Terms – The Art Of Pelé

Version: August 2024

Preamble

COACT Sportsconsulting GmbH is an Austrian limited liability company, registered in the commercial register of the Commercial Court in Vienna under registration number 583827w, with its seat in Vienna and its business address at Aspanger Zeile 79, 2700 Wr. Neustadt, Austria (“COACT”).
COACT owns and operates the websites theartofpele.com (the “landing page”) and theartofpele.com/shop (the “webshop”; collectively the “websites”), where customers can purchase sport-related merchandise (the “products”) including prints of original paintings, apparel products (T-Shirts, hoodies, caps) and equipped Digital ART frames featuring the Pelé Art Collection.
These Terms and Conditions (“Terms”) govern your access to and use of the websites and the purchase of Products (additionally with any other terms related to the Products themselves). By accessing the websites or purchasing a Product, you consent to be bound by and agree to these Terms.

§ 1. Definitions

Additional Terms	means terms and conditions that apply to the specific Products.
Customers	means persons who are eligible to access the Websites or purchase a Product in accordance with § 3.
Delivery Destination	means the destination specified by the Customer where COACT will deliver the Products.
Landing Page	means theartofpele.com
Products	Merchandise available for purchase, prints of original paintings, apparel products (T-Shirts, hoodies, caps), and equipped Digital ART Frames featuring the Pelé Art Collection.
Purchase Price	means the purchase prices of the Products including statutory value-added tax, as applicable.
COACT	means COACT Sportsconsulting GmbH, 583827w, an Austrian limited liability company with its seat in Vienna and its business address at Aspanger Zeile 79, 2700 Wr. Neustadt, Austria.
Vouchers	means Products that entitle the holder to receive a certain service or a product or that serve as admission tickets to events.
Webshop	means theartofpele.com/shop.
Websites	means the Landing Page and the Webshop, collectively.

§ 2. Products

Products. There are generally two types of Products that can be purchased on the Websites:
1. Merchandise: Including but not limited to prints of original paintings, T-shirts, Hoodies, and Digiral ART Frames featuring the Pele Art Collection.
2. Vouchers. Products that entitle the holder to receive certain perks or that serve as admission tickets to events qualify as vouchers (“Vouchers”).
Additional Terms. Each of the Products are subject to their own terms and conditions, which apply in addition to these Terms (the “Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall apply to the extent of the conflict.

§ 3. Eligibility

Eligibility. To access the Websites or purchase a Product you must meet the following conditions:
1. if you are a natural person, you are at least 18 years old;
2. if you are a legal person, you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;
3. you are not a citizen or resident of any sanctioned or embargoed jurisdiction, including the territories of Crimea and Sevastopol, the Democratic Republic of the Congo, Iran, Libya, North Korea, Russia and Syria.
4. you are not a U.S. Person as defined in Regulation S under the U.S. Securities Act of 1933, nor are you acquiring the Restricted Products for the account or benefit of any U.S. Person.
Customers. Persons who are eligible to access the Websites or purchase a Product are referred to as “Customers”.

§ 4. Webshop

Webshop. On the Webshop, Customers can view and purchase Products. The presentation of the Products on the Websites does not constitute a binding offer by COACT to conclude a purchase contract. The Customer is merely requested to submit an offer by placing an order.
Account. Customers may create an account on the Webshop. Customers are obliged to safeguard their password and to keep their login information secret.

§ 5. Purchase of Products

Purchase Process. Customers may submit an offer to purchase Product(s) by taking the following steps:
1. Selecting the desired Product(s) and adding it to the Customer’s shopping cart;
2. Navigating to the shopping cart, reviewing that the information is correct, and clicking the button ‘Proceed to Checkout’;
3. Providing billing and shipping details as well as payment information;
4. Confirming the order by clicking the button ‘Place Order’.
5. By clicking the button ‘Place Order’, the Customer submits a binding offer to conclude a purchase contract for the Products in the shopping cart.
Confirmation. COACT may confirm receipt of Customer’s offer by sending a confirmation email. This confirmation email does not constitute acceptance of the offer. It merely serves to inform the Customer that the offer has been received by COACT. COACT may accept the offer by either (i) by separate email or (ii) delivery to the Delivery Destination.
Explicit Consent. Before submitting an offer, the Customer is obliged to agree to the Terms (as well as any Additional Terms) by clicking on the checkbox in the Webshop. These Terms (and any Additional Terms) are thereby expressly declared by the Customer and COACT to be an integral part of the contract.

§ 6. Right of Withdrawal

Right of Withdrawal. The Customer may withdraw from the concluded contract within 14 (fourteen) days without giving any reason. This withdrawal period shall commence on the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the goods. If a Customer wishes to exercise their right of withdrawal, they must make a clear declaration (letter sent by post or e-mail) to the contact address given on the Websites that they wish to withdraw from the contract. The Customer can use the sample withdrawal form available on the website (https://theartofpele.com/). To meet the withdrawal period, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Event of Withdrawal. If the Customer withdraws from the contract:
Return. COACT shall be entitled to request immediate return of Products delivered, if the Customer did not pay the Purchase Price duly and on time.
Costs. Costs incurred for the enforcement of COACT’s title by requesting the return of the Products shall be borne by the Customer.

