Terms & Condition

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Cancellation Period: the period within which the consumer can make use of their right of withdrawal;

Customer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-Term Transactions: a distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over a longer period;

Durable Medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to dissolve the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance Contract: a contract where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

Technology for Distance Communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.

General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Trade Name: Artist of Homes
Business Number (BN): 876543210
Tel: +1 (579) 900-4411
E-Mail: info@artistofhomes.com
Physical address: Cozy Corner Lane 197, Toronto, Ontario, M5V 1A1, Canada (No visitor's address)

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur, as well as to every distance contract and order that is concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the request of the consumer.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the Agreement and these General Terms and Conditions will otherwise remain in effect and the provision in question will be replaced without delay by a provision that approaches the original as closely as possible in terms of scope.

Situations not covered by these General Terms and Conditions should be assessed 'in the spirit' of these General Terms and Conditions.

Any ambiguities about the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted 'in the spirit' of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of the products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

the price, excluding clearance costs and import taxes. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special arrangements for postal and courier services in connection with import. This procedure applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (possibly together with the collected clearance costs) from the recipient of the goods;

any shipping costs;

the way in which the agreement will be concluded and what actions are required for this;

whether or not the right of withdrawal is applicable;

the method of payment, delivery, and execution of the agreement;

the period for accepting the offer or the period within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular basic rate for the used communication means;

whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer;

the way in which the consumer can check and, if desired, rectify the data provided by them in the context of the agreement before the conclusion of the agreement;

all other languages in which the agreement can be concluded other than English;

the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; And

the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, material type.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse a request or order, stating reasons, or to attach special conditions to the execution.

With the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales services;
the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provisions of the previous paragraph apply only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the respective products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This withdrawal period starts on the day after the consumer or a pre-designated representative announced to the entrepreneur receives the product.

During the withdrawal period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 5 days. The consumer must prove that the delivered goods were returned on time, for example, through proof of shipping. Please note that returns must be sent back to our supplier in China at the consumer's expense.

If the consumer has not expressed their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiration of the terms mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 5 days after receiving the goods.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal.
for hygiene products where the consumer has broken the seal.

The exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the withdrawal period has expired;
for bets and lotteries.

Article 9 – The Price

During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that the stated prices are target prices are mentioned in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
The consumer has the right to terminate the agreement from the day on which the price increase takes effect.

The place of delivery is in accordance with article 5, paragraph 1 of the VAT Act 1968 in the country where the transport starts. In this case, this delivery takes place outside the EU. The postal or courier service then collects the VAT or clearance costs from the customer. Therefore, no VAT is charged to the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations that exist on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

The defectiveness is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when accepting and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 5 days after receipt of goods.

If delivery of a product proves to be impossible, the entrepreneur will strive to make a replacement article available. At the latest at the time of delivery, it will be stated clearly and understandably that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Completion

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of up to one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;

at least terminate in the same way as they were entered into by them;

Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A definite-term agreement that extends to the regular delivery of products (including electricity) or services cannot be tacitly renewed or renewed for a definite period.

Contrary to the previous paragraph, a definite-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines can be tacitly renewed for a definite period of up to three months if the consumer can terminate this renewed agreement by the end of the renewal with a notice period of up to one month.

A definite-term agreement that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of up to one month and a notice period of more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A definite-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period has expired.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If the entrepreneur considers a complaint to be justified, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Canadian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.