General Terms and Conditions
Last updated: 1 July 2026
Notice — Machine/Automatic Translation: This English version is provided for convenience only and was produced as an automatic translation of the original German-language Allgemeine Geschäftsbedingungen (AGB). It is not a certified or legally binding translation. In the event of any discrepancy, ambiguity, or conflict between this English translation and the German original, the German-language version shall prevail and is the sole legally binding text. The contract language is German (see § 1(3)). This document is governed by Austrian law, and the courts of Austria have jurisdiction as set out in § 10.
Part A: General Provisions and Subscription Agreement
§ 1 Scope and Contracting Parties
(1) These General Terms and Conditions (“GTC”) apply to all contracts for access to digital content as well as to the sale of goods by way of online auction between Ilara Noir — hereinafter referred to as the “Provider” — and the customer — hereinafter referred to as the “Subscriber” or “Buyer”.
(2) These GTC apply exclusively. Any deviating terms of the customer shall not be recognized unless the Provider expressly agrees to their applicability in writing.
(3) The language of the contract is German.
(4) These GTC are divided into:
- Part A: General Provisions and Subscription Agreement
- Part B: Special Conditions for Auctions
§ 2 Subject Matter of the Contract
(1) The Provider makes digital content in the form of photographs available for a fee on its website ilaranoir.com.
(2) Access to the content is provided by way of a subscription with a monthly term.
(3) The Provider’s obligation is limited exclusively to making the content available for viewing. There is no entitlement to download or permanent storage.
(4) The Provider reserves the right to change or remove the type and scope of the content provided in accordance with § 2a of these GTC. Prices may be adjusted in accordance with § 5a of these GTC.
(5) The Provider additionally offers the sale of goods (worn laundry items and clothing) by way of online auction. The special provisions in Part B of these GTC apply to such sales.
§ 2a Modification and Removal of Digital Content
(1) The Provider reserves the right to modify, supplement, or remove the digital content (photographs) provided on the website at any time.
(2) Valid reasons for modifications or removals may include, in particular:
- technical adjustments to new systems or platforms
- adaptation to changed legal requirements
- improvement of the quality or functionality of the content
- removal of content that no longer meets quality standards
- business/operational reasons
- protection of the Provider’s personal rights
- avoidance of legal infringements
(3) For minor changes that do not, or only insignificantly, impair access to or use of the digital content (e.g., replacement of individual photos with new photos, expansion of the offering), no separate notification will be given. The Subscriber has no special right of termination in such cases.
(4) For changes that more than insignificantly impair access to or use of the digital content, the following applies:
- The Provider will inform the Subscriber of the planned change by e-mail at least 14 days in advance.
- The notification will include:
- the type and scope of the change
- the effective date
- notice of the Subscriber’s special right of termination
- The Subscriber has the right to terminate the contract free of charge and with immediate effect if the change more than insignificantly impairs their access to or use of the digital content.
- The special right of termination may be exercised within 30 days of the change taking effect, or, if notice is given only after the change, within 30 days of receipt of the notice.
- Termination must be made in text form (e.g., by e-mail).
(5) Changes to or removal of digital content do not entail any additional costs for the Subscriber.
(6) An impairment that is more than insignificant exists in particular where:
- the scope of available content is reduced by more than 30%
- material functions of the website are restricted
- the quality of the content is significantly reduced
- the usability of the website is materially impeded
(7) The Subscriber has no entitlement to specific content remaining permanently available on the website. The Provider is entitled to remove individual items of content at any time, provided that the overall contractual conformity of the digital service is not thereby impaired.
(8) If a change to or removal of content renders the digital service defective, the Subscriber is entitled to the statutory warranty rights under § 8.
§ 3 Formation of the Contract
(1) The presentation of subscriptions on the website does not constitute a binding offer, but a non-binding invitation to place an order.
(2) By clicking the “Request Private Access” button on the website, the customer submits a binding offer to enter into a subscription agreement.
(3) The contract is concluded upon the sending of a confirmation e-mail or upon activation of access.
