Terms of use of the ARVEN website (arven.at)

1.    Introduction

The purpose of this document is to regulate the use of the arven.at website (hereinafter referred to as the Website) and the ARVEN online store (hereinafter referred to as the Store) owned by ARVEN. These Terms of Use (hereinafter referred to as the Terms) are a legally binding agreement between each user of the Website (hereinafter referred to as the User) and the Store. The use of the Website, including browsing, registration, placing orders and any other interaction, means the User's full and unconditional consent to these Terms. The Terms have been developed in accordance with the legislation of the European Union, in particular the E-Commerce Directive 2000/31/EC, the Consumer Rights Directive 2011/83/EU, the General Data Protection Regulation (GDPR) 2016/679 and other relevant regulations. Emphasising the legal binding nature of these provisions and their compliance with European Union law from the outset sets the tone of this document as serious and authoritative. Users should understand that this is not just an informational text, but a legal agreement governing their interaction with the Website. The reference to specific EU directives adds weight to the document and demonstrates its legal validity, confirming that the Store is committed to the highest standards of consumer protection and transparency in doing business in the online environment.

2.    General terms of use of the website

○     Acceptance of the Terms of Use by the User.

By continuing to use the Website, the User confirms that he/she has read, understood and agreed to all the provisions of these Terms. If the User does not agree with any part of these Terms, he/she must immediately stop using the Website. This provision is key to ensuring the legal force of the agreement, as it establishes that the actual use of the Website is considered as the User's unconditional consent to the rules set out.

○     Intellectual property rights (content, trademarks).

All content posted on the Website, including texts, graphics, logos, icons, photographs, video, audio, software and other materials (hereinafter referred to as the "Content"), is the property of ARVEN or its licensors and is protected by copyright, trademark and other intellectual property rights. The ARVEN trademarks, service marks and logos used on the Website (the "Trademarks") are registered or unregistered trademarks of ARVEN and may not be used without the prior written consent of ARVEN. Users are granted a limited, non-exclusive, revocable licence to access and use the Website for personal, non-commercial purposes in accordance with these Terms. Any copying, reproduction, distribution, modification, public display or other use of the Content or Trademarks without the prior written consent of ARVEN is prohibited. Clearly defining intellectual property rights protects businesses from unauthorised use of their content and brand. By indicating that all content is owned by ARVEN or its licensors and protected by the relevant laws, the store prevents its illegal copying and use. The prohibition on the use of the Trademarks without consent strengthens brand protection, ensuring its recognition and reputation in the market.

○     Permitted and prohibited use of the Website.

Users may use the Website only in a lawful manner and for the purposes provided for in these Terms. It is forbidden to use the Website for any illegal purposes, including, but not limited to, infringement of intellectual property rights, distribution of malicious software, fraud, collection of personal data of other users without their consent. Users are responsible for any content they post on the Website (for example, reviews) and guarantee that this content does not violate the rights of third parties and complies with applicable law.ARVEN has the right to remove any content posted by Users that violates these Terms or the law. Establishing clear rules regarding the permitted and prohibited use of the Website helps to maintain a safe and legal environment for all users. By defining what is considered unacceptable use, ARVEN prevents misuse and violations of the law on its website. This also gives the store the right to take action against violators, including blocking accounts and passing information to law enforcement agencies if necessary.

3.    Terms and conditions of ordering

○     Ordering process.

To place an order, the User shall select the goods, add them to the basket and go through the ordering procedure following the instructions on the Website. Before confirming the order, the User shall carefully read the description of the goods, their price, delivery cost and other terms of sale. By clicking the "Buy" or similar button in the shopping cart, the User makes an offer to purchase the selected goods on the terms and conditions specified on the Website and in these Terms. This process ensures that the User has a clear understanding of what goods they are ordering, at what price and under what conditions.

○     Information on prices and payment.

