Terms of service
TERMS AND CONDITIONS
1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.bartosart.com and related pages, (the “Website”). The General Conditions are only applicable for Customers that are consumers.
1.2
bARTos Design reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3
bARTos Design shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. bARTos Design is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, bARTos Design will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to bARTos Design continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function or origin of the product. bARTos Design is not responsible for any information by third parties provided for on the Website.
1.4
The Website and all its content are owned by bARTos Design or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of bARTos Design.
2. CONTRACTS AND ORDERS
2.1
In order to place an order through bartosart.com, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to bARTos Design`s Privacy Policy.
2.2
A purchase agreement is concluded when bARTos Design has confirmed the Customer’s order and the Customer has received an order confirmation from bARTos Design via e-mail. bARTos Design encourages the Customer to save the order confirmation for any future contacts with bARTos Design`s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by bARTos Design. If the order is cancelled, bARTos Design will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
3. CUSTOMER INFORMATION ETC.
3.1
When the Customer registers its user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about our processing of personal data is set forth in bARTos Design`s Privacy Policy, which constitutes an integral part of these General Conditions.
3.2
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify bARTos Design without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.
3.3
If we suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, bARTos Design is entitled to block the Customer’s access to its user account. bARTos Design is furthermore entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
4.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in € (Euro) and do not include payment- and shipping fees, which are given separately. 25% VAT is included in the product price for the EU countries. VAT is not included in non-EU countries.
4.2
The Customer can pay for its purchase in the manner specified on the Website. bARTos Design is entitled to charge the Customer already in connection with the order. We reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the website.
5. SPECIAL OFFERS
bARTos Design may from time to time provide special offers on bartosart.com which may have more favorable conditions than those set forth in these General Conditions, e.g. regarding payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by bARTos Design in connection therewith. We reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
6. COMPETITIONS
6.1
To participate in any competition provided by bARTos Design you must be aged 18 and over. Employees at bARTos Design cannot participate in any competition held by bARTos Design.
6.2
The winner will be selected by an independent jury of three from our marketing department. Full details of the judging process and the names of the members of the jury are available on request by emailing bartosart.design@gmail.com. The jury's decision cannot be appealed. When choosing the winner, the jury will be looking for the best contribution (whatever it might be, depending on the competition).
6.3
The winner will be announced on our social media where the competition is being held and asked to contact us for further information. The prizes cannot be exchanged, transferred or returned and cannot be redeemed by you for cash or any other prize. You must pay all other costs associated with the prize and not specifically included in the prize. We retain the right to substitute the prize with another prize of similar value in the event that the original prize offered is not available.
7. DELIVERY AND SHIPPING
7.1
Products in stock are normally delivered within the number of working days set forth on the website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after bARTos Design has confirmed the order in writing through the order confirmation.
7.2
The expected delivery time is set forth in the order confirmation and on the current product page on the website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
7.3
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. bARTos Design is entitled to charge the Customer a fee of amount of the order if the package is not retrieved.
8. RIGHT OF WITHDRAWAL
8.1
When purchasing products on the Website the Customer has a 30-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying bARTos Design accordingly within 30 days from when the Customer or its representative received the product ordered (withdrawal period).
8.2
By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.
8.3
In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of withdrawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A seal shall also include any technical seal (e.g. serial number).
8.4
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to bARTos Design in the manner set forth here. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.
8.5
If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when bARToS Design was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to bARToS Design in accordance with the methods and directions set forth on the Website. Depending on the destination, customers may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etc. The aforementioned fees are the sole responsibility of the customer/buyer, even in case of forced return, i.e. prior to the parcel being delivered to the customer. If you require more information on this, please promptly contact our customer support team.
8.6
When the Customer withdraws its purchase, bARToS Design will refund the amount the Customer has paid for the product. Upon return of part of an order, the shipping costs will not be refunded. bARToS Design is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
8.7
bARToS Design will pay back the amount without undue delay, however, no later than within 14 days from the date bARToS Design received the Customer notification of withdrawal. However, bARToS Design may delay repayment until bARToS Design has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
9. WARRANTY AND COMPLAINTS
9.1
bARTos Design`s products are subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
9.2
The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact bARTos Design, as soon as possible after the defect was discovered, using the contact information set forth on the bartosart.com.
9.3
bARTos Design will not carry the cost for the return freight for any approved complaints.
9.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, bARTos Design will refund the Customer in compliance with applicable consumer protection legislation. We strives to do so within 30 days from receipt of the complaint by bARTos Design, but it may be delayed depending on the nature of the product. bARTos Design reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
10. LINKS
bARTos Design may provide links to other websites beyond the control of bARTos Design and websites beyond the control of bARTos Design may provide links to the Website. Even if we attempts to ensure that we only provides links to websites which applies similar personal data- and security provisions pursuant to our Privacy Policy, bARTos Design is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
11. FORCE MAJEURE
bARTos Design is not liable for any delays caused by circumstances beyond our control, e.g. general labor dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, bARTos Design shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and bARTos Design are entitled to terminate the purchase with immediate effect.
12. CHANGES TO THE GENERAL CONDITIONS
bARTos Design reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the bartosart.com. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after bARTos Design has informed the Customer of the changes. However, we recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.