Legal right of withdrawal - Products

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Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)

Instructions for revocation

Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons. Custom work order / individually designed order or International orders (non EU countries) can not be refunded.
The revocation period is 14 days with effect from the day, 

-  on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;

-  on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;

 

- by submitting the order and paying the invoice, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place. Custom work orders will not be refunded. By the time a custom work order is purchased and the invoice payed, the order will not be refunded in any case.

In order to exercise your revocation right, you must inform us ( Sumukh Srivastava, M.Sc., Hebragasse 2, 1090 Wien, Austria - Telephone +43 6643881013- email office@nocturnal-arts.com ) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.

In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, excluding the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. International can not be refunded. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment. Please note we do nat cover the shipping and handling costs for returns. Please notice that we do not accept packages send with GLS, DHL, TNT, Hermes, Österreichische Post, DPD. We suggest UPS or any delivery company which is specialised on art transport. If you deny to receive the package you will be returned your purchase amount. Return of goods can also take place at my address. Expedition time will be shortened if you supply me with informations regarding order confirmation, bank account information and correspondence etc. 
 

The purchased product/artwork must be returned in the same condition, without wear, damage, as you have received it. A refund can only be made if these conditions are met.

 

Please keep postage stamps and track & trace information at hand. Make sure to contact Nocturnal Arts by mail at office@nocturnal-arts.com to ensure that everything is in order.

We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.

You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.

You bear the direct costs for returning the products.

You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.

Criteria for exclusion or expiry

The revocation right is not available for contracts

• for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;

• for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;

• for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;

• for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The revocation right expires prematurely in case of contracts

• for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;

• for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;

• for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.

Specimen - revocation form

(If you wish to revoke the contract, please fill up this form and send it back to us.)

- To Sumukh Srivastava, M.Sc., Hebragasse 2/19, 1090 Wien - email office@nocturnal-arts.com

- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following  products (*)/
  the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date

(*) Cross out the incorrect option.

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Legal right of withdrawal - Services

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Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)

Instructions for revocation

Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons, except for custom work orders.
The revocation period is fourteen days with effect from the day of the conclusion of the contract.

In order to exercise your revocation right, you must inform us ( Sumukh Srivastava, M.Sc., Hebragasse 2/19, 1090 Wien, Austria - Telephone +43 6643881013 - email office@nocturnal-arts.com ) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.

In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.

If you have requested for the services to start during the revocation period, then you have to pay us a reasonable amount which corresponds to the proportion of the services already provided up to the time at which you inform us that you wish to exercise the revocation right as regards this contract in comparison to the overall scope of the services included in the contract.

Criteria for expiry

The right of revocation does not apply to contracts for the provision of services in connection with leisure activities, if the contract stipulates a specific date or period for the provision of services. The right of revocation does not apply for international order (non EU).

The revocation right expires when a contract for provision of services is concluded if the businessman has provided the service completely and has started with the provision of the service only after the consumer has given an explicit approval for the same and, at the same time, has also confirmed that he is aware that he shall lose his revocation right upon complete fulfilment of the contract by the businessman.



Specimen - revocation form

(If you wish to revoke the contract, please fill up this form and send it back to us.)

- To Sumukh Srivastava, M.Sc., Hebragasse 2/19, 1090 Wien, Austria - email office@nocturnal-arts.com

- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
  the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date

(*) Cross out the incorrect option.

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Payment and dispatch

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The following terms and conditions apply:

Dispatch conditions

The products are delivered all over the world.

Dispatch costs (inclusive of legally applicable VAT)

Domestic deliveries (Germany): 
 

We charge a flat shipping fee of 0,00 € per order

Deliveries to foreign countries:

We dont charge shipping costs for deliveries to foreign countries

Delivery periods

Unless otherwise specified in the quote, domestic delivery of goods shall be made (Austria) within 2-5 days, for deliveries abroad within 10-30 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that deliveries are not made on Sundays and other holidays. Please note that we do our best to meet the shipping time, but due to environmental influences such as geographic influences, Covid circumstances, global delivery difficulties, or customs clearance time, the shipping time may vary. If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.

Accepted Payment options

-  Payment via credit card
-  Payment via PayPal

-  Bank Transfer

Further details on payment
If payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.

In case of questions, please contact us at the contact details mentioned in the Legal Notice.