All prices for goods on the Website are indicated in [EURO] and include value added tax (VAT) at the rate established by law if the User is located in the EU. The cost of delivery is not included in the price of the goods and is calculated separately at the time of placing the order, depending on the chosen delivery method and the User's address. Information about the cost of delivery is displayed before the User confirms the order or after communication with the Store manager. The Store accepts payment for the order [by the available payment method on the website: bank cards, payment systems ... etc.] The User undertakes to pay for the order in full when placing the order or in another way provided by the Store. The Store uses secure payment processing methods to protect the financial information of the Users. Providing full information about prices, including VAT and shipping costs, as well as available payment methods, ensures transparency of the ordering process for Users. In accordance with the Consumer Rights Directive, sellers are obliged to clearly inform consumers about the full cost of goods, including all taxes and fees. This helps to avoid misunderstandings and hidden costs, promoting trust between the Store and the Users.

○     Confirmation of the order and conclusion of the agreement.

After placing an order, the User receives an automatic email confirmation of receipt of the order to the email address provided by the User. This confirmation does not constitute acceptance of the order by the Store. The sale and purchase agreement between the User and the Store shall be deemed concluded from the moment the goods are sent to the User and the corresponding electronic message (confirmation of sending) is sent or from the moment the goods are actually transferred to the User. The Store reserves the right to reject the order in cases including, but not limited to, the absence of goods in the warehouse, an error in the price or description of the goods, suspected fraudulent actions. In case of rejection of the order, the Store shall notify the User thereof and refund the paid funds. The distinction between confirmation of receipt of the order and confirmation of dispatch of the goods is important for determining the moment of conclusion of the contract and the rights of the parties. From a legal point of view, the User's offer is accepted by the Store only after confirmation of the dispatch of the goods. Until this moment, the Store has the right to reject the order, which allows avoiding legal conflicts in case of impossibility to fulfil the order for objective reasons.

4.    Terms of delivery of goods

○     Territory and terms of delivery.

The Store delivers goods within the territory of the European Union. Estimated delivery times are indicated on the Website when placing an order and after communication with the Store manager and may depend on the chosen delivery method and the User's address. The Store makes every effort to comply with the specified delivery times, but is not responsible for delays caused by circumstances beyond its control (for example, actions of carriers, customs procedures, force majeure). Informing the Users about the delivery area and estimated time is an important part of the transparency of online trading. Although the Store strives to ensure timely delivery, there are external factors that may affect this process, and Users should be informed about this.

○     Delivery cost.

The cost of delivery is calculated when placing an order based on the selected delivery method, weight and dimensions of the goods, as well as the User's delivery address. For clarification in an uncertain situation with delivery, we recommend that you contact the Store manager in a way convenient for the User. Usually, information about the cost of delivery is displayed before the User confirms the order.The Store may offer free shipping when a certain order amount is reached. The terms of free delivery are indicated on the Website. Clearly defining the cost of delivery and the terms of its provision is important to avoid misunderstandings with Users. The calculation of the cost based on various parameters ensures accuracy and transparency, and the possibility of free delivery for a certain order amount may be an additional advantage for Users.

○     User's obligations upon receipt of the goods.

Upon receipt of the goods, the User is obliged to check the integrity of the packaging and the absence of visible damage to the goods in the presence of a delivery service representative. In case of any damage to the packaging or the goods, the User shall draw up a relevant report together with the delivery service representative and notify the Store within the established time limit. The risk of accidental loss or damage to the goods shall be transferred to the User from the moment the delivery service transfers the goods to the User. A clear definition of the User's obligations upon receipt of the goods helps to resolve possible disputes regarding damage or loss of the goods during delivery. By requiring the User to check the goods upon receipt and draw up an act in case of damage, ARVEN minimises the risks associated with transportation and ensures that any possible problems are properly recorded, which is important for both the Store and the User.

5.    Terms of return and exchange of goods (Right of withdrawal)

○     Right to withdraw from the contract (30-day period).

In accordance with the EU Consumer Rights Directive, the User has the right to withdraw from a sales contract concluded remotely (via the Website) without giving any reason within 30 calendar days from the date of receipt of the goods. In order to exercise the right of withdrawal, the User must notify the Store of his/her decision in writing (e.g. by e-mail) or communicate via the Website within the specified 30-day period. The Store is obliged to refund to the User all the funds paid by him/her, including the cost of delivery (except for additional costs associated with the User's choice of a non-standard delivery method), within 30 days from the date of receipt of the notice of cancellation. The Store has the right to withhold the refund until the returned goods are received or until the User provides confirmation of their shipment. A detailed explanation of the right of withdrawal, the return procedure and exceptions to this right is a key aspect of compliance with EU consumer protection legislation. The Consumer Rights Directive clearly defines the right of consumers to withdraw from a remotely concluded contract within 30 days. ARVEN is obliged to provide Users with all the necessary information regarding this right, as well as outline the cases when it does not apply, thereby ensuring full compliance with European standards.