(4) The text of the contract is stored by the Provider and sent to the Subscriber, together with these GTC, in text form (e-mail) after conclusion of the contract.
(5) The Subscriber may access, save, and print these GTC on the website at any time.
§ 4 Rights of Use and Restrictions on Use
(1) The Subscriber receives a simple, non-transferable right, limited to the term of the contract, to privately view the content provided.
(2) Any commercial use, reproduction, distribution, making available to the public, or modification of the content is prohibited.
(3) Sharing access credentials with third parties is prohibited.
(4) In the event of a breach of these restrictions on use, the Provider is entitled to block access with immediate effect and to claim damages.
§ 5 Prices and Payment Terms
(1) The prices stated on the website at the time of ordering shall apply.
(2) All prices are gross prices inclusive of statutory value-added tax.
(3) The subscription is billed monthly in advance. Payment is made by PayPal.
(4) The first payment is due upon conclusion of the contract. All subsequent monthly payments are due on the day of the original conclusion of the contract (subscription start date) for the following month.
(5) The Subscriber is obliged to ensure sufficient coverage of their account and/or the validity of their payment details.
(6) Automatic termination upon payment default:
- If a monthly payment due is not received, the subscription is automatically terminated with immediate effect.
- Access to the content is blocked immediately upon determination of the payment default.
- No separate notice of termination is required.
- The Subscriber will be informed of the termination by e-mail.
(7) In the event of payment default, the Provider is entitled to payment for the period during which access was actually usable.
(8) Costs arising from returned direct debits, card blocks, or failed payments shall be borne by the Subscriber, insofar as the Subscriber is responsible for the payment default.
(9) Following automatic termination due to payment default, a new subscription may only be concluded after payment of all outstanding amounts.
§ 5a Price Adjustments
(1) The Provider reserves the right to adjust subscription prices with future effect.
(2) Price adjustments may be made at the earliest 3 months after conclusion of the contract or after the last price adjustment.
(3) Price adjustments are only permitted for objectively justified reasons, in particular:
- an increase in the cost of hosting, servers, or technical infrastructure
- an increase in the cost of payment services
- an increase in statutory levies or taxes
- an increase in the cost of producing the content
- general cost increases in line with inflation
- expansion of the scope of services
(4) Price increases are capped at a maximum of 10% per year, or at the development of the 2020 Consumer Price Index (published by Statistics Austria), whichever value is lower. In the event of cost reductions, the Provider is entitled, but not obliged, to reduce prices accordingly.
(5) The Provider will inform the Subscriber of price adjustments by e-mail at least 30 days before they take effect. The notification will include:
- the new price
- the effective date
- the reasons for the price adjustment
- notice of the special right of termination
(6) In the event of a price increase, the Subscriber has the right to terminate the contract free of charge and without notice period, with effect from the date the price increase takes effect. The special right of termination must be exercised within 30 days of receipt of the notice of the price increase. Termination must be made in text form by e-mail to contact@ilaranoir.com or via the website. If the Subscriber does not exercise the special right of termination, the price increase is deemed accepted and the contract continues at the new price.
(7) If a minimum contract term has been agreed, price increases will only take effect after expiry of that minimum term.
(8) Until a termination or price adjustment becomes effective, the Subscriber remains obliged to pay the previous price.
§ 6 Contract Term and Termination
(1) The subscription is entered into for an indefinite period and may be terminated monthly.
(2) Ordinary termination may be declared by either party with 14 days’ notice to the end of the month.
(3) Termination must be made in text form (e.g., by e-mail to contact@ilaranoir.com) or via the website.
(4) The Provider is entitled to terminate the subscription without notice and with immediate effect if the Subscriber
- publishes or disseminates degrading statements on the website
- makes insulting statements towards the Provider or other users
- posts, disseminates, or makes accessible unlawful content
- violates statutory provisions, in particular criminal law provisions
- seriously breaches the terms of use
- infringes the rights of third parties, in particular personal rights
(5) In the event of extraordinary termination by the Provider:
- access is blocked with immediate effect
- there is no entitlement to reimbursement of amounts already paid
- the Provider reserves the right to assert claims for damages
- the Subscriber may be permanently excluded from re-registration
(6) Extraordinary termination will be communicated to the Subscriber by e-mail.
