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Terms of Service

 

Terms and Conditions – Aria Sydney

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

  • Day: calendar day.

  • Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  • Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unaltered reproduction of the stored information is possible.

  • Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication.

  • Means of distance communication: any method that can be used for concluding a contract without the consumer and entrepreneur being in the same place at the same time.

  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company name: Aria Sydney

  • Chamber of Commerce number: Available upon request

  • Trade name: Aria Sydney

  • VAT number: Available upon request

  • Customer service email: support@aria-sydney.com

  • Business address: Sydney, Australia

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be inspected and that they will be sent free of charge upon request.

  3. If the contract is concluded electronically, the text of these General Terms and Conditions will be made available to the consumer electronically in a way that allows easy storage on a durable medium.

  4. If product- or service-specific conditions apply in addition to these General Terms and Conditions, the consumer may always rely on the provision most favorable to them in case of conflicting terms.

  5. If one or more provisions of these Terms are declared void or annulled, the remaining provisions remain in effect.

  6. Situations not covered by these Terms will be interpreted in the spirit of these Terms.

Article 4 – The Offer

  1. If an offer is subject to conditions or limited validity, this will be clearly stated.

  2. The offer is non-binding and may be changed by the entrepreneur.

  3. The description of the products or services is complete and accurate. Images provided are truthful representations but may differ slightly from reality.

  4. Each offer specifies:

    • the price (excluding import duties, VAT, and clearance costs for non-EU countries, which are the responsibility of the customer);

    • shipping costs;

    • payment, delivery, and performance details;

    • whether the right of withdrawal applies;

    • and the minimum contract duration if applicable.

Article 5 – The Agreement

  1. The contract is concluded once the consumer accepts the offer and meets the stated conditions.

  2. If the offer is accepted electronically, Aria Sydney shall immediately confirm receipt of acceptance electronically.

  3. Aria Sydney shall take appropriate security measures for online transactions.

  4. Within legal limits, Aria Sydney may check whether the consumer can meet their payment obligations. Orders may be refused with reasons provided.

  5. Upon delivery, the consumer will receive written confirmation including:

    • Aria Sydney’s business address for complaints;

    • details of the right of withdrawal;

    • information on guarantees and after-sales service;

    • conditions for termination in case of ongoing contracts.

  6. Agreements are subject to product availability.

Article 6 – Right of Withdrawal

  1. Consumers may withdraw from a purchase within 14 days of receiving the product, without giving any reason.

  2. During the cooling-off period, the consumer must handle the product and packaging carefully. Products should only be used to the extent necessary to determine if they are suitable.

  3. If exercising the right of withdrawal, the product must be returned with all accessories and in original condition and packaging.

  4. The consumer must notify Aria Sydney within 14 days of receipt if they wish to withdraw, after which they must return the product within 14 days.

Article 7 – Costs in Case of Withdrawal

  1. Return shipping costs are borne by the consumer.

  2. Any payments made by the consumer will be refunded within 14 days of withdrawal, provided that the returned product has been received or sufficient proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

  • Products made to consumer specifications;

  • Clearly personalized products;

  • Products that cannot be returned due to their nature;

  • Products that may deteriorate quickly;

  • Sealed products (such as hygiene items or software) once unsealed.

Article 9 – Price

  1. Prices will not be increased during the validity period of an offer, except for changes due to legal VAT or tax adjustments.

  2. All prices are subject to printing or typographical errors. Aria Sydney is not obliged to deliver at incorrect prices.

  3. For non-EU orders, import duties and clearance costs will be charged directly by the courier/postal service to the consumer.

Article 10 – Conformity and Guarantee

  1. Aria Sydney guarantees that products conform to the agreement, specifications in the offer, and legal requirements.

  2. Any defects must be reported within 14 days of delivery. Returns must be in original packaging and condition.

  3. The warranty corresponds to the manufacturer’s warranty and excludes misuse, unauthorized repairs, or abnormal use.

Article 11 – Delivery and Execution

  1. Aria Sydney will take the greatest care in receiving and executing product orders.

  2. Deliveries are made to the address provided by the consumer.

  3. Orders will be executed within 30 days unless otherwise agreed. Delays will be communicated, and the consumer may cancel at no cost.

  4. The risk of loss or damage passes to the consumer upon delivery.

Article 12 – Duration Transactions, Termination, and Renewal

  1. The consumer may terminate an indefinite contract for recurring delivery with one month’s notice.

  2. Fixed-term contracts may be terminated at the end of the term with one month’s notice.

  3. Contracts will not be tacitly renewed beyond their agreed duration, except for newspapers/magazines (max. 3 months).

  4. Trial subscriptions end automatically unless expressly renewed.

Article 13 – Payment

  1. Unless otherwise agreed, payments must be made within 7 working days after the cooling-off period begins.

  2. The consumer must provide accurate payment details.

  3. In case of non-payment, Aria Sydney reserves the right to charge reasonable collection costs.

Article 14 – Complaints Procedure

  1. Complaints must be submitted within 7 days after the consumer identifies defects.

  2. Aria Sydney will respond to complaints within 14 days. If more time is needed, the consumer will be informed with an estimated timeframe.

  3. Complaints do not suspend payment obligations unless confirmed otherwise by Aria Sydney.

  4. If a complaint is justified, Aria Sydney will either replace or repair the product free of charge.

Article 15 – Disputes

  1. These Terms and Conditions are governed exclusively by Australian law.

  2. In case of disputes, the competent court in Sydney, Australia, shall have jurisdiction, unless mandatory law prescribes otherwise.