en
General Terms of Use
Date: October 2024
1. TERMS OF USE FOR NEWORN APP
1.1. These Terms of Use apply to the use of the Neworn App (“App”) provided by Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, Austria (“NEWORN”).1.2. Use of the App is only permitted under these Terms of Use. Any differing, conflicting, limiting, or additional terms and conditions shall not become part of the agreement.
1.3. By checking the appropriate box during the registration process and using the App, the user agrees to these Terms of Use as well as the Privacy Policy.
1.4. NEWORN reserves the right to update or modify these Terms of Use at any time without providing reasons. Users will be notified of any changes the next time they access the App, and the new version of the Terms will be made available. Additionally, users will be informed of the changes via email at least 14 days in advance. Changes will become effective unless the user objects in writing within 14 days of receiving the change notice. NEWORN will inform users of their right to object and the consequences of non-response in the change notification. In the event of an objection, the previous Terms of Use will remain in effect, unless NEWORN terminates the user agreement.
1.5. ACCOUNT REGISTRATION AND STRIPE AGREEMENT
By registering your account, you agree to our framework agreement and the Stripe Connected Account Agreement. NEWORN uses Stripe to process payouts to sellers. The Stripe Recipient Agreement governs your acceptance of such payouts. In order to receive payouts from NEWORN, you must provide accurate and complete personal and business information. You also authorize NEWORN to share this information, along with relevant transaction data related to your payouts, with Stripe.
2. SCOPE OF SERVICES
2.1. NEWORN operates an online marketplace for second-hand baby and children’s clothing. The NEWORN App is provided to users free of charge unless otherwise agreed or revoked.
2.2. Purchase contracts for items listed on the platform are concluded exclusively between users. NEWORN merely provides the technical infrastructure for such transactions.
2.3. As part of a sustainable community of parents, users can buy and sell high-quality baby and children's clothing via the App. Users have the option to upload specific listings, including text and images ("User Content"). This User Content does not constitute binding offers from NEWORN.
2.4. The App includes a filtering feature that helps users find clothing recommendations tailored to their child. To use this feature, users can add a child profile under “Add Children.” Search results and suggestions are based on user-provided information (age and gender of the child). These details are optional but required for the filter functionality.
2.5. NEWORN offers a wishlist feature where users can (i) mark products as “Favorites” and (ii) follow other users. Based on this activity, NEWORN may send in-app notifications to help users track relevant updates or offers.
2.6. If users are interested in a particular product, they may contact each other and form agreements independently. Any resulting contract is strictly between the listing user and the interested party. NEWORN acts neither as an agent, intermediary, nor representative. Any legal claims or disputes arising from such agreements must be resolved directly between the parties involved. NEWORN assumes no liability for enforcing or fulfilling such contracts.
2.7. Users must ensure that all submitted User Content is lawful, does not infringe third-party rights, and is neither offensive nor inappropriate. NEWORN is not responsible for the accuracy or legality of User Content.
2.8. Users must immediately inform NEWORN of any legal disputes, claims, or third-party actions related to their User Content so that NEWORN may take appropriate action, such as removal or blocking of content.
2.9. NEWORN is under no obligation to review, monitor, or edit User Content. If User Content violates these Terms, legal provisions, or third-party rights, the user bears full responsibility and agrees to indemnify and hold NEWORN harmless against all resulting claims or demands.
2.10. For every purchase or sale made through the App, users earn loyalty points. These points can be redeemed for exclusive discounts with NEWORN’s partner companies. Contracts for such redemptions are concluded directly between the user and the respective partner. NEWORN assumes no liability for these external agreements. Loyalty points cannot be exchanged for cash and are non-transferable.
2.11. Disclosure of User Status (Private/Commercial) – DAC7 Compliance
(1) Users are required to truthfully indicate whether they are acting as private or commercial sellers during registration and use of the platform.
