TERMS & CONDITIONS
GENERAL
YOUR PARTNER FOR ALL CONTRACTS CREATED THROUGH THIS ONLINE SHOP IS
ANTHI STUDIO OG
CASTELLIGASSE 19
1050 WIEN
(„ANTHI“ FROM HEREON)
CONTACT AND VAT
INFO@ANTHI.COM
VAT: ATU72189017
IBAN: DE17 1001 1001 2622 1017 62
BIC: NTSBDEB1XXX
Payment: Paypal / Appel Pay / Credit Card
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
PLEASE NOTE THAT YOU HAVE TO AGREE TO OUR TERMS AND CONDITIONS TO USE OUR SERVICES. IF YOU PURCHASE OUR PRODUCTS, WE ASSUME THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED OUR TERMS AND CONDITIONS. PLEASE ALSO NOTE THAT WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS IN THE FUTURE.
VALIDITY
FOR ALL BUSINESS RELATIONS BETWEEN ANTHI AND YOU, THE VERSION OF THESE TERMS AND CONDITIONS THAT WAS CURRENT WHEN THE CONTRACT WAS MADE IS THE SOLE VALID BASIS. ANTHI DOES NOT RECOGNISE ANY DIFFERING TERMS AND CONDITIONS UNLESS THEY WERE AGREED ON EXPLICITLY AND IN WRITING.
CONTRACT FORMATION
TO PLACE AN ORDER, YOU MUST BE AT LEAST 18 YEARS OLD AND OWN A VALID CREDIT CARD. IF YOU PLACE AN ORDER, YOU THEREBY CONFIRM THAT THE INFORMATION YOU HAVE SUBMITTED IS COMPLETE, TRUTHFUL AND CORRECT, THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE AUTHORISED TO USE THE CREDIT CARD IN QUESTION, AND THAT YOUR BANK ACCOUNT HAS SUFFICIENT FUNDS TO COVER YOUR ORDER COSTS. THE PRESENTATION OF GOODS ON THIS STORE DOES NOT REPRESENT A BINDING OFFER OF CONTRACT. ANTHI RESERVES THE RIGHT TO REJECT YOUR OFFER OF PURCHASE IF THE REQUESTED GOOD IS NOT IN STOCK, HAS BEEN RECALLED, OR IS NOT AVAILABLE FOR OTHER REASONS. THE SAME APPLIES IF YOUR PAYMENT HAS NOT BEEN AUTHORISED OR IF YOU DO NOT MEET THE REQUIRED CRITERIA (IF YOU ARE, FOR INSTANCE, A MINOR). BY ORDERING ONLINE, YOU ARE MAKING A BINDING OFFER FOR THE ITEM(S) IN QUESTION. BY PREORDERING YOU ARE ALSO MAKING A BINDING OFFER FOR THE ITEM(S) IN QUESTION. ANTHI CAN ACCEPT YOUR OFFER BY SENDING YOU A CONFIRMATION EMAIL OF YOUR ORDER OR PREORDER, OR BY SENDING YOU THE REQUESTED GOODS. SHOULD YOU NOT HAVE RECEIVED EITHER A CONFIRMATION EMAIL OF YOUR ORDER ORPREORDER,OR GOODS AFTER 14 DAYS AFTER PLACING YOUR ORDER, YOU ARE NO LONGER BOUND TO YOUR OFFER OF PURCHASE. PLEASE TAKE THE TIME TO CHECK YOUR ORDER CAREFULLY BEFORE PLACING IT, BECAUSE YOU ARE RESPONSIBLE FOR ITS ACCURACY (CORRECT ARTICLES, QUANTITY, CHOICE OF SIZES AND COLOURSAND SUCH). WE WANT TO GIVE ALL OUR CUSTOMERS A FAIR CHANCE TO PURCHASE OUR MOST SOUGHT AFTER GOODS. SINCE OUR QUANTITIES ARE USUALLY LIMITED, RESERVATIONS OF ARTICLES ARE NOT POSSIBLE. THIS MEANS THAT PLACING AN ITEM IN YOUR SHOPPING BAG DOES NOT RESERVE IT FOR YOU.
