Scope

These terms and conditions apply to all purchases made by private customers at ArasyemsArt.

Private customers, in this context, are individuals with a residence and delivery address in the Republic of Austria and all other member states of the European Union, as long as the goods they order cannot be attributed to their commercial or independent professional activity.

 

Conclusion of Contract

The presentation of our products and the opportunity to place an order represent a specific offer from 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 via email at the email address you provided.

Prices and Shipping Costs

The marked prices are final prices, including value-added tax. The amount shown at the time of the 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 in case of a return made by you in exercising your right of withdrawal. When exercising your right of withdrawal, shipping costs apply.

Payment

Payment is made upon delivery using:

- Apple Pay

- Google Pay

- Credit card

- Direct debit

Payment Default

If you are in payment default, ArasyemsArt is entitled to demand default interest at a rate of 5 percentage points above the base interest rate announced by the Austrian National Bank (OeNB) at the time of the order. If ArasyemsArt can demonstrate a higher default damage, they are entitled to claim it.

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 attack) permanently makes delivery or any other performance impossible, ArasyemsArt is exempt from the obligation to perform. Any amounts already paid will be promptly refunded by ArasyemsArt.

(3) ArasyemsArt may also refuse performance to the extent that it would require an effort that is grossly disproportionate to the customer's interest in the performance of the purchase contract, considering the content of the contract and the principles of good faith. Any amounts already paid will be promptly refunded by ArasyemsArt.

Shipping Method for Returns

(1) Please use the original packaging if possible when returning the goods and accessories, even if it is damaged by an opening for a functional check.

(2) Please use the return address and method of shipment as indicated in the imprint and use the same shipping method you received your shipment from us.

Rights in Case of Defects

(1) A product that is defective at the time of delivery (warranty case) will be replaced or properly repaired by ArasyemsArt at the customer's choice at the expense of ArasyemsArt (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed-upon quality at the time of the risk transfer. A warranty case is particularly not given 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 (especially extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) ArasyemsArt also does not provide a warranty for a defect that has arisen due to improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance desired 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 purchase item in a defect-free condition, the significance of the defect, and whether the other type of subsequent performance can be resorted to without significant disadvantages to 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) In the case of both repair and replacement, the customer is obliged to send the product to the return address specified by ArasyemsArt, at the customer's expense, with the order number. The customer must remove items inserted by them from the product before returning it. ArasyemsArt is not obligated to examine the product for the installation of such items. ArasyemsArt is not liable for the loss of such items unless it was readily apparent to ArasyemsArt that such an item had been inserted into the product upon the return of the product (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 create separate backup copies of the system software, applications, and all data on a separate data carrier, if necessary, and deactivate all passwords. ArasyemsArt does not assume liability for data loss. It is also the customer's responsibility, after the repaired product or replacement product has been returned to them, to install the software and data and reactivate passwords.

(5) If the customer returns the goods to obtain a replacement product, the return of the defective product is governed by the following terms: If the customer was able to use the goods without defects between delivery and return, the customer must reimburse the value of the benefits derived. The customer must pay compensation for a loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods, during the period between the delivery of the goods and the return of the goods. The customer is not required to compensate for the deterioration of the goods caused by their proper use. The obligation to pay compensation does not apply for 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 remodeling,
2. b) ArasyemsArt is responsible for the deterioration or loss, or the damage would have occurred at ArasyemsArt as well,
3. c) The deterioration or loss occurred at the customer's premises, although the customer exercised the care customary 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 result in a product in a contractual condition within a reasonable period.

(8) In addition, claims against the manufacturer may exist under a warranty provided by the manufacturer, which are subject to the corresponding warranty conditions.

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

Liability

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

(2) Regardless of Ar

asyemsArt's fault, liability by ArasyemsArt remains unaffected if there was willful concealment of a defect or the assumption of a guarantee. The manufacturer's warranty is a guarantee provided by the manufacturer and does not constitute an assumption of a guarantee by ArasyemsArt.

(3) ArasyemsArt is also responsible for the accidental impossibility of delivery during its default, unless the damage would have occurred even in the case of timely delivery.

(4) Personal liability of ArasyemsArt's legal representatives, agents, and employees for damages 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 usual residence remain unaffected.

Jurisdiction

If, contrary to your information provided when ordering, you do not have a residence in the Republic of Austria or if you change your residence abroad after the conclusion of the contract or if your residence is unknown at the time of filing a lawsuit, Vienna is the place of jurisdiction for all disputes arising from or in connection with the contractual relationship.

Dispute Resolution

General information obligations regarding alternative dispute resolution according to 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 not obligated and not willing to participate in a dispute resolution procedure 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 contract as a whole will not be affected, provided that this does not unfairly disadvantage one of the contracting parties.

(2) Changes or additions to this contract require written form.