(2) Commercial users must provide all data required for tax reporting under the DAC7 Directive (EU 2021/514) and its national implementations (e.g., the German Platform Tax Transparency Act or Austria’s Platform Reporting Law), including:
- Full name or business name
- AddressTax Identification Number (TIN)
- Tax residency or business locationDate of birth (for individuals)
- Any other legally required information
(3) Reporting obligations apply when both of the following are met within a calendar year:
= The user conducts 30 or more relevant transactions
- The total gross amount paid out by the platform exceeds €2,000
(4) NEWORN, as platform operator, is legally required to collect and, if applicable, report this data to the appropriate authorities. Users consent to the processing and transfer of their data in accordance with legal requirements.
(4) Users must keep all submitted information up to date and report any changes immediately.
3. REGISTRATION AND USER ACCOUNT
3.1. The App can only be used after completing the registration process. Registration is strictly limited to users who are of legal age and have full legal capacity. Upon registration, NEWORN creates a personal user account (“Account”) that users can update at any time.
3.2. Users must keep their login credentials (email and password) confidential and protect them from unauthorized access. Any suspected unauthorized access must be reported to NEWORN in writing (email is sufficient). NEWORN is not liable for any damage resulting from misuse, loss, or sharing of login data caused by the user or a third party attributable to the user.
3.3. All information provided during registration and while using the account must be truthful and accurate. Any changes must be updated immediately in the user account.
3.4. NEWORN is not responsible for verifying the accuracy or completeness of user-submitted data during registration or use of the account. Additionally, NEWORN does not verify whether a user has the necessary (commercial) licenses for their activities. Users are solely responsible for complying with all applicable tax laws.
4. RESTRICTIONS OF USE
4.1. NEWORN is committed to ensuring the App is used safely and in compliance with applicable laws. Therefore, users are strictly prohibited from using the App for any of the following purposes (“Usage Restrictions”):
a) Providing false or misleading information, or knowingly submitting inaccurate content;
b) Promoting or engaging in illegal activities or unlawful conduct;
c) Violating the rights of others (including personality, privacy, and intellectual property rights) or uploading content that may result in legal liability or conflict with these Terms of Use;
d) Decompiling, disassembling, reverse engineering, copying, transmitting, or otherwise exploiting the App or its content unless expressly permitted by copyright law;
e) Automatically crawling, scraping, caching, or otherwise harvesting content from the App;
f) Distributing unauthorized advertisements, junk messages, spam, chain letters, or pyramid schemes;
g) Using the App in any way that:disrupts, slows down, impairs, or interferes with the App’s functionality,threatens the operation or infrastructure of the App,overloads system resources,imposes a disproportionate burden on the App infrastructure, orattempts to breach the security or authentication measures of NEWORN’s systems;
h) Using the App for any purpose other than those for which it was developed and made available.
4.2. Users agree to indemnify and hold NEWORN harmless from and against any claims, damages, liabilities, costs, losses, and expenses arising from:
(i) intentional violations of these Terms of Use,
(ii) intentional infringement of third-party rights, or
(iii) intentional damages resulting from User Content.
4.3. NEWORN reserves the right, at its sole discretion, to suspend or delete accounts, issue warnings, or notify other users in cases where:
a) the user or account could damage NEWORN’s reputation or the ongoing operation of the App,
b) the user has provided false, misleading, or illegal information or content,
c) the user harms or disrupts NEWORN or other users,
d) the user has remained inactive for an extended period,
e) the user violates these Terms of Use or applicable laws.
5. COPYRIGHT AND INTELLECTUAL PROPERTY
5.1. By submitting data or content to the platform, the user grants NEWORN a non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual, and revocable license to use, store, reproduce, publish, and distribute the submitted content to the extent necessary, particularly for displaying it within the App.
5.2. If a user deletes their account, data, or content, NEWORN will remove this data from the App within a reasonable time. However, due to the viral nature of online content, any third-party sharing or redistribution of that content may remain unaffected. This especially applies when content has already been shared with other users or third parties, as NEWORN cannot control their further use.
