Terms of service

3. Terms and Conditions

for the ESTK online shop

1. Scope and definitions

These Terms and Conditions apply to all orders placed through the online shop at www.esktshop.com with E.Syla, trading as ESTK ("ESTK", "we", "us", or "our").

A "consumer" is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business, or profession. A "business customer" is a person acting in the course of their trade, business, or independent professional activity when concluding the contract.

Mandatory statutory consumer-protection provisions take precedence. Any conflicting customer terms apply only if we have expressly accepted them.

2. Contracting party and fulfilment

The customer's sole contracting party is E.Syla, trading as ESTK. This remains the case even where storage, packaging, or shipping is carried out by external logistics partners, manufacturers, or suppliers.

Part of the range is dispatched from our stock in Austria. Other products, identified accordingly on their respective product pages, may be dispatched directly to the customer by a fulfilment or supply partner, including from a country outside the European Union ("direct shipping"). The fulfilment or supply partner does not thereby become the customer's contracting party.

Statutory consumer rights, warranty obligations, responsibility for delivery, and complaint handling remain with ESTK. The customer is not required to pursue claims against a foreign supplier.

3. Product presentation and product information

Product images are for presentation purposes. Minor and reasonable differences in colour, texture, packaging, or finish may result from screen display, lighting conditions, production batches, or technically necessary product updates, provided the agreed characteristics and functionality are not impaired.

Dimensions, weight, capacity, materials, compatibility, and care, safety, and usage instructions are stated in the relevant product description. The customer must review this information before ordering.

Clothing may be subject to customary production tolerances. The size chart published with the product is decisive.

Blenders and other technical products may be used only in accordance with their operating and safety instructions. This does not limit statutory rights in the event of a defect.

4. Ordering process and conclusion of contract

The presentation of products in the shop does not constitute a binding offer to sell; it is an invitation to place an order.

The customer places products in the cart, provides the required ordering and delivery information, selects a shipping and payment method, and may correct all entries before submission. By pressing the order button, which is clearly labelled to indicate an obligation to pay, the customer submits a binding offer to purchase the products in the cart.

An automated acknowledgement merely confirms receipt of the order and does not constitute acceptance unless it expressly states otherwise. The contract is concluded when we issue an express order or shipping confirmation, dispatch the goods, or otherwise clearly declare acceptance.

We may reject an order, in particular due to obvious pricing or product errors, unavailability, unsuccessful payment authorisation, reasonable suspicion of fraud, or legal restrictions on delivery. Any payment already received will be refunded without undue delay.

The contract language is English unless another language is expressly offered and selected during the ordering process. The order details are stored to the extent required by law. The customer receives the essential order and contractual information by email. Where technically available, registered customers may also view orders in their customer account.

5. Prices, shipping costs, and payment

All prices displayed in the shop are total prices in euros and include statutory VAT where applicable. Shipping charges and any additional costs clearly disclosed before the contract is concluded are shown separately.

The payment methods available at checkout apply. Depending on the payment method, an external payment service provider may process the payment. Its additional terms apply where they have been validly communicated to the customer and do not limit mandatory rights.

Unless otherwise agreed, the purchase price is due when the contract is concluded. If payment fails or is charged back, we may withhold delivery until full payment has been received.

Discount codes, promotional vouchers, and price reductions apply only during the stated period and subject to the published terms. Unless expressly stated otherwise, they cannot be applied retroactively, redeemed for cash, or combined. This does not limit statutory refund rights.

6. Delivery, delivery territory, and direct shipping

We deliver only to countries available for selection at checkout. The delivery period applicable to a product is shown on the product page or at checkout before the order is placed.

Typical estimates are: processing within one to three business days; delivery from Austrian stock within Austria generally within two to seven business days and to other activated EU countries generally within three to ten business days; identified direct-shipping products generally within seven to twenty-five business days. These estimates apply unless a different delivery period is agreed for the relevant product.

Orders containing products from different warehouses may be split into partial deliveries where reasonable for the customer. The customer will not incur additional shipping charges as a result.

If a delay occurs, we will inform the customer as soon as reliable information is available. Mandatory rights relating to late delivery remain unaffected. Statutory delivery periods apply unless a different delivery period has been agreed.

The customer must provide a complete and accurate delivery address. Changes are possible only while the order has not yet been processed or dispatched.

7. Import charges and shipments from non-EU countries

Direct shipping from a non-EU country may involve import formalities. All taxes, duties, and processing charges foreseeable for the customer must be clearly disclosed before the order is submitted.