○     Return and exchange procedure.

The returned goods must be unused, retain their presentation, consumer properties, seals, labels, as well as the original packaging and complete set. The User shall be liable for the decrease in the value of the goods as a result of their use, unless the use was necessary to establish the nature, properties and functioning of the goods. The User shall bear the costs of returning the goods, unless otherwise provided by the Store's policy. To make a return, the User must contact the Store's support service to receive instructions and make a return. The exchange of goods of good quality is carried out in accordance with the law. Establishing a clear procedure for the return and exchange of goods is important to ensure the convenience of Users and effective management of the process by the Store. Defining the requirements for the condition of the returned goods helps to prevent abuse and ensure the possibility of further sale of the goods.

○     Exceptions to the right of refusal.

The right of withdrawal does not apply to goods made to the User's order or having individually defined properties. Other exceptions may be provided for by EU law and informing Users of the exceptions to the right of withdrawal is important to establish clear limits to the application of this right and to prevent misunderstandings regarding the possibility of returning certain categories of goods, such as customised products.

6.    Product warranties and seller's liability

○     Legal warranty.

In accordance with EU law, all goods purchased from the Store are covered by a statutory warranty for a minimum period of two years from the date of receipt of the goods by the User. The statutory warranty means that the seller is liable for any non-compliance of the goods with the terms of the contract (for example, defects) that has been identified during the warranty period. If the goods do not comply with the terms of the agreement, the User has the right to demand free elimination of defects, replacement of the goods, proportional reduction of the price or termination of the agreement and refund of the paid funds. Informing about the legal warranty and the seller's liability for defects is mandatory in accordance with EU law and ensures the protection of consumer rights in the event of the purchase of defective goods. The legal guarantee is one of the key consumer rights in the EU. ARVEN is obliged to notify Users of their right to warranty service or other remedies in case of defects in the purchased goods within two years, which contributes to increasing the level of consumer confidence and protection.

○     Liability for defects.

The Store shall be liable for defects in the goods caused by the manufacturer or the Store before the transfer of the goods to the User. The Store shall not be liable for defects caused by improper use, storage or transportation of the goods by the User, as well as due to natural wear and tear. The User shall notify the Store of any defects in the goods within a reasonable period of time after their discovery. Determining the limits of the Store's liability for defects in goods is important for establishing fair rules between the seller and the buyer. A clear distinction between defects for which the Store is responsible and defects caused by the User helps to avoid misunderstandings and disputes.

7.    Rights and obligations of users

○     Rights of users as consumers in the EU.

Users of the Website have all the rights provided for by EU consumer protection legislation, including the right to information, the right to withdraw from the contract, the right to a guarantee, the right to personal data protection (GDPR). In particular, Users have the right to receive clear and understandable information about the product, its price, delivery and payment terms, as well as about the rights of return and warranty. Users have the right to access, rectify, delete, restrict processing, data portability and object to processing of their personal data in accordance with the GDPR. Outlining the rights of users as consumers in the EU increases their trust in the Store. Informing them about their rights, including the right to information, withdrawal, warranty and data protection, promotes transparent and fair interaction.

○     Responsibilities of website users.

Users are obliged to use the Website in good faith and in accordance with these Terms and Conditions, as well as applicable law. Users are responsible for the accuracy of the information they provide when registering and placing an order. Users are obliged to pay for the ordered goods in a timely manner and accept them in accordance with the terms of delivery. The Users are responsible for maintaining the confidentiality of their credentials (login and password) and for any actions performed under their account. Users may not use the Website to perform illegal actions or actions that violate the rights of third parties. Defining the obligations of the Users helps to create a balanced system of interaction between the Store and its customers, promoting fair and transparent trade. Defining obligations, such as fair use of the Website, provision of accurate information and timely payment, is important to ensure the proper functioning of the Store and protect its interests.

8.    Intellectual property and copyright

○     Protection of ARVEN's intellectual property.

