TERMS AND CONDITIONS OF SALE
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.onyxarthouse.com and related pages, (the “Website”). The agreement is concluded between you and Onyx Art House. Detailed contact information and other information about Onyx are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
1.2
The Customer must be minimum 18 years old to order via the Website. Onyx Art House does not, in accordance with US law, accept any credit purchases to persons below 18 years of age. Onyx Art House 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
Onyx Art House 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. Onyx Art House 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, Onyx Art House will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Onyx Art House 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. Onyx Art House is not responsible for any information by third parties provided for on the Website.
1.4
The Website and all its content is owned by Onyx Art House 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 Onyx Art House.
2. CONTRACTS AND ORDERS
2.1
In order to place an order through the Website, 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 Onyx Art House’s Privacy Policy set forth here.
2.2
A purchase agreement is concluded when Onyx Art House has confirmed the Customer’s order and the Customer has received an order confirmation from Onyx Art House via e-mail. Onyx Art House encourages the Customer to save the order confirmation for any future contacts with Onyx Art House’s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by Onyx Art House. If the order is cancelled, Onyx Art House 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 Onyx Art House’s processing of personal data is set forth in Onyx Art House’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 Onyx Art House without delay if it may be suspected that any unauthorised 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 Onyx Art House suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, Onyx Art House is entitled to block the Customer’s access to its user account. Onyx Art House 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 $ (USD) and do not include payment- and shipping fees, which are given separately. Depending on the destination, orders may be subject to additional charges such as sales tax, customs & duty charges. Onyx Art House does not have any responsibility for these additional charges that may apply.
4.2
The Customer can pay for its purchase in the manner specified on the Website. Onyx Art House is entitled to charge the Customer already in connection with the order. Onyx Art House 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
Onyx Art House may from time to time provide special offers on the Website which may have more favorable conditions than those set forth in these General Conditions, e.g. with regard to 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 Onyx Art House in connection therewith. Onyx Art House 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. DELIVERY AND SHIPPING
6.1
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 the reservation of products not in stock), delivery will be made no later than 30 working days after Onyx Art House has confirmed the order in writing through the order confirmation. If you haven't received your order within the delivery time advertised, please contact our Customer Service no longer than 30 working days after the order was placed.
6.2
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 a Customer, you are entitled to cancel the purchase.
6.3
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. Onyx Art House is entitled to charge the Customer a fee of 22 USD if the package is not retrieved. In cases of Home delivery, there should be a person available to accept the parcel.
7. CHANGES TO THE GENERAL CONDITIONS
Onyx Art House reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. 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 Onyx Art House has informed the Customer of the changes. However, Onyx Art House recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
8. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
9. APPLICABLE LAW AND DISPUTE RESOLUTIONS
9.1
Any disputes shall primarily be settled by agreement after discussions with Onyx Art House’s customer services.
__________________________________________________These conditions were established by Onyx Art House on 2022 - 01 - 31
