General Terms and Conditions ArtZard Webshop
- Definitions
ArtZard: ArtZard partnership
Customer: Each natural or legal person to whom ArtZard makes an offer to the delivery of products or services as well as the person with whom an agreement will be concluded to the delivery of products or services.
- Identity1.1 ArtZard is an international partnership under the laws of the Republic of Armenia
1.2 ArtZard has its representative office in Cyprus. The e-mail address is info@artzard.com
- Application of these General Terms and Conditions
- These General Terms and Conditions are applicable to all agreements concluded by ArtZard, including the sales through the web shop and other distribution channels.
2.2 Deviations of these General Terms and Conditions or additions hereto, are only valid if this is agreed in writing.
- Offers, designated offers and prices
3.1 All offers and/or designated offers are non-binding, unless stated otherwise. The stated prices apply for delivery from the address of ArtZard to the addressed stated by the customer when ordering. Shipment by DataPost is included. Costs of other or more expensive shipment are for the account of the customer
3.2 ArtZard describes the product offering with care, and makes thereby use of product images. Since the products are all hand-made, small differences in the design are possible
3.3 Data on the website and in printed works, mailings, advertising expressions and price lists are subject to changes, changes in price and model as well as typing and printing errors are reserved.
3.4 Any import duties and VAT levied in the country of the customer, are for the account of the customer.
- The agreement
4.1 The agreement is concluded if the customer agrees with the offer and the related General Terms and Conditions on the website, by ordering one or more products and making the payment. If for any reason, ArtZard is not able to deliver the product, the customer will be notified and the purchase price will be refunded.
4.2 All agreements will be concluded on the basis of the prices in force on the time of conclusion.
- No right of recall
5.1. All products made by ArtZard are handmade and only produced upon request of a specific customer. Under the laws of Armenia, there is no right of recall or reconsideration applicable, notwithstanding the right of the customer to make a reclamation about a product.
- Delivery
6.1 The shipment takes place in the manner stated by ArtZard. If the customer wishes to receive a shipment otherwise, then the related extra costs shall be for his account.
6.2 ArtZard is authorized to deliver an order with several products in parts. ArtZard shall notify the customer hereof timely in writing.
6.3 If the delivery experiences delay with more than 6 weeks, or if an order cannot or only partially be executed, then the customer will receive hereof notification no later than 30 days after he has placed the order. The customer has in that case the right to dissolve the agreement without costs, and the amount paid by the customer shall be refunded.
6.4 The risk of damaging and/or missing of products lies with ArtZard until the moment of delivery to the delivery address stated by the customer, unless agreed otherwise in writing.
- Payment
7.1 Insofar not otherwise set forth in the agreement or additional terms and conditions, the amounts due by the customer must be paid at the conclusion of the agreement.
7.2 The customer has the duty to report incorrect matters in provided or stated payment data to ArtZard.
7.3 If the customer does not timely comply with his payment obligation(s), then he is, after he has been pointed by ArtZard to the too late payment and ArtZard has granted the customer a term of 14 days to comply after all with his payment obligations, after the absence of payment within this 14-days-term, liable to pay over the yet due amount the interest by law and ArtZard is authorized to bring the out-of-court collection costs made by it, into account. These collection costs amount to a maximum of:
- 15% over outstanding amounts up to € 2,500. –;
- 10% over the following € 2,500. — and
- 5% over the following € 5,000. — with a minimum of € 40.–. ArtZard B.V. can deviate, for the benefit of the customer, from the amounts and percentages.
- Warranty
8.1 On the products delivered by ArtZard a sellers’ warranty of 1 year is applicable, unless explicitly stated otherwise.
8.4 If the customer wishes to make a claim under the sellers’ warranty, then he reports this as soon as possible in writing to ArtZard.
- Liability
9.1 ArtZard is not liable for the costs, damages and interests that might arise as a direct or indirect consequence of:
- Force Majeure, such as described further in these General Terms and Conditions.
- Acts or omissions of the customer, his subordinates, or other persons.
- Omissions of the customer in the maintenance of the delivered products.
- Normal wear and tear to the delivered product as a consequence of daily use.
- Inexpert or improper use of the delivered products.
- Any external cause
9.2 Each liability of ArtZard is explicitly limited to the maximum of the amount that in the concerned case has been invoiced by ArtZard,
9.3 ArtZard is never liable for indirect damage, including consequential damage, enterprise damage, missed profit, missed savings and damage by enterprise or other stagnation.
- Force Majeure
10.1 Under Force Majeure will be understood in these General Terms and Conditions, in addition to what is understood in the law and jurisprudence, all external cause, foreseen or not-foreseen, on which ArtZard can exercise no influence, but because of ArtZard is not able to comply with its obligations. ArtZard has also the right to claim Force Majeure, if the circumstance that hinders (further) compliance with the agreement, emerges after ArtZard should have complied with its legal obligation.
10.2 ArtZard can during the period that the Force Majeure continues suspend, the obligations from the agreement. If this period lasts longer than two months, then each of the parties is authorized to dissolve the agreement, without obligation to compensation of damage to the other party.
10.3 If ArtZard at the time of the emergence of Force Majeure has by then partially complied with its obligations from the agreement, or shall be able to comply with these, and to the part complied with respectively to be complied with, an independent value belongs, then ArtZard is authorized to invoice the part already complied with respectively to be complied with, separately.
- Applicable law
11.1 Solely the Laws of the Armenia are applicable to all legal relations to which ArtZard is a party is, also if execution is given to a legal obligation in whole or in part abroad or if the (other) party involved in the legal relation has residence there. The applicability of the Vienna Purchase Treaty is excluded.
11.2 Disputes will be resolved by the competent court in Armenia or by arbitration.
11.2 Parties shall firstly turn to the courts or to arbiters after they have made an ultimate effort to resolve a dispute in mutual consultation.