5.3. Except for user-submitted content, all proprietary elements of the App—including texts, images, illustrations, the design and structure of the App, and the content of its database—are protected by copyright and intellectual property laws. Users may not reproduce, adapt, transmit, publish, display, perform, modify, translate, or otherwise use these elements without prior written consent from NEWORN.
6. WARRANTY
6.1. NEWORN provides the App "as is", with current features and with due care. However, errors or service interruptions cannot be entirely ruled out. Considering the nature of the internet, NEWORN does not guarantee the accuracy, reliability, quality, suitability, safety, completeness, or timeliness of the App and its content. Nevertheless, NEWORN will make reasonable efforts to correct any significant reported issues.
6.2. NEWORN is not obligated to provide any specific IT infrastructure and does not guarantee uninterrupted availability of the App. Temporary service interruptions may occur.
6.3. NEWORN reserves the right to perform maintenance on the App at its own discretion, which may cause temporary downtime. Whenever possible, users will be informed of scheduled maintenance in advance.
6.4. Given that the service is provided free of charge, statutory warranty provisions do not apply.
7. LIABILITY
7.1. NEWORN is liable for damages according to statutory provisions. However, liability for damages caused by slight negligence is excluded. Indirect damages, consequential damages, lost savings, lost profits, or damages arising from third-party claims are also excluded.
7.2. The limitation of liability in Section 7.1 does not apply in cases of injury to life, body, or health, or for claims under the Product Liability Act.
7.3. Use of user-generated content is entirely at the user's own risk. Users are responsible for reviewing content from others and ensuring it meets their own expectations.
8. DURATION
8.1. These Terms of Use remain in effect for the duration of the user's registration. The free services are generally available for an indefinite period.
8.2. Users may terminate the agreement at any time without cause.
8.3. NEWORN may terminate the user agreement—or only the loyalty points program—effective at the end of the current month.
8.4. Termination for cause with immediate effect remains unaffected.
9. RIGHT OF WITHDRAWAL FOR NEW BY NEWORN PURCHASES
9.1. About New by Neworn
New by Neworn is committed to offering high-quality baby and children's products while promoting environmental sustainability. To reduce the environmental impact of returns, customers are urged to carefully review all information before making a purchase.
9.2. Right of Withdrawal & Warranty
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party designated by you (excluding the carrier) took possession of the goods.To exercise your right of withdrawal, notify us clearly (e.g., by post, fax, or email) at:
Neworn
Spitalgasse 27/13
1090 Vienna, Austria
Phone: +43 664 4846256
Email: info@neworn.com
Timely dispatch of the withdrawal notice before the deadline is sufficient to meet the withdrawal deadline.
Upon withdrawal, we will refund all payments received, including delivery costs (except for additional costs incurred from choosing a more expensive delivery option), within 14 days of receiving your withdrawal notice. We will use the same payment method used in the original transaction unless otherwise agreed. Refunds will not incur any charges. Refunds may be withheld until we receive the goods back or proof of return is provided.
Please return the goods promptly and at the latest within 14 days to:
Caroline Schober
Spitalgasse 27/13
1090 Vienna, AustriaYou bear the return shipping costs. You are only liable for any reduction in value due to handling beyond necessary inspection. Returned items must be unused, unwashed, and unaltered to be eligible for a refund.
9.3. MODEL WITHDRAWAL FORM
(If you wish to withdraw from the contract, complete and return this form.)
To:
Caroline Schober
Spitalgasse 27/13,
1090 Vienna
Phone: +43 664 4846256
Email: info@neworn.com
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature (only if sent in paper form)
– Date
() Delete as applicableNo right of withdrawal exists for:Sealed goods which are not suitable for return due to health protection or hygiene reasons if the seal was removed after delivery.
10. FINAL PROVISIONS
10.1. These Terms of Use are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protections of the user’s country of residence remain unaffected.
10.2. For business users and consumers who, at the time of legal action, have neither residence nor habitual abode in Austria nor are employed within Austria, the exclusive jurisdiction for all disputes arising from these Terms is the competent court in 1010 Vienna. If the user is a business entity, this jurisdiction clause applies unconditionally.