(7) The statutory right of either party to extraordinary termination for good cause remains unaffected.
(8) In addition to the rights of termination set out in the preceding paragraphs, the Subscriber has a special right of termination in the event of changes to digital content under § 2a(4) and in the event of price adjustments under § 5a(6).
(9) Upon termination of the contract — for whatever reason — the right of use expires entirely and access is blocked.
(10) In the case of ordinary termination by the Subscriber, the contract ends at the end of the paid period. No pro-rata refund will be made.
§ 6a Rules of Conduct for Subscribers
(1) The Subscriber undertakes to observe applicable laws and the rights of third parties when using the website, and in particular when using communication features (comments, messages, reviews, etc.).
(2) The following are prohibited, in particular:
- degrading, insulting, defamatory, or discriminatory statements
- statements of a sexist, racist, or violence-glorifying nature
- threats or harassment
- the dissemination of unlawful content (e.g., content inciting hatred, pornographic content, or content infringing copyright)
- spam or unsolicited advertising
- the distribution of viruses, malware, or harmful links
- sharing access credentials with third parties
- actions likely to impair the functionality of the website
(3) The Provider is entitled to delete or block content that violates these rules of conduct without prior notice.
(4) In the event of serious or repeated violations, the Provider may terminate the subscription without notice under § 6(4).
(5) The Subscriber shall indemnify the Provider against all third-party claims arising from legal infringements caused by content posted or disseminated by the Subscriber. This also includes the costs of legal defense.
§ 7 Warranty
(1) The statutory warranty provisions apply.
(2) The Provider warrants the availability of the website and its content within the scope of technical and operational feasibility.
(3) The Provider gives no guarantee of uninterrupted availability of the website. Maintenance work, system failures, or force majeure may lead to temporary interruptions.
(4) Defects must be reported without undue delay after being discovered.
§ 8 Liability of the Provider
(1) The Provider is liable without limitation for intent and gross negligence, as well as under the provisions of the Product Liability Act.
(2) In cases of slight negligence, the Provider is liable only for breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable damage typical for this type of contract.
§ 9 Data Protection
(1) The Provider processes the Subscriber’s personal data for the performance of the contract pursuant to Art. 6(1)(b) GDPR and to safeguard legitimate interests pursuant to Art. 6(1)(f) GDPR.
(2) Detailed information on data processing, the categories of data processed, recipients, retention periods, and your rights as a data subject is set out in the Privacy Policy, which is also available at https://ilaranoir.com/privacy/.
(3) By concluding the subscription agreement, the Subscriber confirms having taken note of the Privacy Policy.
§ 10 Final Provisions
(1) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(2) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law.
(3) Where the customer is a consumer, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(4) For consumers, the place of jurisdiction for all disputes is, at the consumer’s choice, either the consumer’s place of residence or the Provider’s registered place of business in Austria. For businesses (Unternehmer), the exclusive place of jurisdiction is the Provider’s registered place of business in Austria.
(5) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
(6) Changes to these GTC will be communicated to the customer in text form at least 30 days before they take effect. If the customer does not object to the applicability of the amended GTC within six weeks of receipt of the notice, the amended GTC are deemed accepted. The Provider will specifically draw the customer’s attention, in the notice, to their right to object and the significance of the objection period.
Part B: Special Conditions for Auctions
§ 11 Scope of the Auction Conditions
(1) The following provisions apply in addition to the general provisions in Part A of these GTC to the sale of goods by way of online auction.
(2) To the extent that the following provisions deviate from the general provisions, the auction conditions shall prevail.
§ 12 Subject Matter of the Auction
(1) The Provider auctions new or used items via the website.