LIABILITY
ALL LIABILITY OF ANTHI IS REDUCED TO CASES OF DELIBERATE ACTION AND GROSS NEGLIGENCE. IN CASES OF SLIGHT NEGLIGENCE, ANTHI WILL ONLY BE LIABLE FOR SUCH DAMAGES THAT ARE TYPICAL OF THE NATURE OF THE CONTRACT MATTER AND WERE PREDICTABLE AT THE TIME OF CONTRACTING. THE ABOVE DOES EXPLICITLY NOT APPLY TO CLAIMS COVERED BY THE PRODUCT LIABILITY ACT OR ANY OTHER STATUTORY GUARANTEES. THE SAME IS TRUE OF LIABILITY CASES IN WHICH DAMAGES RESULTED IN DEATH OR HARM TO BODY AND HEALTH. WHERE OUR LIABILITY IS EXCLUDED, THIS EXCLUSION ALSO EXTENDS TO THE PERSONAL LIABILITY OF OUR EMPLOYEES, OUR LEGAL REPRESENTATIVES, AND OUR SUBCONTRACTORS. IN CASE OF A DELAY IN DELIVERY, ANTHI IS ONLY LIABLE ACCORDING TO THE STATUTORY LAWS, WHICH SPECIFY THAT DAMAGE CAUSED BY DELAY WILL ONLY BE REPLACED IF ANTHI HAS ACTED WITH INTENT OR GROSS NEGLIGENCE. ANTHI WILL ONLY BE LIABLE FOR SUCH DAMAGES THAT ARE TYPICAL OF THE NATURE OF THE CONTRACT MATTER AND WERE PREDICTABLE AT THE TIME OF CONTRACTING. WE ARE NOT TO BE HELD RESPONSIBLE FOR EVENTS BEYOND OUR CONTROL, NOR ARE WE LIABLE IF WE DO NOT FULFILL OUR CONTRACTUAL DUTIES TOWARDS YOU OR FULFILL THEM TOO LATE BECAUSE OF AN EVENT OUTSIDE OF OUR CONTROL. EVENTS OUTSIDE OF OUR CONTROL ARE SUCH PROCESSES OR EVENTS AS, FOR INSTANCE, HIGHER POWER, TERRORIST ATTACKS, EMBARGOS, RIOTS, STRIKES, ECONOMIC DISPUTES, FIRE, FLOODS, EARTHQUAKES AND OTHER NATURAL DISASTERS, ADVERSE WEATHER, INTERRUPTIONS IN TRANSPORT, STATE ACTIONS, BREAKDOWNS OF PUBLIC OR PRIVATE PHONE LINES, OR TRANSPORTATION SYSTEMS.
OUR WEBSITE
THIS SECTION SETS OUT THE RULES THAT APPLY TO YOUR USE OF THE WEBSITE (WHETHER OR NOT YOU USE IT TO ORDER PRODUCTS OR JUST TO BROWSE). BY USING THE WEBSITE, YOU AGREE TO THESE RULES. IF YOU DO NOT AGREE TO THESE RULES, YOU ARE NOT PERMITTED TO USE THE WEBSITE AND YOU SHOULD LEAVE IT IMMEDIATELY. THE WEBSITE IS MADE AVAILABLE FREE OF CHARGE AND YOU ARE RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY FOR YOU TO HAVE ACCESS TO THE WEBSITE. YOU ARE ALSO RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS THE WEBSITE THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS AND CONDITIONS, AND THAT THEY COMPLY WITH THEM. ACCESS TO THE WEBSITE IS PERMITTED ON A TEMPORARY BASIS AND IT DOES NOT INCLUDE ANY COMMERCIAL USE OF THE WEBSITE OR ITS CONTENTS. YOU MUST NOT REPRODUCE, COPY AND/OR EXPLOIT THE WEBSITE FOR ANY COMMERCIAL PURPOSES WITHOUT OUR PRIOR WRITTEN CONSENT. WE RESERVE THE RIGHT TO WITHDRAW OR AMEND THE WEBSITE WITHOUT NOTICE AND, FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO ALL OR PARTS OF THE WEBSITE. WE WILL NOT BE LIABLE TO YOU IF, FOR ANY REASON, THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. WHEN YOU VISIT THE WEBSITE AND/OR SUBMIT AN ORDER, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE SEND TO YOU ELECTRONICALLY (WHETHER ON OUR BEHALF OR ON BEHALF OF THE PARTNERS) SATISFY ANY LEGAL REQUIREMENT THAT THE SAME COMMUNICATIONS WOULD HAVE IF THEY WERE IN WRITING. YOU MUST NOT USE THE WEBSITE IN ANY WAY THAT CAUSES, OR IS LIKELY TO CAUSE, THE WEBSITE OR ACCESS TO IT TO BE INTERRUPTED, DAMAGED OR IMPAIRED IN ANY WAY. