General Terms and Conditions
arca – General Terms and Conditions
1 – Scope
1.1 Our General Terms and Conditions apply exclusively. Every transaction is based upon the current General Terms and Conditions, which will also apply to all future business and all business contacts, such as entering into contract negotiations or initiating business transactions, even if these are not once more expressly agreed or are not again expressly referred to. Conflicting General Terms and Conditions of the business partner are only valid if arca expressly agrees to these in writing.
1.2 The liability provisions of these General Terms and Conditions also apply to any contractual obligations established with third parties.
2 – Conclusion of contracts
2.1 The presentation of products in our online shop or in our configurator represents a non-binding, open offer to order. By ordering in our online shop, by e-mail or by phone, you are placing a binding order for the goods that you have accordingly identified.
2.2 The order will be accepted by means of a separate written order confirmation to be sent by e-mail. The sales contract is thereby concluded.
3 – Prices, shipping costs
3.1 Our prices are given in euros including VAT and are in principle the prices listed in the shopping cart of our online shop at the time of the order.
3.2 Sales to companies abroad are VAT free. If you are registered with us as a company, the prices will be displayed net of VAT in the login area.
3.2 arca will bear the costs of shipping and insurance of the transported goods within the EU for order quantities of 6 urns or more per order. If the order quantity is lower, arca will charge a flat rate of 45 euros per shipment for these services. If the customer specially requests separate deliveries, costs will be charged for each additional partial delivery.
3.3 The costs of special delivery types, such as express delivery, will be invoiced separately.
4 – Payment
4.1 The due date for payment depends upon the payment method chosen. You can choose to pay in advance, by credit card or on account. Payment on account is only available to existing customers with a customer number.
4.2 If you choose payment in advance, we will send the goods following receipt of payment, which must have been credited to our account no later than 5 days after the order confirmation has been sent. Accounts are due upon receipt of goods. In the case of payment on account, payment is due 15 days following the receipt of goods.
4.3 If payment is delayed, arca is entitled to charge a flat fee of 10 euros per reminder level. arca is furthermore entitled to bar the business partner from further deliveries, even if these have already been confirmed, and to assert its corresponding right of retention. In exceptional cases, especially if the business partner is urgently dependent on such further delivery or deliveries – to be notified and proven by the business partner immediately after the assertion of the right of retention – delivery will be made upon payment in advance once confirmation has been issued by arca.
4.4 Claims for remuneration by arca may only be offset against undisputed or legally established claims. The business partner is only authorised to exercise a right of retention if this is based upon the same contractual relationship and arca’s counterclaim is undisputed or has been legally established.
4.5 Claims may only be assigned against arca with the consent of arca.
5 – Delivery
5.1 Goods are always shipped insured.
5.2 Provided the ordered quantity is in stock, all items offered are ready for dispatch within 48 hours and are delivered picked. We reserve the right to make partial deliveries where this is advantageous for speedy processing. Other delivery dates will be contractually agreed on an individual basis.
5.3 If, in exceptional cases, an agreed delivery date cannot be met, we will inform you immediately. The business partner may neither withdraw from the contract nor assert claims for damages where arca is not responsible for delays.
5.4 arca reserves the right only to deliver against prepayment or payment by credit card. arca is entitled to withhold deliveries and to withdraw from or terminate all contracts in the event of payment arrears arising from the current business relationship, should the business partner’s assets be seized or if there is a risk of insolvency. The business partner may not assert any claim for damages as a consequence.
5.5 If goods are in stock and ready on call, with no other regulation agreed in writing, the business partner must accept all the goods ordered within 14 days of agreeing the call order. At the end of the 14-day call period, arca is entitled to invoice the entire order step-by-step against supply of the total order.
5.6 If the business partner or its customer is in default of acceptance, or if the dispatch of goods is delayed at the request of the business partner or its customer, arca is entitled to calculate the costs arising from the storage of goods as well as any additional expenses as from its notification of readiness for dispatch. arca is further entitled, after a reasonable period of time has been set and expired without result, to dispose of the goods otherwise, then to fulfil the contract with an extended period of performance, or to withdraw from the contract.
5.7 In the case of dropshipping deliveries, the business partner undertakes to accept the goods in the event that its customer does not accept the goods.