1. TERMS OF USE FOR NEWORN APP
1.1. These Terms of Use apply to the use of the Neworn App (“App”) provided by Neworn GmbH, Spitalgasse 27/13, 1090 Vienna, Austria (“NEWORN”).1.2. Use of the App is only permitted under these Terms of Use. Any differing, conflicting, limiting, or additional terms and conditions shall not become part of the agreement.
1.3. By checking the appropriate box during the registration process and using the App, the user agrees to these Terms of Use as well as the Privacy Policy.
1.4. NEWORN reserves the right to update or modify these Terms of Use at any time without providing reasons. Users will be notified of any changes the next time they access the App, and the new version of the Terms will be made available. Additionally, users will be informed of the changes via email at least 14 days in advance. Changes will become effective unless the user objects in writing within 14 days of receiving the change notice. NEWORN will inform users of their right to object and the consequences of non-response in the change notification. In the event of an objection, the previous Terms of Use will remain in effect, unless NEWORN terminates the user agreement.
1.5. ACCOUNT REGISTRATION AND STRIPE AGREEMENT
By registering your account, you agree to our framework agreement and the Stripe Connected Account Agreement. NEWORN uses Stripe to process payouts to sellers. The Stripe Recipient Agreement governs your acceptance of such payouts. In order to receive payouts from NEWORN, you must provide accurate and complete personal and business information. You also authorize NEWORN to share this information, along with relevant transaction data related to your payouts, with Stripe.
2. SCOPE OF SERVICES
2.1. NEWORN operates an online marketplace for second-hand baby and children’s clothing. The NEWORN App is provided to users free of charge unless otherwise agreed or revoked.
2.2. Purchase contracts for items listed on the platform are concluded exclusively between users. NEWORN merely provides the technical infrastructure for such transactions.
2.3. As part of a sustainable community of parents, users can buy and sell high-quality baby and children's clothing via the App. Users have the option to upload specific listings, including text and images ("User Content"). This User Content does not constitute binding offers from NEWORN.
2.4. The App includes a filtering feature that helps users find clothing recommendations tailored to their child. To use this feature, users can add a child profile under “Add Children.” Search results and suggestions are based on user-provided information (age and gender of the child). These details are optional but required for the filter functionality.
2.5. NEWORN offers a wishlist feature where users can (i) mark products as “Favorites” and (ii) follow other users. Based on this activity, NEWORN may send in-app notifications to help users track relevant updates or offers.
2.6. If users are interested in a particular product, they may contact each other and form agreements independently. Any resulting contract is strictly between the listing user and the interested party. NEWORN acts neither as an agent, intermediary, nor representative. Any legal claims or disputes arising from such agreements must be resolved directly between the parties involved. NEWORN assumes no liability for enforcing or fulfilling such contracts.
2.7. Users must ensure that all submitted User Content is lawful, does not infringe third-party rights, and is neither offensive nor inappropriate. NEWORN is not responsible for the accuracy or legality of User Content.
2.8. Users must immediately inform NEWORN of any legal disputes, claims, or third-party actions related to their User Content so that NEWORN may take appropriate action, such as removal or blocking of content.
2.9. NEWORN is under no obligation to review, monitor, or edit User Content. If User Content violates these Terms, legal provisions, or third-party rights, the user bears full responsibility and agrees to indemnify and hold NEWORN harmless against all resulting claims or demands.
2.10. For every purchase or sale made through the App, users earn loyalty points. These points can be redeemed for exclusive discounts with NEWORN’s partner companies. Contracts for such redemptions are concluded directly between the user and the respective partner. NEWORN assumes no liability for these external agreements. Loyalty points cannot be exchanged for cash and are non-transferable.
2.11. Disclosure of User Status (Private/Commercial) – DAC7 Compliance
(1) Users are required to truthfully indicate whether they are acting as private or commercial sellers during registration and use of the platform.