(2) The items offered are described in more detail in the respective auction listing. The description includes, in particular, information on the type, condition, and special features of the item.
(3) All information is provided to the best of the Provider’s knowledge. The Provider gives no guarantee as to the completeness or accuracy of the description, unless false information was provided intentionally or through gross negligence.
(4) Photographs included in the auction listing serve illustrative purposes only and do not form part of the contract, unless expressly stated otherwise.
(5) Notice regarding the hygiene seal and the right of withdrawal: Every auction listing clearly states that:
- the goods are delivered in sealed packaging for hygiene reasons
- the right of withdrawal expires upon opening of the seal
- a duty of compensation for use of the goods applies
§ 13 Course of the Auction
(1) Each auction begins at the time stated in the auction listing and ends upon expiry of the stated auction duration.
(2) The minimum bid (starting price) is stated in the auction listing.
(3) Bids may only be placed in the specified minimum bid increments.
(4) Each bid must exceed the current highest bid by at least the specified minimum increment.
(5) The Provider reserves the right to set a minimum sale price (reserve price) for individual auctions, which is not disclosed in the auction listing. If this minimum sale price is not reached, the Provider is not obliged to accept the bid.
(6) For auctions with automatic extension (“soft close”), the auction duration is extended by 5 minutes if a bid is placed in the last few minutes before the auction ends. This will be indicated in the respective auction listing.
§ 14 Placing Bids
(1) Registration and sign-up on the website is required to place bids.
(2) By placing a bid, the bidder submits a binding offer to enter into a purchase contract at the price bid.
(3) By placing a bid, the bidder confirms having taken note of the notices regarding the hygiene seal and the right of withdrawal in §§ 19, 19a, and 19b.
(4) The bidder is bound by their bid until the end of the auction. Withdrawal of a bid is only possible in exceptional cases:
- in the case of obvious input errors (e.g., transposed digits), provided this is reported without delay after the bid is placed,
- in the case of technical malfunctions demonstrated by the bidder,
- if a higher bid has been placed.
(5) The Provider reserves the right to reject or delete bids from bidders where
- the bidder has failed to meet payment obligations in the past,
- there is reasonable suspicion of manipulation or abuse,
- the bidder has violated these GTC.
(6) The Provider is entitled to end or cancel an auction early, in particular where
- the item offered is no longer available,
- there is reasonable suspicion of manipulation,
- the auction listing contains incorrect information,
- legal or technical reasons require it.
(7) In the event of early cancellation, all bids placed become invalid. There is no entitlement to acceptance of a bid or to damages.
§ 15 Acceptance of the Winning Bid and Conclusion of the Contract
(1) The purchase contract is concluded by acceptance of the winning bid. Acceptance is made, upon expiry of the auction, to the highest bidder, provided their bid reaches or exceeds any minimum sale price that may have been set.
(2) The highest bidder will be notified of the acceptance by e-mail. The purchase contract is concluded upon receipt of this e-mail.
(3) The confirmation of acceptance includes a clear notice of:
- delivery in sealed packaging,
- the expiry of the right of withdrawal upon opening of the seal,
- the duty of compensation for use of the goods,
- a link to §§ 19 and 19a of these GTC.
(4) The Provider is not obliged to accept the winning bid where
- the minimum sale price was not reached
- there are reasonable doubts as to the bidder’s reliability or solvency
- the conditions of § 16(5) apply
(5) If acceptance is refused, all bidders will be informed accordingly. There is no entitlement to acceptance of a bid or to damages.
§ 16 Purchase Price and Shipping Costs
(1) The purchase price corresponds to the highest bid at which the item was awarded.
(2) In addition to the purchase price, shipping costs apply, the amount of which is stated in the auction listing.
(3) All prices are gross prices inclusive of statutory value-added tax.
(4) The total price (purchase price plus shipping costs) is shown in the confirmation of acceptance.
§ 17 Payment
(1) Payment of the total price is due within seven days of acceptance.
(2) The following payment methods are accepted: PayPal.
(3) Shipment will only take place once payment has been received in full.