6 – Transfer of risk and warranty
6.1 When the goods are dispatched by arca, the risk is transferred to the business partner upon handover to the transport company, even where delivery is carriage paid. Where the business partner is responsible for any delay in dispatch, the risk is transferred to the business partner as soon as readiness for dispatch is notified. Where the business partner picks up the goods, the risk of accidental loss or damage is transferred to the business partner upon handover of the goods.
6.2 When the goods are accepted by the business partner or its customers, all damage and shortfalls must be documented on the delivery receipt in the presence of the driver of the delivery company. Undocumented damage and shortfalls will not be acknowledged by arca without this documentation. If the goods are obviously defective for other reasons (e.g. if the goods have production defects), this must be reported to arca immediately in writing, within 8 days of receipt of the goods at the latest. Defects in part of a delivery may not be extended to a complaint about an entire shipment.
6.3 Claims for defects cannot be asserted in the case of merely insignificant deviations from the agreed quality; in the case of merely insignificant reductions in usability; in the case of natural wear and tear; nor of damage that may occur after the transfer of risk as a result of incorrect or negligent treatment, excessive use, unsuitable equipment or owing to particular external influences that are not covered by the contract. Nor may claims for defects be asserted if improper repairs or alterations are carried out by the customer or by a third party, or for the consequences thereof.
6.4 The business partner bears the full burden of proof for all claims made, particularly for the defect itself, for the time when the defect was discovered and for its promptness in notifying the defect.
6.5 In the event of a complaint, the business partner must ensure, including in respect of its customers, that goods are either in their original packaging or otherwise secured against damage. arca’s consent must be obtained before any goods are returned.
6.6 The warranty begins upon acceptance of the goods by the business partner and is based upon the statutory provisions. The limitation period for claims under warranty is one year for enterprises. arca has the option of remedying the defect or of delivering a defect-free item by way of remedy.
6.7 If the remedy is ineffective, the business partner may at its option in principle request a reduction in the remuneration due (discount) or a cancellation of the contract (withdrawal). If the breach of contract is only minor in nature, in particular where the defects are only minor, the business partner is not entitled to withdraw from the contract.
6.8 Should the business partner choose to withdraw from the contract owing to a defect following two failed attempts at remedy, it is not entitled to any additional claim for damages due to the defect. Should the business partner choose compensation following failure of the remedy, the goods will remain with the business partner if this is just and reasonable. Compensation will then be limited to the difference between the purchase price and the value of the defective item.
7 – Retention of title
7.1 Goods remain the property of arca until all outstanding claims from the current business relationship have been settled in full. The business partner is obliged to treat the goods with care.
7.2 arca is entitled to withdraw from all contracts (including in connection with any extended retention of title) and to demand the return of goods in the event that the business partner acts in breach of contract, in particular in the event of late payment.
7.3 While title is retained, the business partner may neither pledge the delivery item nor assign it as security. The business partner is obliged to notify arca immediately of any damage or loss of the goods. The business partner must notify arca immediately of any change in ownership of the goods or any change of company headquarters.
7.4 The business partner is entitled to resell the goods in the ordinary course of business. As a precaution, it will assign to arca all receivables relating to the outstanding invoice amount to which it is entitled through resale to a third party: arca will accept such assignment. Following assignment, the business partner is authorised to collect receivables on behalf of arca. The business partner is only entitled to resell goods that are subject to reservation of title on condition that its claims for the purchase price are transferred to arca in accordance with the above provisions. The business partner has no further entitlements. arca reserves the right to collect receivables itself as soon as the business partner does not properly meet its payment obligations and is in default of payment.
7.5 arca’s security interests will not, in the normal course of business, prevent the business partner from disposing of arca-related objects or receivables that have been assigned to arca as a precaution. The normal course of business will no longer obtain if the business partner falls behind with its payment obligations as regards arca one month after the occurrence of default; if payments are suspended; or if an application for insolvency is filed. In this case, the business partner is obliged at arca’s request to notify its customers of the assignments, to refrain from collecting receivables and to permit arca to collect these. The business partner is also obliged at arca’s request to provide arca with the addresses of its business partners upon first request.