Unless expressly stated otherwise before the order is placed, the customer will not incur additional import charges upon delivery. If undisclosed import VAT, customs duties, or delivery charges are nevertheless requested, the customer should contact us at info@estkshop.com before making payment. Mandatory customer rights remain unaffected.

ESTK must organise compliant tax and customs processing with the relevant supply partner, for example through IOSS or delivery with duties paid. A clause in these Terms and Conditions does not replace that operational obligation.

8. Passing of risk, transport damage, and retention of title

For consumers, the risk of accidental loss of or damage to the goods generally passes only when the goods are delivered to the consumer or to a third party designated by the consumer. Statutory special rules apply where the consumer independently commissions a carrier that was not offered by us.

Obvious transport damage should be photographed and reported to us as soon as reasonably possible. A consumer's failure to report it immediately does not result in the loss of statutory claims.

The goods remain our property until payment has been made in full.

9. Refusal of delivery and unsuccessful delivery

If delivery is unsuccessful because the customer culpably provided an incorrect address, culpably failed to collect the parcel, or refused delivery without justification, we may charge reasonable additional costs actually incurred. This does not apply where the customer validly exercises the statutory right of withdrawal or is not responsible for the failed delivery.

Merely refusing or failing to accept a parcel does not constitute an unambiguous declaration of withdrawal.

10. Statutory right of withdrawal

Consumers generally have a statutory right of withdrawal or cancellation in distance contracts. Details, time limits, consequences, exceptions, and the model withdrawal form are set out in the separate withdrawal information, which forms part of the contractual information.

The statutory right of withdrawal generally also applies to discounted goods, sale items, and products supplied by direct shipping. Statutory exceptions, including certain sealed hygiene products after the seal has been removed and clearly personalised goods, remain unaffected.

11. Voluntary returns, exchanges, and sale items

There is no general entitlement to return or exchange goods beyond the statutory right of withdrawal and statutory warranty rights.

After the statutory withdrawal period has expired, we may, at our discretion and on a case-by-case basis, accept a return in exchange for shop credit. This requires our prior written approval, unused goods in resalable condition, and compliance with the return period communicated by us. Acceptance of shop credit is by mutual agreement.

We do not offer voluntary returns or exchanges for discounted goods, sale items, promotional products, personalised goods, unsealed hygiene products, or used or damaged goods. The statutory right of withdrawal and statutory rights relating to defects remain unaffected.

12. Statutory warranty rights and complaints

Consumers are entitled to statutory warranty rights, in particular under the Austrian Consumer Warranty Act (VGG). In the case of defective goods, the consumer may, within the statutory framework, initially request repair or replacement and, where the statutory conditions are met, a price reduction or termination of the contract.

A defect, incorrect delivery, or missing component should be reported to info@estkshop.com with the order number, a short description, and photographs where possible. This request is not a condition for statutory rights, but it helps us review the matter quickly.

We bear the cost of a justified remedy or any necessary return of defective goods in accordance with the law.

Statutory warranty rights must be distinguished from a voluntary commercial guarantee. A commercial guarantee exists only where it is expressly offered for the product and does not restrict statutory warranty rights.

13. Proper use and liability

The customer must follow the operating, cleaning, charging, safety, and care instructions. Damage caused exclusively by improper use, unauthorised modification, unsuitable accessories, or ordinary wear and tear does not automatically constitute a defect.

We are liable in accordance with applicable law. In relation to consumers, liability for personal injury, wilful misconduct, gross negligence, mandatory product liability, and any other liability that cannot legally be excluded or limited remains unaffected.

To the extent permitted by law, we are not liable for loss caused solely by the customer's clearly improper use contrary to explicit safety instructions.

14. Intellectual property

Product images, text, logos, designs, and other shop content are protected by law. Any use beyond private use permitted by law requires our prior consent or the consent of the relevant rights holder.

15. Data protection

Personal data is processed in accordance with the separate Privacy Policy. For direct shipping, recipient and order data necessary to perform the contract may be shared with the relevant supply or logistics partner. The applicable data-protection requirements must be met for transfers to third countries.

16. Applicable law and jurisdiction

Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they habitually reside.

Statutory places of jurisdiction apply to consumers. For business customers, the court with subject-matter jurisdiction at ESTK's place of business is agreed to the extent permitted by law.

17. Final provisions

If any provision of these Terms and Conditions is or becomes invalid, the remaining provisions remain effective to the extent permitted by law. The applicable statutory provision replaces the invalid provision; this clause is not intended to preserve an unlawful consumer clause by reducing its scope.

The version of these Terms and Conditions published when the order is placed applies. Material changes affecting future orders will be published in the shop.