| |
|
|
| |
1. Applicability |
|
| |
These terms and conditions are applicable, in the version valid at the time the order is placed, for all types of goods and services provided to customers by Artedona AG, Gut Keferloh 1 a, 85630 Grasbrunn, (“Artedona”), unless the sales contract or other agreement concluded by and between Artedona and its customer (“agreement”) contains written provisions to the contrary. Any other statements or communications to be provided shall be valid only if made in writing. |
|
| |
|
|
| |
2. Orders and Agreement |
|
| |
All offers made by Artedona are without obligation. A binding agreement is made between Artedona and the customer when the customer places an order and Artedona delivers the merchandise. |
|
| |
|
|
| |
3. Order cancellation |
|
| |
The customer may cancel the order within two weeks without stating a reason. The customer shall do so in writing (f.ex. by e-mail, fax or letter), or – if the order has already been dis-patched – by returning the merchandise within two weeks of receipt. The cancellation rules and period valid in the customer’s country of residency shall apply. It is sufficient if the cancellation is sent by the deadline to:
• Mail: Artedona AG, Gut Keferloh 1 a, 85630 Grasbrunn, Germany
• Fax: +49 (89) 45 69 20 77
• E-Mail: service@artedona.com
Returns policy: If the customer cancels the order, he must return the merchandise and he shall be refunded the purchase price that was paid, but not the shipping cost that may have been paid. For orders with merchandise value of EUR 40 or less, the customer shall pay the regular cost of the return shipment. However, Artedona shall pay the cost of the return shipment if the merchandise value is greater than EUR 40 or, regardless of the merchandise value, if Artedona does not provide the agreed merchandise but rather merchandise of equivalent quality and price. For instructions on how to return merchandise to Artedona, please refer to the Artedona website or contact our customer service.
The following merchandise may not be returned:
• Merchandise prepared according to customer specifications (such as engraving)
• Merchandise that at the time of ordering was not offered on the Artedona website and that has
been ordered solely by request of the customer.
• Merchandise that by its nature is not suitable for return.
The cancellation right does not apply to commercial customers. |
|
| |
|
|
| |
4. Delivery terms |
|
| |
Artedona delivers immediately available merchandise with in 3 (three) business days to the address named by the customer. The delivery time for merchandise which is not in stock depends on the product concerned and is shown for each product on the Artedona website. Orders are primarily shipped with UPS. The shipping cost policies for the respective destinations are described on the Artedona website. If the expected delivery date cannot be met, Artedona will notify the customer and inform him of the new estimated delivery date. Artedona is entitled to fulfill the order in partial deliveries. Artedona reserves and retains the right not to fulfill the order if the ordered merchandise is not available at all or at the proper time, or cannot be delivered due to lack of quality. In this case, Artedona will notify the customer without delay and refund any payment already made. |
|
| |
|
|
| |
5. Prices |
|
| |
The prices for products, services and shipping appearing in the price booklets and on the Artedona website for the respective countries of destination shall be applicable. For EU countries and Switzerland, the prices include VAT at the rate required by law. For Switzerland and the USA, the prices include customs handling fees and customs duties. For information on the handling of taxes and customs duties for all other non-EU countries, please refer to the “Customer service” section on the Artedona website.