(4) In the event of default of payment, the Provider is entitled to withdraw from the contract and to dispose of the item otherwise. The bidder is liable for the resulting damage, in particular for the difference between their bid and a lower proceeds obtained upon re-auction.
(5) In the event of default of payment, the bidder may be excluded from future auctions.
§ 18 Shipping and Passing of Risk
(1) Shipment takes place, upon receipt of payment, within 3 business days to the delivery address specified by the buyer.
(2) The Provider selects the shipping company and method of shipment, unless otherwise stated in the auction listing.
(3) Laundry items are shipped in sealed packaging for hygiene reasons. The seal is clearly marked as a “hygiene seal” and bears the notice: “No right of withdrawal after opening pursuant to § 18(1) no. 6 FAGG [Austrian Distance and Off-Premises Contracts Act]”.
(4) The risk of accidental loss or accidental deterioration passes to the buyer upon handover of the goods to the shipping company.
(5) Insured shipping is available on request and for an additional fee.
(6) The Provider is entitled to make partial deliveries where the buyer has won bids on multiple items.
§ 19 Right of Withdrawal for Auctions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us by way of a clear statement (e.g., a letter sent by post or an e-mail to contact@ilaranoir.com) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
If you withdraw from this contract, the Provider shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the Provider received notice of your withdrawal from this contract. For this reimbursement, the Provider will use the same means of payment used by you for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees as a result of this reimbursement.
The Provider may withhold reimbursement until it has received the goods back, or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods without undue delay and, in any case, no later than fourteen days from the day on which you notify the Provider of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
Duty to Pay Compensation for Diminished Value
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Important Notice Regarding Hygiene Goods
The auctioned goods are worn laundry items, which are delivered in sealed packaging for hygiene reasons.
To establish the nature of the goods, only an external inspection of the sealed packaging is required. Opening the seal, wearing, washing, or otherwise using the goods goes beyond the handling necessary for inspection.
The right of withdrawal expires upon delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (§ 18(1) no. 6 of the Austrian Distance and Off-Premises Contracts Act — FAGG).
Accordingly, once the seal has been opened, no right of withdrawal exists.
Compensation for Use: If you return the goods despite having opened the seal, or if the goods show signs of use, you are obliged to pay compensation equal to 100% of the purchase price, as the goods are rendered entirely worthless through use.
Further provisions can be found in § 19a of these GTC.
End of withdrawal notice
§ 19a Compensation for Diminished Value upon Withdrawal
(1) Upon exercise of the right of withdrawal, the buyer must pay compensation for any diminished value of the goods resulting from handling that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
(2) The following applies to sealed goods:
- Permitted inspection: The buyer may externally inspect the goods in their sealed packaging, weigh them, and check the packaging for damage. Opening the seal is not necessary for inspection.
- Impermissible handling leading to compensation for diminished value in the case of sealed goods:
- opening the seal (this alone results in the expiry of the right of withdrawal)
- wearing the laundry item
- washing the laundry item
- removing labels
- spraying with perfume or other substances
- any use beyond mere external inspection of the sealed packaging
(3) In the case of impermissible handling under (2)(b), compensation for diminished value amounts to 100% of the purchase price, as the goods are rendered entirely worthless through use and can no longer be resold for hygiene reasons.
(4) The burden of proof that any diminished value did not result from impermissible handling lies with the buyer.
(5) Compensation for diminished value is offset against the buyer’s reimbursement claim. If the compensation exceeds the purchase price, the excess amount must be paid separately.
§ 20 Warranty for Auctions
(1) The statutory warranty provisions for used goods apply.
(2) The auctioned items are used and are sold in the condition in which they exist at the time of acceptance of the bid (“bought as seen”).
(3) The Provider warrants that the goods are free of defects in title and that it holds ownership of the auctioned items.
(4) Material defects should be reported to the Provider as promptly as possible after receipt of the goods, so that the matter can be clarified quickly. This does not affect the buyer’s statutory warranty rights under the applicable statutory periods. For sealed goods, inspection for defects can only take place after the seal has been opened. However, opening the seal results in the expiry of the right of withdrawal under §§ 19 and 19a.
