Terms of service

Last updated: 30.12.2025

1) Scope and definitions

1.1 These Terms of Service (“Terms”) govern your access to and use of the Destiny Spirit website and online store (the “Services”) and any purchases of products (“Products”) made through the Services.

1.2 “Consumer” means a natural person acting for purposes outside their trade, business, or profession. “Business Customer” means a person acting for purposes relating to their trade, business, craft, or profession.

1.3 If any specific terms conflict with these Terms (e.g., for promotions), the specific terms prevail for that subject matter.

2) Access, accounts, and accuracy of information

2.1 You agree to provide accurate, current, and complete information (including billing and shipping details) required to process your order.

2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3) Product information (images, colors, sizing, availability)

3.1 We make reasonable efforts to display Products accurately. However, colors and appearance may vary depending on your device and display settings.

3.2 Product descriptions, sizing information, and availability may change at any time. We may limit quantities per order/customer to prevent abuse or suspected resale.

4) Prices, taxes, and promotions

4.1 Prices are shown in EUR and include VAT: Depends on country local VAT rate.

4.2 Shipping costs and any applicable fees are shown during checkout before you place your order.

4.3 For deliveries outside the EU/EEA, local import duties/taxes may apply and are typically payable by the customer unless we expressly state otherwise.

5) Orders and contract formation

5.1 Product listings are an invitation to submit an offer. By placing an order, you make an offer to purchase.

5.2 A contract is formed when we (a) send an order acceptance/dispatch confirmation email, and/or (b) dispatch the Products.

5.3 We may refuse or cancel an order for legitimate reasons (e.g., pricing errors, stock issues, delivery restrictions, suspected fraud, or technical problems). If we cancel after payment, we will refund you.

6) Payment

6.1 Available payment methods are shown at checkout.

6.2 Unless expressly stated otherwise, we dispatch orders only after successful payment.

7) Shipping, delivery times, and transfer of risk

7.1 Delivery times are estimates and not guaranteed. Delays may occur due to carriers, customs, or events outside our reasonable control.

7.2 EU/EEA consumers: the risk of loss or damage passes to you only when you (or a third party indicated by you, other than the carrier) acquire physical possession of the Products.

7.3 For Business Customers and/or deliveries outside the EU/EEA, transfer of risk may be governed by mandatory applicable law and the chosen shipping method, provided this does not reduce mandatory consumer protections.

8) EU/EEA consumer right of withdrawal (14 days)

This section applies if you are a Consumer and your delivery address is in the EU/EEA (or where similar mandatory rights apply).

8.1 Right to withdraw: You have the right to withdraw from the purchase contract within 14 days without giving any reason.

8.2 Withdrawal period: The withdrawal period expires after 14 days from the day on which you (or a third party you indicate, other than the carrier) acquire physical possession of the Products.

8.3 How to exercise the right: To exercise your right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g., by email) sent to:
Email: support@destinyspirit.eu
Address: Schmittsraße 38a, 8720, Knittelfeld, Austria

You may use the model withdrawal form in Appendix 1, but it is not mandatory.

8.4 Effects of withdrawal / refunds: If you withdraw, we will reimburse all payments received from you for the Products, including standard outbound delivery costs (where required by law), without undue delay and no later than 14 days from the day we are informed of your decision to withdraw.
We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent them back, whichever is earlier.

8.5 Returning the Products: You must send back the Products without undue delay and in any event no later than 14 days from the day you communicated your withdrawal. The deadline is met if you send back the Products before the period expires.

8.6 Return shipping costs: You will bear the direct cost of returning the Products unless we expressly state that we will cover return shipping.

8.7 Diminished value: You are liable for any diminished value of the Products resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Products.

8.8 Exceptions: The right of withdrawal may not apply to certain goods (for example, made-to-order/personalised items). If you sell categories that may qualify for statutory exceptions, we will specify them on the relevant product page and/or in our Return Policy.

9) Voluntary returns / exchanges (in addition to statutory rights)

If we offer any voluntary return or exchange policy beyond mandatory legal rights, it will be set out in our Return/Refund Policy.
Nothing in that policy limits your mandatory statutory rights.

10) Statutory conformity rights (legal warranty)

10.1 Consumers benefit from statutory rights regarding defective or non-conforming goods under applicable law (including EU/EEA consumer protection rules where applicable).

10.2 To report an issue, contact us at: support@destinyspirit.eu, and include your order number and photos/videos where helpful.

11) Prohibited uses

You may use the Services only for lawful purposes. You must not:

• violate laws or third-party rights (including intellectual property);

• attempt to gain unauthorised access, introduce malware, or interfere with the Services;

• scrape/crawl in a way that disrupts the Services;

• submit fraudulent orders or misrepresent information.

We may suspend or terminate access where we reasonably believe these Terms are violated.

12) Reviews and user content

If you post reviews, comments, or other content, you confirm you have the rights to do so.
You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display such content for operating and promoting the Services, subject to applicable law.

13) Intellectual property

All content on the Services (text, graphics, logos, photos, designs) is owned by Destiny Spirit or its licensors and protected by applicable laws.
You may not use it beyond personal, non-commercial browsing without our prior written consent, except where permitted by law.

14) Liability

14.1 We are liable for intent and gross negligence. For simple negligence, we are liable only for breach of material contractual obligations (cardinal obligations) and limited to foreseeable, typical damages, to the extent permitted by law.

14.2 Nothing in these Terms limits or excludes liability where doing so would be unlawful (including liability for death or personal injury caused by negligence, and mandatory consumer rights).

15) Force majeure

We are not liable for delays or failure to perform due to events outside our reasonable control (including carrier disruptions, customs delays, strikes, natural disasters, war, sanctions, or governmental actions).

16) Third-party services and Shopify

16.1 The store is hosted on Shopify. Purchases are made directly between you and Destiny Spirit.

16.2 Third-party services (payments, shipping, analytics) may apply. Their terms and privacy practices may also govern your use of those services.

17) Privacy

Our processing of personal data is described in our Privacy Policy.

18) Governing law and jurisdiction

19.1 If you are a Consumer habitually resident in the EU/EEA, Austrian law applies without depriving you of mandatory consumer protections of the country where you reside.

19.2 For Consumers, jurisdiction is determined by applicable mandatory consumer jurisdiction rules.

19) Changes to these Terms

We may update these Terms from time to time (e.g., legal, operational, or technical changes). The current version is posted on this page and applies to orders placed after the effective date.

20) Seller information (Imprint / Legal notice) & Contact

Seller (Austrian sole proprietor): Ivan Kletsov (trading as: Destiny Spirit)
Business address: Schmittsraße 38a, 8720, Knittelfeld, Austria
Email: support@destinyspirit.eu
Phone: +43 67763616514
Business registration (if applicable): [GISA / registration number or authority, if any]
VAT ID (UID), if applicable: [ATU…]