Terms of Service | ALTRA Studios

Last updated: 25.04.2024

These Terms

(1) This website (the "Site") and/or the Services, including all associated mobile applications (collectively, the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by ALTRA Studios e.U. (hereinafter also referred to as "we", "us" and "our"). These terms and conditions ("Terms") set forth the terms and conditions under which visitors or users (collectively, "User" or "you") may visit or use the Site and/or Services and purchase Products.

(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing or using our Site or purchasing any Products. These terms will tell you who we are, how we sell products to you, how you can cancel the purchase contract and what you can do if you have any problems.

(3) You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you will need permission from your parent or legal guardian to use the Services or purchase Products.

Purchase of products

(1) The purchase of Products is subject to the terms and conditions in force at the time.

(2) When you purchase a product: (i) you are responsible for reading the item description and store policies in full before making a binding purchase, and (ii) completing an order on the Site (by completing a checkout process using the "Order Charged" button or similar button) may constitute a legally binding contract for the purchase of the applicable product; unless these Terms and Conditions provide otherwise.

(3) By clicking on the corresponding button, you can select products from our product selection and place them in the shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you pay, you will be shown an overview of all the products you have added to your shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable value added tax (VAT) /Value Added Tax (VAT) and, if applicable, shipping costs. On the payment page, you also have the option to check the products and quantities and, if necessary, change, remove or correct them. You can also use the edit function to detect and correct any input errors before you place your final binding order. All specified delivery times are effective upon receipt of your payment of the purchase price. By clicking on the "Order with costs" button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the ordering process via the "Order with costs" button, you must first accept these terms and conditions as legally binding for your order by clicking on the corresponding box.

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be listed again and which you can then print out or save using the appropriate function. Please note that this is an automatic notification that only proves that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement for the purchase of the Products is not concluded until we send you a declaration of acceptance by e-mail or dispatch the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method – and you choose this payment method for your order – where a payment transaction is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above via the "Order with costs" button.

(6) The purchase contract may be concluded in German. Once the contract has been concluded, the terms and conditions of the contract will be kept by us, and you will no longer have access to them.

Withdrawal

For information on returns and refunds, please refer to the Shop Policy.

https://www.altrastudios.com/shop-policy

Warranty for products

We are liable for defects in quality and/or title of the products you purchase from us in accordance with the statutory warranty provisions.

Storage of online payment details

You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Vouchers, gift cards and other offers

Coupons, gift cards or discounts and other offers ("Offers") may be available for our products from time to time. Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

Account

(1) In order to access and use certain areas and features of our Site, you must first log in and create an account ("Member Account"). You must provide accurate and complete information when registering your member account.

(2) If someone other than yourself accesses your Member Account and/or your Settings, they may perform any actions available to you, such as making changes to your Member Account. Therefore, we strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been conducted for and on your behalf and you may be solely responsible for those activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you have negligently facilitated the use of your Member Account by failing to take reasonable care in protecting your login details.

(3) You may create and access your Member Account through a designated website or through a third-party platform such as Facebook (the "Social Network Account"). When you sign up using a third-party platform account, you hereby give us access to certain information about you stored in your social network account.

(4) We may suspend or suspend your access to the Member's Account, permanently or temporarily, without any liability on your part, to protect us, our Site and Services, or other users if, for example, you violate any provision of these Terms or any applicable law or regulations related to your use of the Site or your Member Account. This can be done without notice if circumstances require immediate action; in this case, we will inform you as soon as possible. In addition, we reserve the right to terminate your Member Account by email upon two months' notice if, for example, we discontinue our Member Account Program. You can stop using it and request the deletion of your account at any time by contacting us.

Acceptable Use

(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including infringing the rights of any third party) or for any purpose to collect personal information or impersonate other users; (ii) modify or use our copyright, trademark, or other proprietary rights notices, or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort any Content or to undermine the integrity and accuracy of any Content, or take any action to interfere with, damage, or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload any data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device, or manual process to monitor/copy our or any other Sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in conduct that restricts or inhibits other users from using our Services, or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in investigating any activity suspected or actual of violating these Terms.

Intellectual Property Rights

(1) Our Services and related content (and any derivative works or improvements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features and all intellectual property rights therein, are either We are owned or licensed by us (collectively, "our intellectual property rights") and nothing in these Terms grants you any rights in connection with our intellectual property rights. Except as expressly set forth herein or as required by mandatory legal provisions for the use of the Services, you do not acquire any right, title or interest in our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, you are granted the rights as set forth with respect to such content on the Site.

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights, and all information, materials, and content made available in connection therewith and made available to users free of charge are provided "as is" or "as available" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose, or warranties of the security, reliability, timeliness, accuracy, and performance of our services, etc.) with the exception of cases of malicious non-disclosure of defects. We do not warrant that free services will be provided on an uninterrupted and error-free basis or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance, or updates. This does not affect the warranty for products that you purchase from us as set out in the "Warranty for Products" section above.

Exemption

You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including, without limitation, any use that violates the restrictions and requirements set forth in the "Acceptable Use" section unless such circumstances are not attributable to your fault.

Limitation

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A "material contractual obligation" means an obligation, the performance of which is a prerequisite for the proper implementation of the Agreement and on which you normally rely and can reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of a customary and foreseeable damage for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly issued a guarantee.

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply to the benefit of our managing directors, executives or other legal representatives, employees and vicarious agents.

Modification of the Terms and Services; Attitude

We reserve the right to amend these Terms from time to time in our sole discretion to reflect changes in the law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should read these terms and conditions regularly and in any case during the checkout process when you purchase products. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing services you use are affected by the changes to the Terms, we will take reasonable account of your legitimate interests. We will notify you of any such changes well in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will inform you of this in our communication. If you object to the changes, we will have a special right of termination – without any further obligation to you – which will take effect on the effective date of the changes.

We may modify the Services, discontinue the provision of the Services or one or more of the feature(s) of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without further obligations. We will, where possible in the circumstances, give you good notice in advance and take due account of your legitimate interests in such action.

Links to third-party websites

The Services may contain links that allow you to leave the Site. Unless otherwise specified, the Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to such Sites. We are not responsible for any transmissions received from any linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.

Applicable law

(1) These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria (without regard to its conflict of law provisions).

2. The European Commission shall provide a platform for Online Dispute Resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are under no obligation to resolve disputes with consumers before alternative dispute resolution bodies.

MISCELLANEOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Terms are for convenience only and have no legal significance.

(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms will be deleted and the remaining Terms will remain in full force and effect.

(4) You may not assign any of your agreement with us under these Terms or any part of your rights or obligations under this Agreement without our prior written consent.

(5) These Terms constitute the entire Agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.

(6) The provisions of these Terms which, by their very nature, are intended to survive such action on our part, shall remain in effect, including, but not limited to, provisions relating to indemnification, indemnification, disclaimers, limitations of liability, and this "Miscellaneous" section.

Contact

Please use our contact form.