Terms and Conditions

Table of Contents

1. Definitions

Company means Aura Video Art / Armin Windhager, Adress: Margaretengürtel 76-80/4/15, 1050 Wien, Austria

Website means https://www.auravideoart.com

Customer means a person who uses the website and a person who purchases goods or digital content on the website. 

2. Scope

2.1 These terms and conditions apply to the general use of the website and to the conclusion of contracts between the company and the customer unless expressly agreed otherwise. 

2.2 By submitting his contract declaration (see clause 2.5), the customer accepts these terms and conditions. Contracts can only be concluded under these conditions. The company must explicitly agree to deviating, conflicting, restrictive, or supplementary terms and conditions and regulations of the customer so that they become part of the contract in individual cases. In particular, acts of the fulfillment of the contract on the companies part do not constitute consent to any conditions that differ from these terms and conditions. 

2.3 By using the website the customer accepts these terms and conditions. Naturally, all clauses that refer to or presume a conclusion of a contract between the company and the customer do not apply to the general user of the website (who has not yet submitted a contract declaration). 

2.4 In the case of several contracts concluded at different times, the version of the terms and conditions valid at the time of submission of the contract declaration (see clause 2.5) by the customer becomes part of the contract. Several contracts concluded with a specific customer do not establish a continuing obligation or any other claim to a new contract of sale without a specifically written agreement of a framework contract.

2.5 Conclusion of contract: 

2.5.1 The presentation of the products on the companies website is not an offer in the legal sense. The offer is made exclusively by the customer as shown in clause 2.5.2.

2.5.2 On the companies website, the customer’s offer is made by ordering the item. The customer’s offer becomes binding for him when he clicks on the ‘Place order’ button. Please note that the customer will be sent a separate confirmation of receipt of his order after the company has received his order. Such confirmation does not yet constitute an acceptance of the offer. The acceptance takes place only through a separate, written confirmation of order within a reasonable period of time, or through actual delivery of the ordered goods. A reasonable period is to be understood as a period of no more than 5 working days. The company is entitled to only partially accept orders or to reject them without giving reasons. If the customer does not receive a message despite having entered a valid e-mail address, he should contact office@auravideoart.com.

The company reserves all rights to the USB videos purchased on this website. According to copyright law, the customer is not permitted, among other things, to reproduce the video in an unauthorized manner, to use it for public rental, or to broadcast the video. However, the purchase of the video includes a license to play it on a single screen in a public area (e.g. a restaurant). Playing the video on multiple screens in a public area is not permitted with this license. If the customer wishes to purchase a license for multiple public displays, they can contact the company via email.

4. Registration on the website, website access

4.1 Before placing the first order, the customer must register on the website.

4.2 The customer must be at least 18 years old and must have full legal capacity. By sending the registration form, the customer confirms the accuracy of his information, in particular his name, age, and address.

4.3 The customer is responsible for keeping the password confidential. The company can only check whether a password corresponds to a properly activated customer authorization. The company is not subject to any further obligation to check. Every person who logs in with a customer authorization released on the website and the corresponding password is authorized to place orders for the customer registered with it in a legally effective manner.

4.4 The company is not liable for the uninterrupted functioning of the website. The company is entitled at any time, even without prior notice, to carry out work on the website that results in a shutdown/interruption. The company is also not obliged to provide a certain server capacity so that overloads and longer response times must be expected.

4.5 There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. The company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

5. Prices, shipping

The prices listed on the website are retail prices. As a small business owner within the meaning of Section 6 (1) No. 27 UStG, the company does not levy any sales tax. The customer will be notified of all additional freight, delivery, shipping, or other costs before submitting his offer, provided that these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, the company will point out that such additional costs may be incurred before the customer submits the offer.

6. Terms of payment

Unless otherwise agreed in writing, the companies claims are to be paid in full and without deduction before delivery of the ordered products. Payment of the purchase price when purchasing via our website is possible using the following payment methods: Major credit and debit cards, Apple Pay.

The purchase price is due immediately upon the companies acceptance of the offer. The amount equal to the purchase price will therefore be debited from the customer’s account when the offer is accepted, using the payment method chosen by the customer.

7. Delivery

7.1 The delivery (posting by the company) of the goods takes place within 5 working days, provided the goods are in stock and nothing different is noted on the website. This time period starts after the payment order has been issued. The choice of the carrier is made by the company to the best of its judgment, but without guarantee for choosing the fastest and cheapest shipping.

7.2 Digital content such as audio files that are not stored on a physical data storage device will be made available to the customer for download after 14 days unless the customer explicitly agrees that the access should take place earlier and acknowledges that as a consequence his right of revocation and withdrawal of these terms and conditions no longer apply, which is following the provisions under clause 8.5.2.

7.3 The delivery time is extended by all circumstances which cannot be controlled by the company, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage by the duration of the hindrance.

7.4 The delivery will be made to the delivery address given by the customer. Any additional costs caused by the customer providing an incorrect delivery address must be paid by the customer.

