AGB

OVERVIEW
Welcome to eragoya! The terms "we", "us" and "our" refer to eragoya, a business operated by Viktor Oskar Gehringer, Mühlweg 29, 2102 Hagenbrunn, Austria. eragoya operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). eragoya is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights, including how personalised items are produced and why they cannot be returned once approved.
These Terms are governed by Austrian law. Nothing in these Terms limits the rights you have as a consumer under mandatory Austrian or EU law. Where any provision of these Terms conflicts with a mandatory consumer right, that right prevails.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you have the legal capacity to enter into a binding contract under Austrian law. If you are under 18, you may use the Services only with the consent of a parent or legal guardian, and you confirm that you have that consent. If you allow a minor in your care to use the Services on a device you own or manage, you are responsible for their use.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for keeping your account credentials confidential. Please tell us at hello@eragoya.com as soon as you become aware of any unauthorised use of your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS AND PERSONALISATION
Every item we sell is printed individually to your specification. To create your item you upload one photograph containing one clearly visible face, and you enter a name of up to 15 characters. Our image service detects the face, separates the head and hair from the background, and combines the result with our fixed artwork and your name to produce the exact print file used for production. Before your item can be added to your basket you are shown a preview derived from that same print file, and you must approve it. Your approval is recorded together with the identity of the exact file it relates to. What we print is the file you approved.
By uploading a photograph you confirm that you hold all necessary rights to it, and that any person shown in it has consented to its use for this purpose. Do not upload photographs of other people without their agreement, photographs you did not take or licence, or content that is unlawful, offensive, or infringes anyone's rights. We may refuse or cancel an order if a photograph appears not to meet these requirements, and we will refund you in full if we do.
We have made every effort to provide an accurate representation of our products in our online stores. Please note that colours and product appearance may differ from how they appear on your screen, because of the device you use, its settings, and the nature of direct-to-garment printing on textile. Small variations in colour, ink density and print position between individual items are inherent to this process and are not defects. This does not affect your statutory warranty rights where an item is genuinely faulty; see our Refund Policy [LINK].
All descriptions of products are subject to change at any time at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Changes of this kind do not affect orders we have already accepted.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. eragoya reserves the right to accept or decline your order. Your order is not accepted until eragoya confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made, and we will refund any payment already taken in full.
No right of withdrawal for personalised items. Under Article 16(c) of Directive 2011/83/EU and §18(1)(3) of the Austrian Fern- und Auswärtsgeschäfte-Gesetz (FAGG), the 14-day right of withdrawal does not apply to goods that are made to the consumer's specifications or are clearly personalised. Every item we sell is made to your specification and is clearly personalised with the photograph and name you supply. Once you have approved your design and placed your order, you therefore have no right to withdraw from the contract, and the order cannot be cancelled or returned because you changed your mind, chose the wrong size, or no longer want the item. Please review your design, size and colour carefully before ordering. Your two-year statutory warranty for defective goods is unaffected, and is described in our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING
All prices shown in our store are final prices in euro. No value added tax is charged or shown, because the seller is a small business within the meaning of §6 Abs. 1 Z 27 of the Austrian Umsatzsteuergesetz (Kleinunternehmerregelung). Shipping costs are shown separately and are displayed before you complete your purchase. For deliveries outside the European Union, customs duties and import charges set by the destination country may apply in addition; these are not included in the price you pay us and are described in our Shipping Policy [LINK].
Prices, discounts and promotions may change at any time. The price charged will be the price in effect at the time your order is placed, and will be set out in your order confirmation email. A change of price after your order is accepted does not affect that order. We may offer promotions that are governed by terms separate from these Terms; if there is a conflict, the promotion terms govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores, and to update it promptly, including your email address, so that we can complete your transaction and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorised to use the payment method for the purchase, and (iii) you will pay the charges incurred at the posted prices, including shipping charges.