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR ALL ELECTRONIC COMMUNICATIONS AND CONTENT SENT FROM YOUR COMPUTER TO US AND YOU MUST USE THE WEBSITE FOR LAWFUL PURPOSES ONLY. YOU MUST NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING: IN ANY WAY THAT BREACHES ANY APPLICABLE LOCAL, NATIONAL OR INTERNATIONAL LAW OR REGULATION. IN ANY WAY THAT IS UNLAWFUL OR FRAUDULENT, OR HAS ANY UNLAWFUL OR FRAUDULENT PURPOSE OR EFFECT. TO SEND, USE OR REUSE ANY MATERIAL THAT IS: (I) ILLEGAL, OFFENSIVE, ABUSIVE, INDECENT, DEFAMATORY, OBSCENE OR MENACING, AND/OR (II) IN BREACH OF COPYRIGHT, TRADEMARK, CONFIDENCE, PRIVACY OR ANY OTHER RIGHT, AND/OR (III) OTHERWISE INJURIOUS TO THIRD PARTIES, AND/OR (IV) OBJECTIONABLE, AND/OR (V) WHICH CONSISTS OF OR CONTAINS SOFTWARE VIRUSES, POLITICAL CAMPAIGNING, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS OR ANY „SPAM“. TO CAUSE HARM, ANNOYANCE, INCONVENIENCE OR NEEDLESS ANXIETY TO ANY PERSON. BREACHING THESE PROVISIONS WOULD CONSTITUTE A CRIMINAL OFFENCE. WE, IN COMPLIANCE WITH ANY ENFORCEABLE LAW OR PUBLIC ORDER, WILL REPORT ANY SUCH BREACH TO THE RELEVANT LAW ENFORCEMENT AUTHORITIES AND DISCLOSE YOUR IDENTITY TO THEM. IF YOU BREACH ANY OF THE TERMS AND CONDITIONS AND/OR ANY THIRD PARTY PRODUCTS AND SERVICES’ TERMS AND CONDITIONS, YOU WILL INDEMNIFY US IN FULL AGAINST ALL COSTS, EXPENSES, LIABILITIES, DAMAGES AND LOSSES (EXCLUDING ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS), INCLUDING ANY INTEREST, FINES AND LEGAL OR OTHER PROFESSIONAL FEES AND EXPENSES AWARDED AGAINST OR INCURRED OR PAID BY US AND/OR ANY MEMBER OF OUR GROUP AS A RESULT OF OR IN CONNECTION WITH YOUR BREACH. THE WEBSITE MAY CONTAIN SERVICES AND/OR PRODUCTS (INCLUDING ADD-ONS AND APPLICATIONS) OFFERED BY THIRD PARTIES OTHER THAN OUR PARTNERS (THE “THIRD PARTY PRODUCTS AND SERVICES”). YOUR USE OF THESE THIRD PARTY PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS WHICH WE RECOMMEND YOU REVIEW BEFORE FIRST USING SUCH THIRD PARTY PRODUCTS AND SERVICES AND CONTINUE TO REVIEW FOR ANY CHANGES. WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR OR IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY PRODUCTS AND SERVICES. WE RESERVE THE RIGHT TO SUSPEND, WITHDRAW, TERMINATE AND/OR AMEND YOUR ACCESS TO THE WEBSITES AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS AND SERVICES, IN THE EVENT THAT YOU BREACH ANY THIRD PARTY PRODUCTS AND SERVICES’ TERMS AND CONDITIONS. USE OF THIRD PARTY PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO GUARANTEE THAT ANY OR ALL FEATURES OF THE WEBSITES, SERVICES OR THIRD PARTY PRODUCTS AND SERVICES WILL WORK ON ANY PARTICULAR DEVICE. WE ARE HAPPY FOR YOU TO LINK TO THE WEBSITE OR SHARE IT ON SOCIAL MEDIA, BUT YOU MUST DO SO IN A WAY THAT IS FAIR AND LEGAL AND DOES NOT DAMAGE OUR REPUTATION OR TAKE ADVANTAGE OF IT (SUCH AS BY USING A LINK TO SUGGEST ANY FORM OF ASSOCIATION OR ENDORSEMENT BY US). WE RESERVE THE RIGHT TO WITHDRAW LINKING PERMISSION AT ANY TIME AND, IF WE INSTRUCT YOU TO REMOVE A LINK TO THE WEBSITE, YOU MUST DO SO WITHOUT DELAY. WHERE THE WEBSITE CONTAINS LINKS TO OTHER WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE WEBSITES OR RESOURCES AND SUCH LINKS SHOULD NOT BE INTERPRETED AS AN ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. WE MAY UPDATE OR CHANGE THE WEBSITE OR ITS CONTENTS AT ANY TIME BUT WE ARE UNDER NO OBLIGATION TO DO SO. PLEASE NOTE THAT THIS MEANS ANY OF THE CONTENT ON THE WEBSITE MAY BE OUT-OF-DATE AT ANY GIVEN TIME. THE CONTENT ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE WEBSITE, OR ANY CONTENT ON IT, IS ACCURATE, COMPLETE, UP-TO-DATE OR WILL BE FREE FROM ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE WEBSITE, OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. WE WILL NOT BE LIABLE TO YOU OR ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH: (I) USE OF, OR INABILITY TO USE, THE WEBSITE; OR (II) USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE. PLEASE NOTE THAT WE ONLY PROVIDE THE WEBSITE FOR DOMESTIC AND PRIVATE USE AND, AS SUCH, WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT. WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR: 1.DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; 2. FRAUD OR FRAUDULENT MISREPRESENTATION; 3. ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY LAW. DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF OUR SUPPLY OF THE SERVICES TO YOU AND THE PARTNERS’ SUPPLY OF THE PRODUCTS TO YOU.
PRODUCT DESCRIPTIONS AND OTHER INFORMATION
THE IMAGES ON OUR WEBSITE ARE ONLY FOR ILLUSTRATIVE PURPOSES. WE TRY TO REPRESENT COLOUR AS TRUE TO NATURE AS POSSIBLE, BUT WE HAVE NO CONTROL OVER THE WAY YOUR SCREEN SHOWS THESE COLOURS. WE ALWAYS AIM FOR CORRECTNESS, COMPLETENESS AND CURRENTNESS OF OUR PRODUCT INFORMATION ON OUR WEBPAGE. HOWEVER, WE CANNOT GUARANTEE THE ACCURACY OF THE PRODUCT INFORMATION ON OUR WEBPAGE. THE SAME IS TRUE FOR ALL OTHER INFORMATION ON OUR WEBPAGE, INCLUDING INFORMATION PROVIDED BY THIRD PARTIES.
SIZING INFORMATION
WE DO OUR BEST TO GIVE YOU ACCURATE AND MEANINGFUL INFORMATION ON THE FIT AND THE SIZE OF OUR GARMENTS. HOWEVER, WE CANNOT GUARANTEE THAT THIS INFORMATION IS CORRECT, OR THAT BY THE HELP OF IT YOU WILL BE ABLE TO IDENTIFY YOUR SIZE WITHOUT FAULT.