8 – Data protection and cookies
8.1 Thank you for your interest in our products and our company. Data protection is a matter of great importance to us at arca. However, if a data subject makes use of our company’s particular services via our website, this will require the processing of personal data.
In particular, visitors or those persons who use the web services offered on the website (www.arca.rip) will be informed about data processing in accordance with Article 13 of Legislative Decree no. 196 of 30 June 2003 (the Data Protection Code). This data protection provision relates solely to the above-mentioned website and will not apply to linked websites or other websites that may be visited by users.
This data protection declaration forms an integral part of our website and the services we offer. Access to and use of the website, as well as purchases of the products offered on the website, require you to have read and understood this data protection declaration. If you do not consent to this data protection declaration, we would ask you not to use our website.
The company may change or update this data protection declaration in whole or in part. The current version of the data protection declaration can be viewed by all users on our website under “Privacy”. If a user does not agree with the changes, s/he may cease using our website. Continuing to use our website and our products and services after the above changes and/or updates have been published will be deemed as acceptance of the changes and acknowledgment of the binding nature of the new General Terms and Conditions. The www.arca.rip website is owned and managed by the company.
8.2 Types of data collection and purpose of processing:
The systems and software processes required for the correct operation of the website collect certain personal data during normal use, whose transmission forms part of the normal use of internet communication protocols. Such information is not collected in order to identify data subjects but, owing to its nature, will permit users to be identified through processing and compilation with data transmitted by third parties.
This category of data includes IP addresses or domain names, the computers operated by users of the website, the URI addresses (Uniform Resource Identifier) of the requested resources, the time of the request, the method used to make the request to the server, the size of the file received in response, the status of the response given by the server (successful, error, etc.) as a numerical code, and other parameters related to the user’s operating system and the computer environment.
Such data are used exclusively for statistical purposes and are only administered anonymously in order to ensure that they function correctly. The data can also be used to determine responsibility in the hypothetical event of violations of IT law entailing damage to the website: with the exception of such cases, the above-mentioned data will be stored for no longer than 24 months.
Data provided voluntarily by users/visitors:
Data voluntarily and expressly transmitted to arca by website users/visitors for the purpose of using certain services (e.g. online shop, etc.) or via e-mail enquiries can be registered automatically, but the information will only be used for the services specified in the information notification.
Your data will be used to answer your specific enquiries, to meet contractual, tax or accounting obligations, or to fulfil invoicing, debt collection or other obligations under applicable law.
Cookies are text files that are placed and saved on a computer system via an internet browser.
By using cookies arca can provide users of this website with more user-friendly services that would not be possible without setting cookies.
The data subject can at any time prevent our website from setting cookies via the corresponding setting in their internet browser, thus permanently halting the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. All common internet browsers permit this. If the data subject deactivates the setting of cookies in their internet browser, this may prevent full use of all functions of our website.
With the exception of navigation data, arca will only process data that the user has voluntarily and expressly provided. Refusal to provide certain information may, however, limit the services offered.
Once registration takes place, personal data will only be processed for the services specified in the information notification.
Website visitors can register for one or more of the following services:
- information about services/products, offers, inquiries, etc.
- participation in various initiatives
- purchases of products offered on the website
- contacting the company using the form provided for this purpose.
8.3 The following is a brief list of the specific use made of personal data on the website. In order to be able to use the services, the user may be asked to provide some or all of the following data: forename, surname, age, street, post code, e-mail address, address, city, country, date of birth, phone number, mobile phone number, fax, payment method. It should be noted that additional information may also be requested.
8.3.1 Online shop or configurator
8.4 Processing of personal data:
Pursuant to Art. 28 of Legislative Decree no. 196 of 30 June 2003 (the Data Protection Code), arca, whose sole proprietor is Sophia Gufler, with registered offices at 39034 Toblach, Rathausplatz no. 3, tax code no. GFLSPH83L45B220A, VAT no. IT03084630213, registered with the Bozen/Bolzano Chamber of Commerce under the number BZ - 230978, is the data controller and processor of all personal data that may be collected via the above-mentioned website.
Personal data will only be processed within the meaning of these data protection regulations by the owners, employees and staff of arca who have been expressly appointed as persons responsible for data protection processing. Staff have been appropriately trained in this regard and will work under the direct supervision and responsibility of the controller of data processing.
