Terms and Conditions

The original AGB's were written in German. Please note that errors in grammar, spelling, interpretation, and opinion may occur in translations.

I. SCOPE OF APPLICATION

1.1. This website is operated by Artheo OG. Throughout the website, the terms ‘we’, ‘us’ and ‘our’ refer to Artheo OG. Artheo OG offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2. These General Terms and Conditions (GTC) govern the contractual relationship between Artheo OG (hereinafter: Artheo) and you as a user of the online shop under the domain artheokids.com. You can access the currently valid GTC via the corresponding link on artheokids.com. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. These GTC apply regardless of whether you are a consumer or a business entity.

1.3. All deliveries, services, and offers on artheokids.com are made exclusively on the basis of these GTC. Deviating terms and conditions of the user do not apply unless expressly confirmed in writing by Artheo.

II. CONCLUSION OF CONTRACT

2.1. The presentation of goods on artheokids.com does not constitute a binding offer by Artheo to conclude a purchase contract. The presentation is only a non-binding invitation for you to order goods on artheokids.com. The offer is only addressed to adult buyers.

2.2. The goods selected by you for purchase are collected in a virtual shopping cart. After providing your payment and shipping information, you submit a binding offer to Artheo for the conclusion of a purchase contract for the goods in the shopping cart by clicking the "Pay now" button. Before concluding the contract, you have the opportunity to review and, if necessary, correct or supplement your information. Before sending the order offer, the customer is asked to confirm that he has read and accepted the GTC.

2.3. After you have clicked the "Pay now" button, we will confirm the receipt of your order by email to the email address you provided (confirmation of receipt). Receipt of this email does not constitute an acceptance of the order.

2.4. The purchase contract between you and Artheo is concluded when Artheo accepts your offer within two weeks after receipt of the order by express declaration by email (acceptance declaration). The purchase contract is concluded only upon receipt of the acceptance declaration. The dispatch of the goods ordered by you and the confirmation of dispatch (dispatch confirmation) to the delivery address provided by you are equivalent to an acceptance declaration by Artheo. There is therefore no contract between the customer and the seller until the order offer is expressly confirmed by the seller by sending the acceptance declaration. The online purchase contract (hereinafter ‘contract’) is then deemed to have been concluded (‘contract conclusion date’): From this point onwards, the order offer is simply referred to as an ‘order’.

2.5. If it is not possible for us to deliver the goods you ordered because the corresponding goods are no longer available or damaged, we will refrain from accepting the order. In this case, no purchase contract with Artheo is concluded. We will inform you immediately and refund any consideration already received.
2.6. Artheo does not provide for separate storage of the contractual text. The content results from the confirmation email, the acceptance declaration, and these GTC.

2.7. Order process:
Once you have selected the product(s) you wish to purchase, you can add them to your shopping basket without obligation by clicking on the [Add to cart] button. You can view the contents of the shopping basket at any time without obligation by clicking the [View cart] button. You can remove products from the shopping basket at any time by clicking the [Remove Item] button. If you wish to purchase the products in your shopping basket, click the [Check out] button. At this point you can login as a registered customer or continue as a guest. Please enter your details here. For future orders, all you need to do is enter the login and password you chose when you first registered. Your details will be encrypted for transmission. Once you have entered your details, you can select your preferred payment method under the Payment section. By clicking on the [Pay now] button, you will be taken to a page of the relevant payment service provider and complete the order process by entering the required details. The order process can be cancelled at any time by closing the browser.

2.8. Contract language: 
The content of the contract, all other information, customer service and complaint handling are offered in German throughout.

III. PRICES AND SHIPPING COSTS

3.1. All prices on artheokids.com are understood to include the statutory value-added tax and plus shipping costs when shipped to a country of the European Union. If the delivery country is not a member state of the European Union (third country), the prices on artheokids.com may include duties and other taxes.

3.2. The amount of the shipping costs depends on the delivery country and the selected shipping method. The purchase price including information on value-added tax as well as the available shipping methods and their costs will be displayed to you in the ordering process and can be read in advance under “Shipping & Returns”. The total price charged to the selected payment method is displayed in the electronic invoice.

3.3. Discount codes 
According to our General Terms and Conditions, the use of a discount code is only possible once per purchase and per customer. Any other redemption conditions are noted in the respective promotion and are accepted by the customer. Please note that only one discount code can be used per order. It is not possible to combine different discount codes or to take customer discounts into account. It is also not possible to pay out the value of the discount codes in cash or to offset them in any other way. Certain promotional vouchers may be subject to restrictions and apply to certain collections, goods or a minimum order value. All of this is described in the terms and conditions of the promotion and cannot be changed or extended at a later date. Discount codes may not be passed on to third parties. The validity of the discount codes is also linked to the customer data or e-mail addresses to which they were issued.

In the event that individual products are returned in conjunction with discount codes, a percentage refund will be granted. The refund will be based on the value of the goods and the discount amount or percentage discount stated in the offer. In the case of orders of several items, there is no entitlement to the full discount deduction for a partial return. The return period is 14 days from receipt of the goods.

IV. PAYMENT TERMS

4.1. Artheo offers you various payment options for paying for your goods, but there is no entitlement to be offered all or certain payment methods. If the payment transaction is processed through an external payment provider (e.g., Sofortüberweisung), only the terms and conditions of use of the respective payment system provider apply for the payment transaction.

Accepted payment methods:
Visa
Mastercard
Paypal
Amex
Maestro
Sofortüberweisung
Quick Checkout (Apple Pay, Google Pay)

4.2. You are generally not entitled to set off against claims of Artheo. This set-off prohibition does not apply in the event of insolvency of the entrepreneur. It also does not apply with respect to counterclaims of the customer that are legally related to the customer's obligation or that have been judicially established or recognized by Artheo.

