General Terms and Conditions

Contracting party

This online store is an offer from ARTYLUX.

Subject matter of the contract

The following terms and conditions apply exclusively to the ordering and delivery of goods ordered by the customer from Artylux.de.

Exclusive validity of the GTC

The following GTC apply exclusively within the scope of these services.

Storage option and access to contract text

1. We keep these GTC and the other contractual provisions with the data of your order ready for retrieval in the order process. You can simply archive this information there by either downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of your browser or you can wait for the automatic order confirmation, which we will also send you by e-mail to the address you have provided after completing your order. This order confirmation e-mail contains the contractual provisions with the data of your order and these GTC and can be easily printed out or saved with your e-mail program.
2. The text of the contract is stored by us, but for security reasons cannot be accessed directly by you. We offer every customer a password-protected direct access („customer account“). Here you can manage your data and view order data after registering accordingly. The customer undertakes to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The current version of the GTC can be found on our website.

Conclusion of the contract

1. All our offers are subject to change. Contracts in our Internet store can currently only be concluded in German. The contract between the customer and ARTYLUX is only concluded when an order is placed by the customer and accepted by ARTYLUX. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail. 
2. The order is limited to normal household quantities.

Delivery

1. Unless otherwise agreed, delivery is ex warehouse of ARTYLUX. Delivery is made by Deutsche Post AG/DHL, in the case of goods that cannot be sent by parcel post, e.g. floor lamps, by a forwarding agent.
2. If a delivery cannot be made within eight weeks of the order, the customer may withdraw from the contract, unless otherwise agreed.
3. You have the option of collecting the goods from ARTYLUX, Proskauerstrasse 29, 10247, Germany during the following business hours: Mon-Fri 9:30-16:00.

Retention of title

ARTYLUX retains ownership of the purchased goods until the customer has paid the purchase price for the goods and all other goods from the same order in full.

Payment/shipping costs

1. The customer can pay cash on delivery. The purchase price is due upon delivery of the ordered goods.
2. The customer can pay in advance. Delivery only takes place after receipt of payment.
3. The customer can process the payment via PayPal .
4. A flat-rate shipping fee of EUR 5.95 is charged for deliveries made in advance within Germany.
5. For deliveries by cash on delivery within Germany, the flat-rate shipping fee of EUR 5.95 plus the cash on delivery fee of EUR 5.60 will be charged. 
   For deliveries via a forwarding agent, such as large concrete luminaires, payment on delivery is unfortunately not possible.

Offsetting

The customer may only offset claims that have been legally established or are not disputed by ARTYLUX. The customer shall only have a right of retention for claims arising from the same contractual relationship.

Default

If the customer is in arrears with his payments, interest shall be charged on the outstanding amount at a rate of five percent above the prime rate of the European Central Bank. In this respect, the customer reserves the right to prove that ARTYLUX has incurred less damage or no damage at all.

Information on liability for defects

The statutory liability for defects applies.

Right of withdrawal for consumers

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them. 

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us (ARTYLUX, Proskauer Str. 29, 10247 Berlin, Deutschland, Telefonnummer: +49 (0)30.23 93 03 51, E-Mail-Adresse: info@artylux.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion of the right of withdrawal

In accordance with Section 312g (2) of the German Civil Code (BGB), there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Sample withdrawal form

The here available sample withdrawal form you can fill out and send to us.

Waste disposal

We are a cooperation partner of Landbell AG for take-back systems.
Disposal of waste from electrical and electronic equipment (WEEE - Waste Electrical and Electronic Equipment): WEEE-Reg. No. DE 92376557
Information obligations according to §18 Abs. 2 Elektro- und Elektronikgerätegesetz:
https://www.bmuv.de/themen/wasser-ressourcen-abfall/kreislaufwirtschaft/statistiken/elektro-und-elektronikaltgeraete

Light sources

Light sources (light bulbs, halogen lamps, etc.) and fixing materials (screws, dowels, etc.) are not included in the delivery unless otherwise specified.

Image rights

All copyrights to the images belong to ARTYLUX or its partners. Use without the express consent of the copyright holder is not permitted.

Final provisions

1. Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
2. This contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. The place of jurisdiction and place of performance shall be Berlin, insofar as this can be effectively agreed between the contracting parties.