(5) In the case of legitimate defect claims, the buyer is entitled to the statutory warranty rights (repair, replacement, price reduction, rescission).
(6) Warranty is excluded for:
- defects that were disclosed in the auction listing,
- defects arising from the nature of used goods (e.g., normal signs of wear and tear),
- damage resulting from improper handling after the passing of risk,
(7) Special features of hygiene goods: since these are worn laundry items, the following characteristics do not constitute defects:
- odor of body or perfume (provided this was mentioned in the auction listing),
- slight discoloration from wear,
- minimal stretching of the fabric,
- wear on labels.
(8) § 9 of these GTC applies accordingly to claims for damages.
§ 21 Hygiene and Health
(1) All auctioned laundry items have been worn and are not washed prior to shipment, unless expressly stated otherwise in the auction listing.
(2) The Provider expressly points out that worn laundry should be washed for hygiene reasons prior to further use.
(3) The Provider accepts no liability for any health impairments that may result from the use of the auctioned items.
(4) Persons with allergies or skin conditions should refrain from purchasing, or should thoroughly clean the goods before use.
(5) The Provider confirms that, at the time of shipment, it is free of infectious diseases.
§ 22 Data Protection for Auctions
(1) The following personal data is processed for participation in auctions:
- registration data (name, e-mail address, username, date of birth)
- bid data (bid amount, time)
- upon acceptance: delivery address, payment data
(2) The legal basis for processing is performance of the contract pursuant to Art. 6(1)(b) GDPR.
(3) The data is stored for the duration of the auction and, in the event of acceptance, for the duration of the statutory retention periods.
(4) Photographic documentation of the sealed goods and shipping packages is retained for 3 years and serves as evidence in disputes concerning the right of withdrawal.
(5) In all other respects, the Privacy Policy available on the website applies, at the following link: https://ilaranoir.com/privacy/
§ 23 Special Obligations of the Buyer
(1) The buyer undertakes to use the auctioned items exclusively for private purposes.
(2) Commercial resale or public display of the auctioned items is prohibited without the Provider’s prior written consent.
(3) The buyer is not entitled, without the Provider’s consent, to publish photos or descriptions of the auctioned items on social media or other platforms if this could establish a connection to the Provider.
(4) In the event of a breach of these obligations, the Provider is entitled to exclude the buyer from future auctions and to demand injunctive relief and damages.
§ 24 Exclusion of Bidders
(1) The Provider is entitled to exclude bidders from participating in auctions without giving reasons.
(2) Exclusion may occur, in particular, in the case of:
- repeated default of payment,
- violation of these GTC,
- abusive use of the auction function,
- insulting or harassing behavior,
- suspicion of manipulation or fraud,
- abusive exercise of the right of withdrawal (e.g., repeatedly opening the seal and then withdrawing).
(3) There is no entitlement to participate in auctions.
§ 27 Exclusion of Liability for Technical Malfunctions
(1) The Provider accepts no liability for technical malfunctions affecting participation in auctions, in particular:
- server outages,
- internet connection problems,
- malfunctions of the auction software,
- delays in the transmission of bids.
(2) This does not apply insofar as the malfunction was caused by the Provider intentionally or through gross negligence.
(3) In the event of technical malfunctions that make the proper conduct of an auction impossible, the Provider is entitled to cancel and restart the auction.
§ 28 Final Provisions for Auctions
(1) The general final provisions under § 10 of these GTC apply in addition to auctions.
(2) In the event of conflicts between the general provisions and the auction conditions, the auction conditions shall prevail.
(3) The provisions regarding the hygiene seal and the exclusion of the right of withdrawal in §§ 19 and 19a form an essential part of the purchase contract. By placing a bid, the buyer confirms having taken note of and understood these provisions.
General Terms and Conditions — English translation, non-binding — Last updated 1 July 2026 — German original governs