4.3. You may only exercise a right of retention against Artheo if your counterclaim arises from the same purchase contract.

4.4. The statutory (default) interest rate for consumers is 4% (percentage points) per annum. The statutory default interest rate "between entrepreneurs from commercial transactions" (= bilateral commercial transactions) is 9.2% "above the base rate".

4.5. In the event of default in payment, the customer shall be obliged to reimburse all reminder and collection expenses incurred by the seller as a result of this default in payment that are necessary for appropriate legal prosecution. The seller reserves the right to claim higher damages caused by default.

V. DELIVERY TERMS

5.1. Unless otherwise stated on artheokids.com, the products will be shipped to the delivery address of your choice. We will endeavour to deliver the products listed in the Dispatch Confirmation on the delivery date specified therein or, if no delivery date is specified, within the estimated time indicated when the shipping method was selected and in any event within a maximum of 30 days from the date of the Dispatch Confirmation. In the event that the information provided by the customer is incorrect, incomplete or unclear, the customer shall bear all costs arising therefrom.

5.2. The goods are shipped with the Austrian Post.

5.3. If you request delivery to a country outside the European Union (third country), customs duties and other taxes may apply once the purchased goods have reached the destination country. Artheo has no influence on this.

5.4. The shipping costs vary depending on the country of delivery and can be found at “Shipping & Returns” on our website.

5.5. Artheo is entitled to make partial deliveries, provided that this is reasonable for you.

5.6. Transfer of risk for deliveries to consumers as defined by the Consumer Protection Act: When the goods are dispatched, the risk of loss or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party other than the carrier designated by the consumer. However, if the consumer has concluded the contract of carriage himself, without making use of the option proposed by us, the risk passes to the carrier as soon as the goods are handed over.

VI. CONSUMER'S RIGHT OF WITHDRAWAL

6.1. If you acted as a consumer when the purchase contract concluded between you and Artheo, you are entitled to the following statutory right of withdrawal according to KSchG:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is 

- in the case of a sales contract, 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.
- in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
- in the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.
- in the case of a contract for the regular delivery of goods over a fixed period, fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.

To exercise your right of withdrawal, you must inform us:

Artheo OG, Tuchlauben 7a, 1010 Vienna, Austria

E-Mail: hola@artheokids.com

by means of a clear statement (e.g., by email) of your decision to withdraw from this contract. You can use our model withdrawal text, but this is not required:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
Web order number _________________
Ordered on _________________________ 
Received on ________________________
Name ______________________________
Address ____________________________
Delivery address  ___________________

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods. The goods must be returned in suitable packaging. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

General Return Address:

MyPlace Selfstorage
z.H. ARTHEO OG
Heiligenstädterstraße 62
1190 Vienna
Austria

Exceptions to the right of withdrawal:
The consumer has no right of withdrawal in the case of distance contracts or contracts concluded outside business premises, in particular for: Goods that are made to customer specifications or clearly tailored to personal needs; Goods that can spoil quickly or whose expiry date would quickly be exceeded; Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; Sound or video recordings or computer software delivered in a sealed package if the seal has been removed after delivery.

VII. RETENTION OF TITLE

The delivered goods remain the property of Artheo until the purchase price has been paid in full.

VIII. WARRANTY PERIOD

Artheo is liable for defects in the delivered goods in accordance with applicable statutory provisions.

IX. LIABILITY

9.1. Artheo is liable to you for intent and gross negligence in accordance with the statutory provisions. For slight negligence, Artheo is liable – unless otherwise provided in section 9.2 – only for breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you as a user or buyer may regularly rely (so-called cardinal obligation), limited to the replacement of foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of section 9.2.

9.2. Artheo's liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.

X. COPYRIGHTS

Please note that the content on artheokids.com, especially images, logos, manufacturer information, and texts, is generally protected by copyright and/or trademark law. 

XI. CONSUMER INFORMATION WITHIN THE EU

For out-of-court settlement of consumer disputes, the European Commission has established an online platform ("ODR platform") to which you can address for the purpose of out-of-court dispute resolution. You can find the platform at "https://ec.europa.eu/consumers/odr/". 

Another option for out-of-court dispute resolution is the arbitration procedure of the Internet Ombudsman (www.ombudsmann.at). You can find more information about the different types of procedures at www.ombudsmann.at.

We are generally willing to participate in dispute resolution proceedings before a consumer arbitration board.

XII. MISCELLANEOUS

12.1. Our business relationship is governed exclusively by Austrian law, excluding the UN Sales Convention and the reference norms.

12.2. If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the consumer's domicile, habitual residence or place of employment is located shall have jurisdiction to hear any action against the consumer; this shall not apply to disputes which have already arisen. If the consumer's place of residence is outside Austria but within the European Union, the place of jurisdiction shall be the consumer's place of residence.

For contracts with companies, the registered office of the seller is agreed as the place of jurisdiction.

12.3. The language of the contract, orders, and business is German. English content is presented on our website under the domain artheokids.com. Please note that errors in grammar, spelling, interpretation, and opinion are reserved in translations.

12.4. The place of fulfilment of the contract is the registered office of the seller.

12.5. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

12.6. Applicable law provides that some of the information or communications we send to you must be in writing. By using this website, you accept that most communication with us will be by electronic means. We will contact you by email or send you information by posting notices on this website. For contractual purposes, you agree to this form of electronic communication and acknowledge that all contracts, notices, information and other communications that we provide to you in electronic form shall be deemed to fulfil the legal requirement that such communications be in writing. Your statutory rights remain unaffected by this provision.

Complaints can only be made in writing to the address listed below in the "Contact" section.

CONTACT REGISTERED OFFICE:
Artheo OG
Tuchlauben 7a
A-1010 Vienna
E-Mail: office@artheokids.com