|
|
| |
|
|
| |
6. Payment and Payment delay |
|
| |
Artedona offers the following payment methods: Credit card, prepayment, direct debit (only within Germany) and cash on delivery (only within the EU). For credit card and direct debit payments, the invoice amount will be charged on the day the merchandise is shipped. For orders on account, payment is due in full within 14 days of receipt of the merchandise and the invoice, unless explicitly agreed otherwise. If the customer enters payment arrears, Artedona reserves and retains the right to charge interest on arrears at a rate three points above the current base interest rate. |
|
| |
|
|
| |
7. |
|
| |
Set-off and the assertion of retention rights (including commercial rights) are permissible only if the underlying counterclaims are uncontested or have been adjudicated finally and absolutely. |
|
| |
|
|
| |
8. Warranty |
|
| |
Artedona warrants its goods and services within the scope of statutory provisions. Any defect must be reported without delay. In the event of a warranty claim, Artedona reserves the right to either repair or replace merchandise supplied by Artedona that turns out to be defective. If such steps are unsuccessful the customer shall be entitled, at his election, to reduce the price paid for such merchandise or to rescind the order for the faulty merchandise. |
|
| |
|
|
| |
9. |
|
| |
Warranted characteristics must in any case be explicitly stated by Artedona. Product presentations on the website may differ from the actual item in colour and general impression. |
|
| |
|
|
| |
10. Liability |
|
| |
Artedona, its employees and agents shall not have any contractual or non-contractual damage compensation duty unless the damage is due to gross negligence or intent. If a material contractual duty is violated, Artedona shall be liable even in cases of slight negligence; in any case, liability shall be limited to the financial injury which Artedona must have foreseen -- at the time the agreement was made -- as a possible consequence of violating the agreement. Any product liability claims shall remain unaffected by the pre-ceding limitations. |
|
| |
|
|
| |
11. Data protection |
|
| |
The personal information required for administration of the agreement shall be provided by the customer. The personal information necessary for transaction settlement shall be stored and, if applicable, forwarded to third parties as part of ordinary order processing. For credit-check purposes concerning customers based in Germany, Austria or Switzerland, Artedona exchanges data with Infoscore Consumer Data GmbH and, where applicable, receives information regarding credit standing on the basis of mathematical-statistical methods from informa Unternehmensberatung GmbH, both at Rheinstr. 99, 76532 Baden-Baden, Germany.
Artedona shall be required to treat all personal information as confidential and to protect it from unauthorized access.
The use of address data for marketing purposes is solely permitted for Artedona and its affiliated companies. Customers can object to the use of their addresses for marketing purposes by notifying Artedona. |
|
| |
|
|
| |
12. Limitation period |
|
| |
Any damage compensation claims against Artedona, with the exception of damage claims in tort, shall become time-barred according to the statutory provisions, but no later than two years after the goods or services are provided on which the claim is based. Compensation claims due to possible consequential damage from defects -- except claims in tort -- shall become time-barred six months after the devolution of risk. |
|
| |
|
|
| |
13. Title reservation |
|
| |
The merchandise remains the property of Artedona pending payment in full. The customer is required to notify Artedona without delay in case of any attachment by third parties upon the merchandise subject to title reservation (reserved merchandise), specifically judicial-enforcement measures or other seizures, and of any damage occurring to the reserved merchandise. If the merchandise is delivered to a country in which the above title reservation is not enforceable in toto, the customer shall be required to provide Artedona with equivalent security. |
|
| |
|
|
| |
14. Assignment and transfer |
|
| |
The customer shall only be entitled to assign and transfer the rights under the agreement -- with the exception of payment claims -- with Artedona’s prior consent. Such consent may only be withheld for good cause. |
|
| |
|
|
| |
15. Copyright |
|
| |
All photographs are protected by copyright laws. They may not be used without the prior written permission of Artedona AG. |
|
| |
|
|
| |
16. Place of fulfillment |
|
| |
Place of fulfillment is Grasbrunn near Munich. |
|
| |
|
|
| |
17. Jurisdiction and venue |
|
| |
In case of any disputes arising from or in connection with the agreement or these terms and conditions, the courts of Munich shall have exclusive jurisdiction and venue if the customer is a merchant or a legal entity under public law. |
|
| |
|
|
| |
18. Severability |
|
| |
Should one or more provisions of the agreement or of these terms and conditions be or become invalid or unfeasible, this shall not affect the validity of the remaining provisions. |
|
| |
|
|
| |
19. Choice of law |
|
| |
The contractual relations between the parties are subject to and shall be construed in accordance with German law, excepting the U.N. convention on the international sale of goods.
For all dealings with consumers, the statutory rules effective in the consumer’s country of residency shall apply and will be honoured by Artedona. |
|
| |
|
|
| |
20. Legal notice |
|
| |
Artedona AG
Gut Keferloh 1 a
85630 Grasbrunn / Munich
Germany
Tel.: +49 (89) 45 69 20-0
Fax: +49 (89) 45 69 20-77
E-mail: service@artedona.com
District court of Munich: HRB 127425
Registered office: Grasbrunn
VAT ID number: DE812779422
CEO: Petra Beyer
Chairman of the Supervisory Board: Klaus Luft |
|
| |
|
|
| |
August 2008 |
|
| |
|
|
| |
|
|
