Scope

These terms and conditions apply to all purchases that private customers make from ArasyemsArt.

In this context, private customers are natural persons with a place of residence and delivery address in the Republic of Austria or any other member state of the European Union, provided that the goods they order cannot be attributed to their commercial or self-employed professional activity.

 

Conclusion of Contract

The presentation of our products and the option to place an order constitute a specific offer by us to conclude a purchase contract.

By placing your order, you accept the offer, and the purchase contract is concluded.

You will receive an order confirmation by email at the email address you provided.

Prices and Shipping Costs

The prices shown are final prices including value added tax. The amount displayed at the time of your binding order applies. Shipping costs are added depending on the shipping method and the size and weight of the goods you order. You can find details under "Shipping Methods". We do not cover the regular costs of returning the goods if you return them in exercising your right of withdrawal. If you exercise your right of withdrawal, shipping costs apply.

Payment

Payment is made upon delivery using:

- Apple Pay

- Google Pay

- Credit card

- Direct debit

Late Payment

If you are in default of payment, ArasyemsArt is entitled to charge default interest at a rate of 5 percentage points above the base rate published by the Austrian National Bank (OeNB) at the time of the order. If ArasyemsArt can prove greater damage caused by the default, it is entitled to claim this.

Right of Retention

The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address provided by the customer within the European Union and Switzerland.

(2) If force majeure (natural disasters, war, civil war, terrorist attacks) permanently renders delivery or any other performance impossible, ArasyemsArt is released from its obligation to perform. ArasyemsArt will promptly refund any amounts already paid.

(3) ArasyemsArt may also refuse performance to the extent that it would require an effort grossly disproportionate to the customer's interest in the performance of the purchase contract, taking into account the content of the contract and the principles of good faith. ArasyemsArt will promptly refund any amounts already paid.

Shipping Method for Returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened to check that the item works.

(2) Please use the return address and shipping method stated in the legal notice, and use the same shipping method with which you received your shipment from us.

Rights in Case of Defects

(1) If a product is defective at the time of delivery (warranty case), ArasyemsArt will, at the customer's choice, replace it or properly repair it at ArasyemsArt's expense (subsequent performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time the risk passed. In particular, there is no warranty case in the following cases:

1. a) Damage caused by misuse or improper use by the customer,
2. b) Damage caused by exposing the products to harmful external influences (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Nor does ArasyemsArt provide a warranty for a defect that has arisen as a result of improper repair by a service partner not authorised by the manufacturer.

(3) If the type of subsequent performance chosen by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the price of the product, taking into account the content of the contract and the principles of good faith – in particular the value of the purchased item in a defect-free condition, the significance of the defect and whether the other type of subsequent performance can be used without significant disadvantages for the customer – the customer's claim is limited to the other type of subsequent performance. ArasyemsArt's right to refuse this other type of subsequent performance under the aforementioned conditions remains unaffected.

(4) For both repair and replacement, the customer is obliged to send the product, at the customer's expense and quoting the order number, to the return address specified by ArasyemsArt. Before returning the product, the customer must remove any items they have inserted into it. ArasyemsArt is not obliged to check the product for such items. ArasyemsArt is not liable for the loss of such items unless it was readily apparent to ArasyemsArt on return of the product that such an item had been inserted into it (in which case ArasyemsArt will inform the customer and hold the item for the customer to collect at their own expense). Furthermore, before sending a product for repair or replacement, the customer should, where applicable, make separate backup copies of the system software, applications and all data on a separate storage medium and deactivate all passwords. ArasyemsArt accepts no liability for loss of data. It is also the customer's responsibility to reinstall the software and data and reactivate passwords once the repaired or replacement product has been returned to them.

(5) If the customer returns the goods in order to receive a replacement product, the following terms apply to the return of the defective product: if the customer was able to use the goods free of defects between delivery and return, the customer must reimburse the value of the benefits derived. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect, and for the impossibility of returning the goods, during the period between delivery and return of the goods. The customer is not required to pay compensation for deterioration of the goods caused by their proper use. The obligation to pay compensation does not apply to the return of a defective product in a warranty case if:

1. a) The defect giving rise to the right of withdrawal only became apparent during processing or remodelling,
2. b) ArasyemsArt is responsible for the deterioration or loss, or the damage would also have occurred at ArasyemsArt,
3. c) The deterioration or loss occurred with the customer, although the customer exercised the care they customarily apply in their own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return is governed by the statutory provisions.

(7) The customer may, at their discretion, withdraw from the contract or reduce the purchase price if repair or replacement delivery does not produce a product in the contractually agreed condition within a reasonable period.

(8) In addition, there may be claims against the manufacturer under a guarantee given by the manufacturer, subject to the corresponding guarantee conditions.

(9) ArasyemsArt's statutory warranty expires two years after the delivery of the goods. The period begins when the goods are received.

Liability

(1) In the case of slight negligence, ArasyemsArt is liable only for breaches of essential contractual obligations, and its liability is limited to foreseeable damage. This limitation does not apply to injury to life, body or health. ArasyemsArt is not liable for any other damage caused by slight negligence resulting from a defect in the purchased item.

(2) Regardless of fault on the part of ArasyemsArt, ArasyemsArt's liability remains unaffected in the case of wilful concealment of a defect or the assumption of a guarantee.

The manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute the assumption of a guarantee by ArasyemsArt.

(3) ArasyemsArt is also liable for accidental impossibility of delivery while it is in default, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of ArasyemsArt's legal representatives, vicarious agents and employees for damage caused by slight negligence is excluded.

Applicable Law

The contract concluded between you and ArasyemsArt is exclusively subject to the law of the Republic of Austria, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Jurisdiction

If, contrary to the information you gave when ordering, you do not have a place of residence in the Republic of Austria, or if you move your residence abroad after the contract has been concluded, or if your residence is unknown at the time the action is filed, Vienna is the place of jurisdiction for all disputes arising from or in connection with the contractual relationship.

Dispute Resolution

General information obligation regarding alternative dispute resolution under the Alternative Dispute Resolution Act (AStG):

The European Commission provides an online dispute resolution platform (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, the validity of the rest of the contract will not be affected, provided that this does not unfairly disadvantage one of the contracting parties.

(2) Amendments or additions to this contract must be made in writing.