- “Company” “our”, ”we” or “us” means Artisans net GmbH, registered at Vienna Commercial court, follows the terms and regulations of the Austrian Government and commercial law in Vienna with the company registration number FN 519043 z;
- “These Terms” means these terms and conditions;
- “User” “you” or “your” means the person, natural person or legal entity, who makes use of the Website;
- “User Accounts” means the account that you will be required to open when registering for use of the Website in order to purchase any item advertised on the Website, and containing any personal information deemed necessary by the Company, including, but not limited to full name, payment information, shipping address, telephone numbers and email addresses; and
- “Website” means the website situated at https://artisans-net.com
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.
- This website is operated by the Company and offers the information, tools and service to you in accordance with the terms set out hereunder.
- Your access and use of the Website constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and The Company. If you do not agree to these Terms, you may not access or use the Website. These Terms expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Website or any portion thereof, at any time for any reason.
- Supplemental terms may apply to theWebsite. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the Website. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Website.
- The Company may amend the Terms related to the Website from time to time. Amendments will be effective upon The Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the Website. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
- The Website is an online store, accordingly, to purchase items advertised through the Website you will be required to open a User Account . Alternatively you will have the option to check out without creating an account.
- As at the date of these Terms, payment may be made, free of any set off or deduction in the following methods: VISA, Mastercard, American Express, PayPal, or other methods as may be determined by the company from time to time. The company may use various payment gateways in order to facilitate payments, including but not limited to Stripe, as may be determined by the company from time to time.
- Prices of the items are sold exclusive of delivery charges, and, in the event of international sales, exclusive of import duties and taxes of which we have no liability and control over. Delivery charges shall, however, be quoted prior to purchase.
- It is further your express liability to determine the costs of any import duties which may be payable on your purchases.
- Prices are subject to vary and change based on various factors such as availability and demand and the country of the customer, however, the price of items purchased are fixed, subject to these Terms.
- Payment Authority. You expressly warrant, confirm and represent to the Company that you are the lawful owner of any credit/debit cards, used to make purchases on the Website, alternately, that you have the express written consent of the lawful owner of the aforementioned credit/debit cards.
- Credit/debit card holders are subject to validation checks by the issuer, accordingly, should the issuer fail to approve any payments made on the Website, you specifically indemnify and hold the Company harmless for any liability arising therefrom.
- You further agree that by using the Website, the third parties, made reference to in Paragraph 3.8 may be granted access to all relevant information contained in your User Account, for the purposes of facilitating any payment. Should you not consent to making such information available as required herein, then you shall not be granted access to the Website.
- Items on the Website can be purchased in EUR.
- From time to time promotions or discounts may be applied to certain items, however, promotional offers and discounts are only applicable during the period of the promotional offer or discount. Any offer, discount or promotional code applied cannot be redeemed against any other discounted item.
- Your use of the Website
- User Accounts. In order to use the Website, you must register for and maintain an active User Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain aUserAccount.UserAccount registration requires you to submit to The Company certain personal information, such as your name, address, mobile phone number and age, as well as one valid paymentmethod, where the Company charges for access to the Websiteas referred to under paragraph 3 (“Charges”) above. You agree to maintain accurate, complete, and up-to-date information onyour Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Website or The Company’s termination of these Terms with you. You are responsible for all activity that occurs under yourUserAccount, and you agree to maintain the security and secrecy of your User Account username and password at all times.
- Warranty of Authority. You warrant that you are legally and lawfully competent to agree to these Terms and are possessed of the necessary rights, power and authority to legally bind yourself to these terms.
- All orders are subject to availability and acceptance. Items in your shopping basket are not reserved and may be purchased by other customers.
- Items advertised on the Website are handmade, and items delivered may differ from the advertised images upon delivery.
- Delivery of the items are subject to our express acceptance of the order, irrespective of whether payment has been made or not.
- For illustrative purposes, items may no longer be in stock due to the last unit of that item being sold, unexpected limits or delays from our suppliers or the Company being unable to fulfill your delivery deadline.
- You will be notified by email when an order has been placed and again when it has been dispatched, together with a tracking number for the shipment.
- No other party is authorised to accept an order on behalf of the Company, including, but not limited to our suppliers, couriers or payment processors.
- Acceptance of orders are subject to our sole and absolute discretion, and, may be rejected for any reason whatsoever, including:
- where payment authorisation cannot be obtained;
- shipping restrictions apply to the purchased items;
- the item does not meet our minimum quality control standards; and
- there was a pricing error in respect of the items purchased.