DATA PROTECTION
WE ONLY USE YOUR PERSONAL INFORMATION IN ACCORDANCE TO OUR DATA PROTECTION DECLARATION. PLEASE TAKE THE TIME TO READ THIS CAREFULLY, AS IT INCLUDES IMPORTANT INFORMATION ABOUT HOW WE COLLECT AND USE YOUR DATA. BY USING THE WEBSITE, YOU CONSENT TO THE USE OF YOUR DATA AS DESCRIBED IN OUR PRIVACY POLICY AND YOU WARRANT THAT ALL DATA PROVIDED BY YOU IS ACCURATE.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
WE OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND ITS CONTENT (SUCH AS TEXT, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, DIGITAL DOWNLOADS, DATA COMPILATIONS AND SOFTWARE INCLUDING THE PRESENTATION AND COMPILATION OF THE SAME) („CONTENT“). THE RIGHTS IN THE WEBSITE AND THE CONTENT ARE PROTECTED BY INTERNATIONAL COPYRIGHT LAWS AS WELL AS BY ANY RELEVANT NATIONAL LAW CONCERNING COPYRIGHT, AUTHORS‘ RIGHTS AND DATABASE RIGHT LAWS. ALL SUCH RIGHTS ARE RESERVED. YOU MUST NOT SYSTEMATICALLY EXTRACT AND/OR RE-UTILISEPARTS OF THE WEBSITE OR THE CONTENT. IN PARTICULAR, YOU MUST NOT USE ANY DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS TO EXTRACT (WHETHER ONCE OR MANY TIMES) FOR RE-UTILISATIONANY SUBSTANTIAL PARTS OF THE WEBSITE. YOU MUST NOT CREATE AND/OR PUBLISH YOUR OWN DATABASE THAT FEATURES SUBSTANTIAL PARTS OF THE WEBSITE (E.G. OUR PRICES AND PRODUCT LISTINGS) WITHOUT OUR PRIOR WRITTEN CONSENT. EXCEPT WHERE EXPRESSLY STATED TO THE CONTRARY, ALL PERSONS (INCLUDING THEIR NAMES AND IMAGES), THIRD PARTY TRADEMARKS AND IMAGES OF THIRD PARTY PRODUCTS, SERVICES AND/OR LOCATIONS FEATURED ON THE WEBSITE ARE IN NO WAY ASSOCIATED, LINKED OR AFFILIATED WITH US. ANY TRADEMARKS/NAMES FEATURED ON THE WEBSITE ARE OWNED BY THE RESPECTIVE TRADEMARK OWNERS.
SALVATORIAN CLAUSE, PLACE OF JURISDICTION
IF ANY PART OF THESE CONDITIONS SHALL BE OR BECOME INVALID, THEN IT SHALL BE REPLACED BY THAT VALID REGULATION WHICH COMES CLOSEST TO ITS MEANING AND INTENTION. ALL OTHER PARTS OF THE TERMS AND CONDITIONS SHALL REMAIN VALID IN THAT CASE. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS. SHOULD YOU INFRINGE ON ANY OF THE CONDITIONS LAID OUT IN THIS DOCUMENT, WITHOUT US PERSECUTING THIS INFRINGEMENT IMMEDIATELY, THIS DELAY DOES NOT IMPLY THAT WE ARE WAIVING OUR RIGHT TO DO SO; OUR RIGHTS ARE STILL VALID. IF WE DO WAIVE OUR RIGHT OF PERSECUTION, ONE OF OUR DIRECTORS WILL CONFIRM THIS IN WRITING, AND SUCH A WAIVER DOES NOT MEAN THAT WE WILL WAIVE ALL SIMILAR CLAIMS IN THE FUTURE.
INSOFAR AS APPLICABLE, AUSTRIAN LAW SHALL APPLY.
PLACE OF EXECUTION AND PLACE OF JURISDICTION FOR PAYMENTS, DELIVERIES, AND ALL POTENTIAL QUARRELS BETWEEN THE PARTIES IS, INSOFAR AS THIS IS STATUTORY, VIENNA. FOR THOSE END USERS WHO DO NOT HAVE A RESIDENCE IN THE EU, THE PLACE OF JURISDICTION IS VIENNA. IF THE END USER HAS A RESIDENCE INSIDE THE EU, THE LAW OF THEIR HOME COUNTRY MAY APPLY, IF THERE IS COMPELLING REASON THAT THE CASE SHOULD BE TREATED AS A CONSUMER RIGHTS CASE.
©ANTHI 2020 ALL RIGHTS RESERVED