§ 7. Terms of Delivery

Delivery Destination. COACT will deliver to Products to the destination to be specified by the Customer (the “Delivery Destination”).
Delivery Time. Delivery times are estimates and always represent a prospective time for the delivery of Products. Delivery times will be adhered to by COACT as far as reasonably possible.

§ 8. Purchase Price, Delivery Costs

Purchase Price. The purchase prices of Products are listed in the Webshop and shown to the Customer during the purchase process and include the applicable statutory value-added tax (the “Purchase Price”).
Delivery Costs. The Purchase Price does not include delivery costs. The Customer alone bears the costs of delivery. The delivery costs are shown to the Customer during the purchase process.

§ 9. Terms of Payment, Default interest

Default Interest. If the Customer is in default of payment, COACT shall be entitled to demand either compensation for the damage actually incurred or default interest in the amount of 4% per year.
Compounding. COACT is also entitled to demand compound interest from the day of delivery of the Products, if the Customer is in default of payment.

§ 10. Warranties

COACT SPORTSCONSULTING GMBH (“the Company”) ensures that all products sold on our e-commerce platform meet the required standards of quality and functionality as mandated by the Consumer Protection Act, 68 of 2008 (“CPA”).

Warranty Coverage
In compliance with the CPA, our products are warranted against defects in materials and workmanship under normal use for six (6) months from the date of purchase. During this period, if a product is found to be defective, the Company will, at its discretion, repair or replace the product or refund the purchase price, by the CPA.

Exclusions
This warranty does not cover:

Defects caused by normal wear and tear, accidents, misuse, abuse, or neglect.
Products that have been altered or repaired by unauthorized persons.

Claiming Warranty
To claim under this warranty, you must notify us at [insert contact information] and provide proof of purchase. The Company will assess the product to determine the appropriate remedy under the CPA, which may include repair, replacement, or refund.

Limitation of Liability
Nothing in this warranty is intended to limit or exclude any rights you have under the CPA. The Company’s liability for any damages arising from the use of its products is limited to the purchase price of the product. The Company shall not be liable for any indirect or consequential damages unless such liability is imposed by the CPA.

Jurisdiction
This warranty is governed by Austrian law. Any disputes arising out of this warranty shall be resolved in accordance with the CPA.

§ 11. Default of Acceptance

Default of Acceptance. If the Customer has not accepted the Products as agreed (default of acceptance), COACT shall be entitled, to either insist on fulfillment of the contract or withdraw from the contract after setting a reasonable grace period of at least two weeks.

§ 12. Ownership, Retention of Title

Retention of Title. Ownership and title to the Products delivered by COACT shall be retained by COACT until full payment of the Purchase Price including the costs of delivery.
Transfer of Ownership. Ownership of the Products will be transferred to the Customer at the time of delivery of the Products to the Delivery Destination, provided that the Purchase Price has been paid.

§ 13. Data Protection

General
COACT SPORTSCONSULTING GMBH is committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. Provision of information pursuant to Art 13 of the General Data Protection Regulation 2016/679/EU (“GDPR”) regarding the processing of personal data in the context of visiting and using the website https://theartofpele.com/ (“Website” or “Online Shop”) as well as in the context of interacting with our social media and third-party platform presences.

Collection and Use of Personal Data
When you use our e-commerce platform, we may collect personal information necessary to process your orders and provide you with our services. This information may include, but is not limited to, your name, contact details, payment information, and shipping address.

Your data will be used for the following purposes:

Processing and fulfilling your orders.
Communicating with you about your orders, products, and services.
Improving our website and customer service.
Complying with legal obligations.

Data Sharing
We do not sell, trade, or otherwise transfer your personal data to third parties, except as necessary to fulfill your order or as required by law. This may include sharing your data with payment processors, delivery services, and regulatory authorities.

Data Security
We take appropriate technical and organizational measures to secure your personal data against unauthorized access, loss, or destruction. However, while we strive to protect your personal information, we cannot guarantee its absolute security.

Your Rights
You have the right to access, correct, or delete your personal data held by us. You may also object to the processing of your data or request the restriction of processing in certain circumstances. To exercise these rights, please contact us at [insert contact information].

Changes to This Policy
We may update this Data Protection section from time to time to reflect changes in our practices or legal requirements. Any changes will be posted on our website, and we encourage you to review this section periodically.

Contact Information
For any questions or concerns regarding your personal data, please contact us at: info@theartofpele.com

§ 14. Miscellaneous

14.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and COACT SPORTS CONSULTING GMBH regarding your use of our e-commerce platform and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.

14.2 Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

14.3 Waiver
No waiver by the Company of any breach of these Terms and Conditions shall be deemed a waiver of any subsequent breach. The failure of the Company to enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

14.4 Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Austria. Any disputes arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Austria.

14.5 Force Majeure
The Company shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, wars, or any other force majeure events.

14.6 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without the prior written consent of COACT SPORTSCONSULTING GMBH. The Company may assign or transfer its rights and obligations under these Terms and Conditions without your consent.

14.7 Notices
Any notices required or permitted to be given under these Terms and Conditions shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered mail, courier, or email to the addresses provided in these Terms and Conditions.