SECTION 5 - SHIPPING AND DELIVERY
All delivery times shown are estimates and are not guaranteed. Production time is separate from delivery time, because every item is made to order; both are described in our Shipping Policy [LINK].
We are not liable for delays caused by shipping carriers, customs processing, incorrect delivery addresses, or other events outside our reasonable control. This does not limit our liability where a delay is caused by us.
Risk of loss and damage passes to you when the goods are delivered to you or to a person you have designated to receive them. A parcel lost or damaged in transit before that point is our responsibility, not yours. Please contact us at hello@eragoya.com if a parcel does not arrive or arrives damaged.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by eragoya, its affiliates or licensors and are protected by Austrian, European Union and international copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of eragoya, Shopify or any third party. Unauthorised use of the Services may infringe intellectual property law. All rights not expressly granted herein are reserved by eragoya.
You keep all rights in the photograph you upload and in the name you enter. Nothing in these Terms transfers ownership of your photograph to us. You grant us only the limited right to process and reproduce it as necessary to produce, print, ship and, where required, reprint the item you ordered, and to keep the records described in our Privacy Policy [LINK]. We do not use it for any other purpose.
eragoya's names, logos, product and service names, designs, and slogans are trademarks of eragoya or its affiliates or licensors. You must not use such trademarks without the prior written permission of eragoya. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any endorsement. Except as set out in Section 17, we are not liable for your use of optional third-party tools.
Any use by you of the optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
Except as set out in Section 17, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
eragoya is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with eragoya. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and eragoya, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with eragoya.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Our Privacy Policy explains in particular what happens to the photograph you upload: how it is stored, what our image service does with it, how long it is kept, and that the finished print file is passed to our print partner so that your item can be produced. We do not use your photograph to identify anyone, we do not create biometric or face-recognition profiles from it, and we do not use it to train machine-learning models or for advertising.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
This section applies to ideas, suggestions, feedback, reviews, proposals and similar content you choose to send us (collectively, "Feedback"). Feedback does not include the photograph you upload or the name you enter to personalise an item. Those are governed by Sections 2 and 6 and by our Privacy Policy [LINK], are used only to produce your order, and are never published, licensed onward, or used for promotion.
If you submit Feedback, you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in order to operate, evaluate and improve the Services. If you would prefer us not to publish Feedback you have sent, tell us at hello@eragoya.com and we will remove it.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback you send; (ii) you have disclosed any compensation or incentive received in connection with it; and (iii) it complies with these Terms. We are under no obligation to pay compensation for Feedback or to respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, will not be unlawful, abusive or obscene, and will not contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are responsible for the Feedback you send and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. Where an obvious error affects an order you have already placed, we may cancel that order and will refund you in full; we will not require you to pay more than the price shown when you ordered.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable Austrian, European Union, international or other law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to upload a photograph of a person who has not consented to its use; or (j) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm eragoya, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services. We may suspend, disable, or terminate your access if we determine on reasonable grounds that you have breached this Section.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services where you have breached these Terms, where required by law, or where we discontinue the Services. Except where you have breached these Terms, we will give you reasonable notice. Termination does not affect any order we have already accepted: we will either complete it or refund it in full. You remain liable for amounts due up to the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant that it is complete or free of error, and we may correct it at any time.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free, and third-party tools are made available "as is".
Your statutory warranty rights are not affected. Where you buy as a consumer, we are liable for defects under statutory warranty (Gewährleistung) for two years from delivery. Nothing in these Terms excludes, restricts or shortens that liability, or any other right you have under mandatory Austrian or EU consumer law. How to make a warranty claim is described in our Refund Policy [LINK].

SECTION 17 - LIMITATION OF LIABILITY
We are liable without limitation for damage caused intentionally or through gross negligence, for personal injury, under the Austrian Product Liability Act (Produkthaftungsgesetz), and wherever liability cannot lawfully be excluded.
For slight negligence, we are liable only for breach of an obligation essential to the performance of this contract, and our liability is then limited to the loss typically foreseeable in contracts of this kind. We are not liable for indirect or consequential loss, loss of profit, or loss of data arising from slight negligence.
Nothing in this Section limits your statutory warranty rights or any other mandatory consumer right.

SECTION 18 - INDEMNIFICATION
If a third party brings a claim against us because of content you uploaded — in particular a photograph you did not have the right to use, or of a person who did not consent — you will indemnify us against that claim, including reasonable legal costs, to the extent the claim is attributable to your fault. This does not apply where you are not at fault.
We will notify you promptly of any such claim, will not settle it without your consent (not to be unreasonably withheld), and will give you a reasonable opportunity to respond. You will cooperate in the defence of the claim, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service and replaced by the applicable statutory provision. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; 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 the policies referenced in them constitute the entire agreement between you and us governing your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of the Terms of Service. This does not affect any mandatory consumer right, or any separate written agreement we have made with you.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, which we will not unreasonably withhold. We may transfer or assign these Terms and our rights and obligations, for example if the business is sold, provided your rights under these Terms are not reduced; we will notify you before doing so, and you may terminate if you do not agree.

SECTION 22 - GOVERNING LAW AND DISPUTES
These Terms of Service and any contract concluded under them are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence. You may bring proceedings against us in the courts of your country of residence, and we may bring proceedings against you only there.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may update, change or replace part of these Terms of Service by posting the updated version on our website. We will notify you of any material change in accordance with applicable law, and the change will take effect on the date given in that notice. Changes never apply retroactively to an order we have already accepted; the version in force when you placed your order governs that order.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@eragoya.com.
Our contact information is posted below:
Viktor Oskar Gehringer
ordiflow
Mühlweg 29
2102 Hagenbrunn
Austria
hello@eragoya.com
[INSERT BUSINESS PHONE NUMBER]