Terms of service

Table of Contents

Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Artigo Wohndesign GmbH (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods and/or services presented in the Seller's online shop. Any contrary terms and conditions of the Customer are excluded unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers unless otherwise expressly stipulated.

1.3 A consumer, within the meaning of these GTC, is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur, within the meaning of these GTC, is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business, or profession when concluding a legal transaction.

2. Conclusion of the Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer regarding the goods and/or services in the shopping cart by clicking the button that concludes the order process. Offers can also be submitted to the Seller via email or telephone.

2.3 The Seller may accept the Customer's offer within five days by:

Sending the Customer a written order confirmation or a confirmation in text form (e.g., by email), whereby the receipt of the order confirmation by the Customer is decisive;
Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive; or
Requesting payment from the Customer after the order has been placed.

The contract is concluded at the time when one of these alternatives occurs first. The acceptance period begins on the day following the dispatch of the Customer's offer and ends on the fifth day thereafter. If the Seller does not accept the Customer's offer within this period, this is deemed a rejection, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing will be handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"). The applicable terms of use can be found at PayPal User Agreement. If the Customer uses a payment method provided by PayPal, the Seller declares acceptance of the Customer's offer at the time when the Customer clicks the button to complete the order process.

2.5 When an offer is made via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer along with these GTC in text form (e.g., by email) after the order is submitted. Additionally, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected account.

2.6 Before submitting a binding order through the Seller's online order form, the Customer can identify input errors by carefully reading the displayed information on the screen. A useful technical tool for error recognition is the browser's zoom function. The Customer can correct their entries during the ordering process until clicking the button to complete the order.

2.7 The language available for the contract conclusion is German.

2.8 Order processing and communication typically occur via email. The Customer must ensure that the provided email address is accurate and that emails from the Seller can be received.

3. Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Detailed information about the right of withdrawal can be found in the Seller's withdrawal policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices displayed are total prices, including statutory VAT. Additional shipping costs are specified separately.

4.2 Customers can choose from various payment methods indicated at the beginning of the order process in the online shop.

4.3 For advance payments, the amount is due immediately after the contract is concluded.

4.4 Payment via "SOFORT" is processed by SOFORT GmbH. To pay using "SOFORT," the Customer must have an active online banking account and authorize the payment via "SOFORT."

4.5 Payments via "Shopify Payments" are processed by Stripe Payments Europe Ltd., with additional terms available online.

4.6 Payments through PayPal may involve additional third-party services for certain payment methods, such as installment plans, subject to a credit check.

4.7 Payments by credit card are handled either by PAYONE GmbH or Stripe, with amounts charged immediately after order submission.

4.8 Credit Card Payment via Stripe

When selecting the payment method "Credit Card via Stripe," the invoice amount is due immediately upon conclusion of the contract. The payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to perform a credit check and to refuse this payment method if the credit check results negatively.

5) Delivery and Shipping Terms

5.1 The delivery of goods is carried out via shipping to the address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 For goods delivered by freight forwarding, the delivery is "free curbside," meaning up to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or unless otherwise agreed.

5.3 If the shipping company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered performance, unless the seller had informed them about the performance in advance within a reasonable time. This also does not apply to shipping costs if the customer effectively exercises their right of withdrawal. Regarding the return costs, the provisions in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.4 In the case of self-pickup, the seller will first inform the customer via email that the goods they ordered are ready for pickup. After receiving this email, the customer can arrange to pick up the goods at the seller’s location. In this case, no shipping costs will be charged.

5.5 Vouchers will be provided to the customer as follows:

Via email

6) Retention of Title

If the seller makes an advance performance, they retain ownership of the delivered goods until the full payment of the purchase price and all related costs and expenses have been made.

7) Warranty (Liability for Defects)

Unless otherwise stated in the following provisions, the statutory regulations on warranty apply. The following applies to contracts for the delivery of goods:

7.1 If the customer acts as a business,

The seller has the choice of the type of subsequent performance.
The warranty period for new goods is one year from the delivery of the goods.
For used goods, rights and claims due to defects are excluded.
The statute of limitations does not restart if a replacement delivery is made within the warranty.

7.2 The above-mentioned liability restrictions and limitation periods do not apply to:

Claims for damages or reimbursement of expenses by the customer,
If the seller has fraudulently concealed the defect,
For goods that have been used for a construction project in accordance with their usual purpose and caused the defect of the building,
For any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any existing legal recourse claims remain unaffected.

7.4 If the contract is a business transaction for both parties within the meaning of Section 343 (2) of the Austrian Commercial Code (AT-UGB), the customer is obligated to inspect the goods and notify the seller of any defects in accordance with Section 377 AT-UGB. If the customer fails to notify the seller of defects as stipulated, the goods are considered approved.

7.5 If the customer acts as a consumer, they are requested to report any visible transport damage to the carrier upon delivery and to inform the seller. Failure to do so will not affect their statutory or contractual claims for defects.

8) Redemption of Gift Vouchers

8.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

8.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiration date.

8.3 Gift vouchers can only be redeemed before completing the order process. Retroactive offsetting is not possible.

8.4 Multiple gift vouchers can be redeemed for one order.

8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

8.6 If the value of the gift voucher is insufficient to cover the total order, the customer can choose one of the other payment methods offered by the seller to pay the difference.

8.7 The balance of a gift voucher will neither be paid out in cash nor earn interest.

8.8 The gift voucher is transferable. The seller can perform with liberating effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller knows or is grossly negligent in not knowing the lack of entitlement, legal capacity, or the absence of authorization of the holder.

8.9 If the customer returns goods paid for entirely or partially with a gift voucher under their statutory right of withdrawal, the amount will be refunded as a gift voucher. If the paid gift voucher is returned unused under the statutory right of withdrawal, the customer will be refunded the purchase price of the gift voucher.

9) Applicable Law

For all legal relationships between the parties, the law of the Republic of Austria applies, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence.

10) Alternative Dispute Resolution

10.1 The European Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.