- Should an order be rejected by the Company for any reason whatsoever, you specifically indemnify and hold the Company harmless against any liability arising therefrom.
- Should payment have been made and the items are no longer available for any reason whatsoever, you shall be refunded as soon as we are able to effect the refund. Where a refund is granted by the Company and the items are in transit then the refund shall be granted upon receipt of the items.
- Ownership in purchased items shall be passed on the date of receipt of payment in full and delivery.
- Should a third party, authorised by you to accept delivery, sign for receipt of the items then ownership, liability and responsibility of the goods shall have passed to you.
- Should you advise our appointed courier to deliver the goods to a location where there may not be a party who can sign for delivery, then ownership, liability and responsibility over the goods shall also be deemed to have passed to you.
- Refunds and Cancellation Policy
- You may a request a refund or exchange of your item, within 14 days from the receipt of your order, excluding any shipping prices paid by you.
- The Company reserves the right to deduct from any reimbursement, the loss in value of any item, caused by damage or handling of such item.
- No exchange or return will be offered on any discounted items, including any promotional discounts.
- Personal Information
- Intellectual Property
- All intellectual property rights in the Website and published on it are owned by us and/or our licensors. All such rights are reserved.
- You cannot modify any content obtained from the Website, including, any videos, images, illustrations, graphics or texts, for any reasons whatsoever. Should you wish to use any part of the content of the Website, you may only do with the express written consent of the Company.
- ARTISANS-NET and its associated logos, images and marks are trademarks owned by the Company and may not be used without our prior written approval
- User Content
- From time to time, the Company permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content“).
- You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
- By submitting User Content, you represent and warrant to the Company that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize The Company to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate The Company’s Acceptable Use Policy set forth below.
- The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein. The Company reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. The Company has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. The Company takes no responsibility for User Content.
- Social Media Usage
- By using #artisansnet, @artisansnet and any other similar social media tag in any way related to any of the Company, its website and social media accounts, each user agrees to provide the Company with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s), video(s) and any other media in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images, videos and any other media do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.
- Acceptable Use Policy
- By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant The Company all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including The Company; (iv) impersonate any person or entity, including but not limited to, a representative of The Company, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
- You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
- Restricted Activities
- Users shall not under any circumstances:-
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;
- grant or sell access to a third party to access your User Account, or impersonate or act as another User;
- contravene any laws in the use of the Website;
- link to, mirror or frame the Website or any portion thereof;
- remove any copyright, trademark or other proprietary notice from any portion or aspect of the Website;
- reproduce, modify, distribute, licence, sub-licence, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by the Company;
- use the Website in a way that infringes any third party’s intellectual property rights; and
- use any robot, spider, site search/retrieval Website, or other manual or automatic or process to retrieve, index, scrape, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
- Your User Account may be restricted, or terminated, without any further notice, on the following bases:
- Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or any governmental organization; or
- Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.
- Force Majeure
The Company will not be held liable for any loss, damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Termsshall mean any event that is beyond reasonable control of The Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer viruses breach of security and encryption or any other cause beyond the control of The Company.
SERVICES OBTAINED THROUGH THE WEBSITEISPROVIDEDON AN“AS IS”, “WITH ALL FAULTS”AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANYDISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANYMAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITEOR ANY ITEMSREQUESTEDOR PURCHASEDTHROUGH THE USE OF THE WEBSITE, OR THAT THE WEBSITEWILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify the company and its officers, directors, employees and representatives from all claims, losses, liabilities and costs (including legal fees) arising from or on connection with:
- Your use of the company’s website;
- Your breach or violation of any of these conditions; or
- Your violation of the rights of third parties.
- Warranties and guarantees
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found in the product and on the special information pages in the online shop.
18. Conflict Resolution
The European Commission provides a platform for online conflict resolution (OS), which can be found here http://ec.europa.eu/consumders/odr/. The company is not obliged nor willing to participate in a dispute settlement procedure in front of a consumer arbitration board.
19. Other Provisions
- Claims of Copyright Infringement
Claims of copyright infringement should be sent to The Company’s designated email address.Please visit The Company’s web page at https://www.artisans-net.com/contact/ for the designated email address and additional information.
The Company may give notice by means of a general notice on the Website, electronic mail to your email address in yourUserAccount, or by written communication sent to your address as set forth in yourUserAccount. You may give notice to The Company by written communication to The Company’s email address at https://www.artisans-net.com/contact/
- You may not assign or transfer these Terms in whole or in part without The Company’s prior written approval. You give your approval to The Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of The Company’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, The Company or any third party provideras a result of the contract between you and The Company or use of the Website.
- If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”