(2) Commercial users must provide all data required for tax reporting under the DAC7 Directive (EU 2021/514) and its national implementations (e.g., the German Platform Tax Transparency Act or Austria’s Platform Reporting Law), including:
- Full name or business name
- AddressTax Identification Number (TIN)
- Tax residency or business locationDate of birth (for individuals)
- Any other legally required information
(3) Reporting obligations apply when both of the following are met within a calendar year:
= The user conducts 30 or more relevant transactions
- The total gross amount paid out by the platform exceeds €2,000
(4) NEWORN, as platform operator, is legally required to collect and, if applicable, report this data to the appropriate authorities. Users consent to the processing and transfer of their data in accordance with legal requirements.
(4) Users must keep all submitted information up to date and report any changes immediately.
3. REGISTRATION AND USER ACCOUNT
3.1. The App can only be used after completing the registration process. Registration is strictly limited to users who are of legal age and have full legal capacity. Upon registration, NEWORN creates a personal user account (“Account”) that users can update at any time.
3.2. Users must keep their login credentials (email and password) confidential and protect them from unauthorized access. Any suspected unauthorized access must be reported to NEWORN in writing (email is sufficient). NEWORN is not liable for any damage resulting from misuse, loss, or sharing of login data caused by the user or a third party attributable to the user.
3.3. All information provided during registration and while using the account must be truthful and accurate. Any changes must be updated immediately in the user account.
3.4. NEWORN is not responsible for verifying the accuracy or completeness of user-submitted data during registration or use of the account. Additionally, NEWORN does not verify whether a user has the necessary (commercial) licenses for their activities. Users are solely responsible for complying with all applicable tax laws.
4. RESTRICTIONS OF USE
4.1. NEWORN is committed to ensuring the App is used safely and in compliance with applicable laws. Therefore, users are strictly prohibited from using the App for any of the following purposes (“Usage Restrictions”):
a) Providing false or misleading information, or knowingly submitting inaccurate content;
b) Promoting or engaging in illegal activities or unlawful conduct;
c) Violating the rights of others (including personality, privacy, and intellectual property rights) or uploading content that may result in legal liability or conflict with these Terms of Use;
d) Decompiling, disassembling, reverse engineering, copying, transmitting, or otherwise exploiting the App or its content unless expressly permitted by copyright law;
e) Automatically crawling, scraping, caching, or otherwise harvesting content from the App;
f) Distributing unauthorized advertisements, junk messages, spam, chain letters, or pyramid schemes;
g) Using the App in any way that:disrupts, slows down, impairs, or interferes with the App’s functionality,threatens the operation or infrastructure of the App,overloads system resources,imposes a disproportionate burden on the App infrastructure, orattempts to breach the security or authentication measures of NEWORN’s systems;
h) Using the App for any purpose other than those for which it was developed and made available.
4.2. Users agree to indemnify and hold NEWORN harmless from and against any claims, damages, liabilities, costs, losses, and expenses arising from:
(i) intentional violations of these Terms of Use,
(ii) intentional infringement of third-party rights, or
(iii) intentional damages resulting from User Content.
4.3. NEWORN reserves the right, at its sole discretion, to suspend or delete accounts, issue warnings, or notify other users in cases where:
a) the user or account could damage NEWORN’s reputation or the ongoing operation of the App,
b) the user has provided false, misleading, or illegal information or content,
c) the user harms or disrupts NEWORN or other users,
d) the user has remained inactive for an extended period,
e) the user violates these Terms of Use or applicable laws.
5. COPYRIGHT AND INTELLECTUAL PROPERTY
5.1. By submitting data or content to the platform, the user grants NEWORN a non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual, and revocable license to use, store, reproduce, publish, and distribute the submitted content to the extent necessary, particularly for displaying it within the App.
5.2. If a user deletes their account, data, or content, NEWORN will remove this data from the App within a reasonable time. However, due to the viral nature of online content, any third-party sharing or redistribution of that content may remain unaffected. This especially applies when content has already been shared with other users or third parties, as NEWORN cannot control their further use.
