TERMS & CONDITIONS
General Conditions
Business processing and delivery take place exclusively in accordance with the following general terms and conditions in the version applicable at the time of the order. Terms and conditions of the customer that conflict with or deviate from the following provisions do not apply. The following terms and conditions also apply if we carry out the delivery and service without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
Contractual partner, language, applicable law
Contract partner is www.anima-arte.com. The contract language is English / German. Austrian law applies to the exclusion of the UN sales law.
Conclusion of contract
Your order represents an offer to us to conclude a purchase contract. When you place an order at www.anima-arte.com, we will send you an email confirming that we have received your order (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we send the ordered product to you and confirm the shipment to you with a second email (shipping confirmation). No sales contract is concluded for products from the same order that are not listed in the shipping confirmation.
Delivery
Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. You will find information on the availability of goods for the individual products on the website. It should be noted that all information on the availability, shipping or delivery of a product are only approximate information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
If, while processing your order, www.anima-arte.com determines that the products you have ordered are not available, you will be informed separately by email. If www.anima-arte.com is unable to deliver the ordered goods through no fault of its own, because the supplier of www.anima-arte.com does not fulfill its contractual obligations, www.anima-arte.com is entitled to withdraw from the contract with the customer. In this case the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected. If delivery to the purchaser is not possible because the purchaser cannot be found at the delivery address specified by him, the purchaser bears the costs for the unsuccessful delivery.
Due date and payment, default
The customer can pay the purchase price by direct transfer, credit card or PayPal. Payment must be made in the currency shown on the invoice. Www.anima-arte.com will not start shipping the ordered products until your credit card company has approved the use of your credit card to pay for the ordered products. The ordered products will be sent to the address given in the order confirmation.
Price
All prices include the applicable taxes. Delivery costs are listed separately.
Retention of title
The delivered goods remain the property of www.anima-arte.com until they have been paid for in full.
Warranty
If there is a defect in the purchased item, the statutory provisions apply. The assignment of these claims by the customer is excluded. If the supplementary performance has been made by means of a replacement delivery, the customer is obliged to return the goods initially delivered within 10 days.
The return of the defective goods must take place in accordance with the statutory provisions. www.anima-arte.com reserves the right to claim damages under the statutory conditions. The limitation period is two years, calculated from delivery.
Furthermore, www.anima-arte.com is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which you regularly rely. In this case, however, www.anima-arte.com is only liable for the foreseeable, contract-typical damage.
www.anima-arte.com is not liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of www.anima-arte.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Force majeure
In the event that force majeure or other circumstances beyond our control prevent us from fulfilling our obligations under a contract, we assume no liability. If there is a delay in cases of force majeure or other circumstances beyond our control, we will fulfill our obligations as soon as it is reasonably possible under these circumstances.
Bearing of risk for delivery to consumers in terms of the KSchG
When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier designated by him. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier when the goods are handed over.
Right of withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving reasons. However, this does not apply if the product was specially manufactured according to customer requirements.
In the case of contracts for the delivery of goods, the withdrawal period begins on the day on which the consumer or a third party named by him, who is not the carrier, gains possession of the goods. In the case of a contract for several goods that are ordered in a single order and delivered separately, from the day on which the consumer or a third party named by him, who is not the carrier, takes possession of the last goods.
Withdrawal from the contract is excluded for goods that are manufactured according to customer specifications, that are tailored to personal needs and that are not suitable for return due to their nature (eg. digital products).
The declaration of withdrawal is not bound to any form, but the declaration of withdrawal must be made known to www.anima-arte.com by means of a clear declaration, e.g. by post, telephone, email, etc.
It is sufficient if the declaration of withdrawal is sent within the withdrawal period.
If the consumer withdraws from the purchase contract, www.anima-arte.com has the payments made by the consumer step by step against receipt of the goods or corresponding proof of the return of the goods including delivery costs (with the exception of the additional costs resulting from the fact that the Consumer has chosen a different type of delivery than the cheapest standard delivery offered by www.anima-arte.com). The condition for this is that the goods are in an unused and new, resalable condition. For delivery addresses in non-EU countries, www.anima-arte.com must also be reimbursed for any consumer taxes / customs duties that were triggered by the return.
The consumer has to bear the costs of the return. If the goods are not accepted by the consumer, www.anima-arte.com is entitled to deduct the costs of the return from the refundable purchase price.