8. Return policy

8.1 If the customer has concluded the contract based on these terms and conditions as a distance contract, he can withdraw from it until the expiry of the period specified in clause 8.2 without giving reasons. This does not apply in the exceptional cases regulated in clause 8.5. To withdraw from the contract, the customer must provide the company with a clear statement (e.g. filling out the return form) of his decision to withdraw from this contract. The resignation is not tied to any particular form. Please note, however, that the company must receive the revocation for it to be effective. The customer can use the return form at this link: https://www.auravideoart.com/return

8.2 The withdrawal period is as follows:

8.2.1 The customer can withdraw from a distance contract within 30 days. The period starts on the day on which the customer or a third party named by the customer who is not acting as a carrier takes possession of the goods.

8.2.2 In the case of contracts for the delivery of digital content (such as audio files) not stored on a physical data storage device – unless the exception to the right of withdrawal following Section 8.5.2 applies – the period is 14 days from the day the contract is concluded.

8.2.3 The withdrawal period according to Sections 8.2.1 and 8.2.2 is met if the declaration of withdrawal is sent within the period. Please note, however, that the company must receive the revocation for it to be effective (the risk in the case of a postal or electronic transmission (fax, email) bears the customer).

8.3 If the customer cancels the contract, the company has all payments that were received from him to be repaid immediately and at the latest within 14 days from the day on which the company received notification of the cancellation of this contract. The repayment includes delivery costs, except for the additional costs that result from the fact that the consumer uses a different type of delivery than the cheapest standard delivery offered by the company. For this repayment, the same means of payment are used that the customer used in the original transaction, unless something else was expressly agreed with him. In no case will the customer be charged fees for this repayment. The company can refuse repayment until it has either received the goods back or the consumer has provided evidence of the return of the goods.

8.4 The consumer must return or hand over the goods to the company immediately and in any case no later than 14 days from the day on which he informed the company of the cancellation of this contract. The deadline is met if the consumer sends the goods before the period of 14 days has expired. The consumer bears the costs of the return.

8.5 According to Clause 18 (1) FAGG, the customer has no right of withdrawal when concluding contracts on:

8.5.1 sound or video recordings that are delivered in a sealed package, provided that the seal was broken after delivery or the package otherwise opened.

8.5.2 the delivery of digital content not stored on a physical storage device, such as audio files, if the company has started delivery before the withdrawal period has expired. This is bound to the express consent of the customer, combined with his knowledge of the loss of the right to withdraw from the contract if the contract begins early.

9. Retention of title

The goods delivered by the company remain the company’s property until all of the company’s claims from the respective delivery have been paid in full.

10. Warranty

10.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. There is no guarantee for damage caused by improper use or treatment of the product. The same applies to normal wear and tear.

10.2 The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the physical properties (such as resolution or color space) of the screen or the paper where the images are depicted. The delivered goods are deemed to be in accordance with the contract if the delivered items correspond to the other product specifications.

10.3 If the customer is a consumer within the meaning of the KSchG, he has to check the delivered goods after receipt for completeness, correctness, and other freedom from defects, in particular the intactness of the packaging, and notify the company of any deficiencies by email to office@auravideoart.com and describe them briefly. This only serves to process any complaints more quickly and effectively. A breach of this obligation does not result in any restriction of the consumer’s statutory warranty rights.

10.4 If the customer requests that the goods should be returned to the company and the goods are actually defective, the company shall bear the corresponding costs. Otherwise, any costs of the shipment are to be paid by the customer. Defective goods are therefore only to be returned at the company’s explicit request.

11. Media compatibility

The videos that can be purchased on this website are delivered on a USB stick. The USB stick and the video file format have been chosen to be compatible with the majority of devices available on the market. However, the company does not guarantee this compatibility. If a video does not work (or is not played correctly) on a device due to incompatibility, it cannot be returned. It is recommended to download a free test version of the video before purchasing the video in order to test it on the device. The customer is requested to contact Aura Video Art in the event of an incompatibility so that it can be investigated.

12. OLED burn-in

If the videos on this website are viewed on an OLED television, there is a risk of burn-in if used excessively due to the videos static nature. Further information on burn-in in OLED TVs can be found here. The company assumes no liability for damage to the television caused by burn-in.

13. Privacy

The personal data disclosed to the company by the customer in the context of the business relationship, such as name, address, email, telephone number, and delivery address, are stored and processed by the company. The company uses the data within the framework of the legal authorization to carry out the order. For more information on data protection, see the companies privacy policy.

14. Miscellaneous

14.1 These terms and conditions and any policies or operating rules posted by the company on the website constitute the entire agreement and understanding between the company and the costumer. The companies failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.

14.2 If any provision or part of a provision of these terms and conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions. 

14.3 The website may contain links to other websites (“third-party websites”). Such third-party websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the company, and the company is not responsible for any third-party websites accessed through the website. Inclusion of, linking to, or permitting the use or installation of any third-party websites does not imply approval or endorsement thereof by the company. If the customer decides to leave the website and access the website of third parties, this is done at their own risk, and he should be aware that these conditions no longer apply. 

Please contact Aura Video Art by email at office@auravideart.com if you have any further questions.

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