These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.artbird.com and related pages, (the “Website”). The agreement is concluded between you and Artbird AS. Detailed contact information and other information about ArtBird are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
The Customer must be minimum 18 years old to order via the Website. ArtBird does not accept any credit purchases to persons below 18 years of age. ArtBird 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).
ArtBird 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. ArtBird 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, ArtBird will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to ArtBird 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. ArtBird is not responsible for any information by third parties provided for on the Website.
The Website and all its content is owned by ArtBird 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 ArtBird.
2. CONTRACTS AND ORDERS
A purchase agreement is concluded when ArtBird has confirmed the Customer’s order and the Customer has received an order confirmation from ArtBird via e-mail. ArtBird encourages the Customer to save the order confirmation for any future contacts with ArtBird’s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by ArtBird. If the order is cancelled, ArtBird will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
3. CUSTOMER INFORMATION ETC.
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 ArtBird 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.
If ArtBird suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, ArtBird is entitled to block the Customer’s access to its user account. ArtBird is furthermore entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
The prices stated on the Website apply to orders placed on the Website. All prices are presented in kr or € and do not include payment- and shipping fees, which are given separately. 25% VAT is included in the product price for the EU countries.
The Customer can pay for its purchase in the manner specified on the Website. ArtBird is entitled to charge the Customer already in connection with the order. ArtBird 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
ArtBird 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 ArtBird in connection therewith. ArtBird 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. GIFT CARD
Gift certificates sold on ArtBird are valid for two (2) years from date of issue, and can be redeemed at ArtBird’s webshop. After the expiration date, the card cannot be used as a method of payment, cannot be reactivated, and any remaining balance cannot be refunded. Your gift certificate should be kept in a secure place, and cannot be redeemed for cash. Lost or stolen certificates will not be replaced.
To participate in any competition provided by ArtBird you must be aged 18 and over. Employees at ArtBird cannot participate in any competition held by ArtBird.
The winner will be selected by an independent jury of three from our marketing department. Full details of the judging process and the names of the members of the jury are available on request by emailing firstname.lastname@example.org . The jury's decision can not be appealed. When choosing the winner the jury will be looking for the best contribution (whatever it might be, depending on the competition).
The winner will be announced on our social media where the competition is being held and asked to contact us for further information. The prizes cannot be exchanged, transferred or returned and cannot be redeemed by you for cash or any other prize. You must pay all other costs associated with the prize and not specifically included in the prize. We retain the right to substitute the prize with another prize of similar value in the event that the original prize offered is not available.
8. DELIVERY AND SHIPPING
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 ArtBird 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.
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 Customer, you are entitled to cancel the purchase.
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. ArtBird is entitled to charge the Customer a fee of 35 euro if the package is not retrieved. In cases of Home delivery there should be a person available to accept the parcel.
9.RIGHT OF WITHDRAWAL
When purchasing products on the Website the Customer has a 90 day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying ArtBird accordingly within 90 days from when the Customer or its representative received the product ordered (withdrawal period).
By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.
In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of withdrawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A seal shall also include any technical seal (e.g. serial number).
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to ArtBird in the manner set forth here. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. If the Customer prefers not to use the above alternative message, the Customer may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies or any other equivalent authority in their respective country.
When exercising the right of withdrawal, the Customer pays a return shipping fee and is responsible for the condition of the product after the Customer has received the product and during the return shipping. Customers from Malta and Cyprus are responsible to cover for their own return cost and no return fee will be deducted. The product shall be returned within 14 days from the date when ArtBird was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box. Any returns shall be sent to ArtBird in accordance to the methods and instructions stated on the Website, which you will find on www.artbird.com
When the Customer withdraws its purchase, ArtBird will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by ArtBird are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. ArtBird is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
ArtBird will pay back the amount without undue delay, however, no later than within 14 days from the date ArtBird received the Customer notification of withdrawal. However, ArtBird may delay repayment until ArtBird has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
10. WARRANTY AND COMPLAINTS
Some of ArtBird’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact ArtBird, as soon as possible after the defect was discovered, using the contact information set forth on the Website.
ArtBird will carry the cost for the return freight for any approved complaints.
Once a product, for which a complaint has been filed, is returned and the complaint approved, ArtBird will refund the Customer in compliance with applicable consumer protection legislation. ArtBird strives to do so within 30 days from receipt of the complaint by ArtBird, but it may be delayed depending on the nature of the product. ArtBird reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints ArtBird complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other countries.
ArtBird offers a one (1) year warranty for the iPhone cases and tote bags sold on our site. This warranty covers manufacturing defects limited to the fit, seams and adhesives of the products. Please note that ArtBird's warranty does not cover defects and damages resulting from:
• external circumstances e.g. loss, theft, fire, and water or other liquid damage
• improper use or carelessness e.g. tears, dents, breakages, dropping the product etc.
• aesthetic changes due to normal wear and tear e.g. minor scratches, material wear, flaking paint etc.
• accidents or unjustified repairs or modifications to the product not carried out by ArtBird.
Please note that if you have not followed our care instructions, this warranty will not apply. This warranty does not limit nor replace more favourable terms under law.
ArtBird is not liable for any delays caused by circumstances beyond ArtBird’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, ArtBird shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and ArtBird are entitled to terminate the purchase with immediate effect.
13. CHANGES TO THE GENERAL CONDITIONS
ArtBird 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 ArtBird has informed the Customer of the changes. However, ArtBird recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
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.
15. APPLICABLE LAW AND DISPUTE RESOLUTIONS
Any disputes shall primarily be settled by agreement after discussions with ArtBird’s customer services. In the event of any dispute, ArtBird complies with the decisions of the Norwegian National Board for Consumer Complaints or the corresponding authority in other countries.
These conditions were established by ArtBird on 2021 - 11 - 01