The person responsible for data processing is the current person responsible for IT security at arca. An up-to-date list of all data protection officers can be requested via e-mail from the owner in person or from the person responsible for data processing at firstname.lastname@example.org.
8.5 Disclosure to third parties:
No personal data will be disclosed under any circumstances unless stipulated by law or the judicial authorities or as requested by other bodies or institutions.
The company will also make use of the services supplied by other enterprises and/or people to provide certain services, such as sending e-mails, delivering parcels or making payments. Such third parties will only have access to those personal data that are absolutely necessary for the completion of their own tasks. The company would emphasise that third parties are prohibited from using the personal data for any other purpose and are obliged to use the data in accordance with the data protection declaration and the applicable legal provisions.
arca does not intentionally collect sensitive or judicially relevant personal data via its website. Pursuant to Art. 4 of the Data Protection Code, sensitive data will mean personal information on gender and ethnic origin, religious, philosophical or other beliefs, political attitudes, membership of parties, trade unions, associations or organisations with a religious, philosophical, political or trade union background, as well as information about a person’s state of health or their sexual orientation. As regards Art. 4 of the Data Protection Code, judicially relevant data will include personal information regarding measures based upon Art. 3 (1) a) to o) and r) to u) of Presidential Decree no. 313 of 14 November 2002 governing criminal records, the register of administrative penalties arising from criminal acts and related proceedings, or the position as a defendant or suspect within the meaning of Articles 60 and 61 of the Code of Criminal Procedure. We would recommend that you do not provide such information on our website. If this is unavoidable (for example if you are part of a protected group of persons and are sending a CV for employment purposes, in response to a job offer or when expressing interest in a job with our company), we would request that you send the specific information letter by post, indicating your written consent to the treatment of said personal and sensitive data.
8.6 Storage of data
Information and personal data collected via this website, including data that the visitor voluntarily provides in order to obtain information material or other communications by writing to the addresses given in the “Contacts” section, will only be kept for the time absolutely necessary to supply the desired service. Once this service has been performed, all personal data will be deleted pursuant to arca’s data protection rules subject to the requirements of the competent authorities or of such storage as required by law.
8.7 Exercise of applicable rights
According to Art. 7 of the Data Protection Code, the data subject has the right at any time to receive confirmation of the existence or otherwise of personal data, as well as of the content and origin thereof, to check the data for correctness and completeness, and to require their updating or correction. The data subject also has the right to have unlawfully used data deleted, anonymised or blocked, as well as at any time to object to the use of such data for good reason. To do this it is necessary to contact the data controller or data protection officer via e-mail at email@example.com.
8.8 Data security
arca protects personal data by means of internationally recognised security standards as well as through procedures that prevent any unauthorised access, unauthorised use and distribution, unauthorised modification and loss, as well as unintentional or unlawful destruction.
8.9 Minors as users/visitors:
The company’s website as governed by the above data protection provisions is not intended for use by minors. We are aware of the need to protect data relating to minors, especially in an online environment, which is why we will not collect or save any data from underage visitors unless this is done unintentionally.
9 – Material
9.1 As regards wood, we would expressly point out that wood is a natural material, thus the colour and grain of each urn will be different and not necessarily match the images in the configurator.
Colour differences in the wood, small healthy knots, swirls, coarse and fine grains are not therefore grounds for complaint.
9.2 As regards the ceramic plates, these are high-quality earthenware plates that are extremely dimensionally stable in terms of their width, length and thickness. As this too is a natural substance, however, slight colour differences may occur and are not therefore grounds for complaint.
9.3 As regards processing, since all work steps are done purely by hand, our products cannot be compared with industrially manufactured goods. Small deviations are therefore possible and in the nature of the craft. With this in mind, such variations do not represent grounds for complaint.
10 – Final provisions
10.1 Subsidiary and/or deviating agreements must be made in writing.
10.2 Should any individual provision of the contract with the business partner, including these General Terms and Conditions, be or become ineffective, in whole or in part, this will not affect the validity of the remaining provisions. The wholly or partially ineffective provision is to be replaced by a provision whose economic effects as closely as possible match those of the ineffective one.
10.3 The place of performance and sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between the parties is Bozen/Bolzano.