5.3. Except for user-submitted content, all proprietary elements of the App—including texts, images, illustrations, the design and structure of the App, and the content of its database—are protected by copyright and intellectual property laws. Users may not reproduce, adapt, transmit, publish, display, perform, modify, translate, or otherwise use these elements without prior written consent from NEWORN.
6. WARRANTY
6.1. NEWORN provides the App "as is", with current features and with due care. However, errors or service interruptions cannot be entirely ruled out. Considering the nature of the internet, NEWORN does not guarantee the accuracy, reliability, quality, suitability, safety, completeness, or timeliness of the App and its content. Nevertheless, NEWORN will make reasonable efforts to correct any significant reported issues.
6.2. NEWORN is not obligated to provide any specific IT infrastructure and does not guarantee uninterrupted availability of the App. Temporary service interruptions may occur.
6.3. NEWORN reserves the right to perform maintenance on the App at its own discretion, which may cause temporary downtime. Whenever possible, users will be informed of scheduled maintenance in advance.
6.4. Given that the service is provided free of charge, statutory warranty provisions do not apply.
7. LIABILITY
7.1. NEWORN is liable for damages according to statutory provisions. However, liability for damages caused by slight negligence is excluded. Indirect damages, consequential damages, lost savings, lost profits, or damages arising from third-party claims are also excluded.
7.2. The limitation of liability in Section 7.1 does not apply in cases of injury to life, body, or health, or for claims under the Product Liability Act.
7.3. Use of user-generated content is entirely at the user's own risk. Users are responsible for reviewing content from others and ensuring it meets their own expectations.
8. DURATION
8.1. These Terms of Use remain in effect for the duration of the user's registration. The free services are generally available for an indefinite period.
8.2. Users may terminate the agreement at any time without cause.
8.3. NEWORN may terminate the user agreement—or only the loyalty points program—effective at the end of the current month.
8.4. Termination for cause with immediate effect remains unaffected.
9. RIGHT OF WITHDRAWAL FOR NEW BY NEWORN PURCHASES
9.1. About New by Neworn
New by Neworn is committed to offering high-quality baby and children's products while promoting environmental sustainability. To reduce the environmental impact of returns, customers are urged to carefully review all information before making a purchase.
9.2. Right of Withdrawal & Warranty
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party designated by you (excluding the carrier) took possession of the goods.To exercise your right of withdrawal, notify us clearly (e.g., by post, fax, or email) at:
Neworn
Spitalgasse 27/13
1090 Vienna, Austria
Phone: +43 664 4846256
Email: info@neworn.com
Timely dispatch of the withdrawal notice before the deadline is sufficient to meet the withdrawal deadline.
Upon withdrawal, we will refund all payments received, including delivery costs (except for additional costs incurred from choosing a more expensive delivery option), within 14 days of receiving your withdrawal notice. We will use the same payment method used in the original transaction unless otherwise agreed. Refunds will not incur any charges. Refunds may be withheld until we receive the goods back or proof of return is provided.
Please return the goods promptly and at the latest within 14 days to:
Caroline Schober
Spitalgasse 27/13
1090 Vienna, AustriaYou bear the return shipping costs. You are only liable for any reduction in value due to handling beyond necessary inspection. Returned items must be unused, unwashed, and unaltered to be eligible for a refund.
9.3. MODEL WITHDRAWAL FORM
(If you wish to withdraw from the contract, complete and return this form.)
To:
Caroline Schober
Spitalgasse 27/13,
1090 Vienna
Phone: +43 664 4846256
Email: info@neworn.com
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature (only if sent in paper form)
– Date
() Delete as applicableNo right of withdrawal exists for:Sealed goods which are not suitable for return due to health protection or hygiene reasons if the seal was removed after delivery.
10. FINAL PROVISIONS
10.1. These Terms of Use are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protections of the user’s country of residence remain unaffected.
10.2. For business users and consumers who, at the time of legal action, have neither residence nor habitual abode in Austria nor are employed within Austria, the exclusive jurisdiction for all disputes arising from these Terms is the competent court in 1010 Vienna. If the user is a business entity, this jurisdiction clause applies unconditionally.