All Website Content, including design solutions, product photographs, descriptions, logos and other elements, are intellectual property owned or used by ARVEN on a legal basis and protected by copyright and related rights. Any use of the Website Content, including the copying, reproduction, distribution, modification or public display without the prior written consent of ARVEN is prohibited and may result in legal liability. Detailed regulation of intellectual property and copyright issues is important to protect ARVEN's rights to its content. A clear indication of ARVEN's rights to intellectual property prevents its illegal use by third parties, which can harm the brand and business.

○     Use of content by users.

Users are allowed to view and download the Website Content for personal, non-commercial purposes only. Users may not modify, delete or obscure any copyright or other proprietary notices contained in the Content. By posting their own content on the Website (for example, reviews), Users grant ARVEN a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish and distribute this content in connection with the Website. Defining the rules for the use of content by Users helps to avoid copyright infringement and establishes clear boundaries for the permitted use of the Website materials. Granting a licence to the content posted by the Users allows ARVEN to use this content to improve the operation of the Website and promote its products.

9.    Confidentiality and protection of personal data

○     Link to the Privacy Policy.

The Store pays great attention to the protection of Users' personal data. The terms of collection, processing and protection of personal data are governed by a separate Privacy Policy, which is an integral part of these Terms. Users are advised to read the Privacy Policy before using the Website. A link to the Privacy Policy is available at Privacy Policy. A mandatory link to the Privacy Policy is a key requirement of the GDPR and other EU legislation. Providing a separate document that regulates in detail the processing of personal data ensures transparency and awareness of Users about their rights and ways to protect their privacy.

○     Use of cookies.

The Website uses cookies and other tracking technologies to improve the Website's performance, analyse User behaviour and personalise content. The terms of use of cookies are governed by a separate Cookie Policy, the link to which is placed on the Cookie Policy. Before starting to use the Website, the User is offered to provide consent to the use of cookies in accordance with the requirements of the GDPR and the ePrivacy Directive. Users have the right to manage their cookie settings and withdraw their consent at any time. A mandatory link to the Cookie Policy, as well as obtaining users' consent to the use of cookies, are key requirements of the GDPR and the ePrivacy Directive. Providing a separate document governing the use of cookies and obtaining users' consent through a cookie banner ensures transparency and compliance with the law in this area.

10.  Final provisions

○     Applicable law and jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of Ukraine. Any disputes arising out of or in connection with these Terms shall be brought before the competent courts, unless otherwise provided by mandatory provisions of EU law or by the EU. The determination of the applicable law and jurisdiction is an important element of legal certainty and ensures that disputes can be resolved in the manner prescribed by law.

○     Contact Information.

In case of any questions or comments regarding these Terms, Users may contact the Store at the following contact details:

■     Address: Ramperstorffergasse 8-12 /1 /39, 1050, Wien

■     Phone number: +43 681 20173544

     E-mail address: info@arven.at

■     On the website through the contact form

For questions related to the protection of personal data, Users may contact the following email address: info@arven.at. If necessary, you should also provide the contact details of a data protection representative, if such a representative is required by the GDPR. Providing clear contact information is important to ensure effective communication between the Store and Users in case of questions or problems.

○     Changes to the Terms of Use.

The Store reserves the right to make changes to these Terms at any time without prior notice to Users. The new version of the Terms comes into force from the moment it is posted on the Website. Continued use of the Website by the User after the changes have been made means that the User agrees to the new version of the Terms of Use. The inclusion of a provision on the possibility of making changes to the Terms of Use is necessary to ensure the relevance of the document due to changes in legislation or business processes of the Store. However, it is important to ensure that Users are informed of such changes by posting an updated version on the Website.

Conclusion.

These Terms of Use of the ARVEN website (arven.at) have been developed to ensure clear and understandable regulation of the relationship between the ARVEN online store and the users of the Website. The document covers all key aspects of using the Website, including general terms of use, ordering rules, terms of delivery and return of goods, warranties, rights and obligations of users, intellectual property and personal data protection issues.The Terms are developed in accordance with the requirements of the European Union legislation, which ensures a high level of consumer protection and transparency of online trading. Compliance with these Terms is mandatory for all users of the Website, and their further use is considered as full agreement with the provisions set forth. The ARVEN store strives to adhere to the highest standards of service and legislation to ensure comfortable and safe use of the Website for all customers.