchased online from feelslikehome.eu to our office for a refund, you will need your::
Order Receipt E-Mail or Dispatch Email
Card used for original purchase - We can only refund to the card used for original payment.
6. DAMAGED(By Divania GmbH)
We make every effort to ensure damages do not happen. However if you find your item broken or damaged please contact us through your Step by Step Guide account, mail or Facebook. We will liaise with our delivering company to arrange collection. You will not pay for the faulty/damaged item or return collection charge.
You don’t like your new item(s)
If you don’t like/want your item(s) then you will need to contact us and tell us why. If your reason meets our returning policy, which is stated in our Terms and Conditions section, we will arrange a pick-up of the essential package with you.
You must return your item within 30 days of the dispatch date (stated on your dispatch note).
I missed my delivery
We arrange prior to the delivery an exact delivery address and time with the buyer, if the buyer is not present during the arranged delivery time, which was declared by the buyer, we will contact the buyer to arrange a new delivery date. Please try to avoid this situation by any means and contact us in time to tell us that you cannot make the arranged delivery date.
If un-successful after that we will call you to say they are experiencing difficulties and may suggest returning the good to the Feels Like Home office.
'Divania' © 2013 • English (US)