General Terms and Conditions of Sale
1. Scope of Application
1.1. These General Terms and Conditions (AGB) apply exclusively to the business relationship between Martin Swoboda (born 04.02.1984), Amerlingstraße 17, 1060 Vienna, Austria (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") in their version valid at the time of the order.
1.2. For inquiries, complaints, and objections, please contact the Seller on weekdays between 10:00 AM and 6:00 PM via phone at +43 664 4347202 or email at [email protected].
1.3. Deviating conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.
2. Offers and Descriptions of Services
2.1. The presentation of products in the art shop does not constitute a legally binding offer but an invitation to submit an order. Descriptions of services in catalogs and on the Seller's websites do not constitute assurances or guarantees.
2.2. All offers are subject to availability, unless otherwise stated for specific products. Errors and omissions excepted.
3. Ordering Process and Conclusion of Contract
3.1. The Customer can select products from the Seller's range and inquire about them via a contact form by email. The final purchase price will be agreed upon between the buyer and the seller. Prices indicated on websites, catalogs, or events are non-binding and serve only as an indication.
3.2. Once a purchase price is agreed upon, the Seller will send the Customer a sales confirmation via email, listing the Customer's order (including delivery terms), which the Customer can print using the "Print" function (order confirmation). The purchase contract is concluded only when the Seller hands over the ordered product to the Customer on-site at Amerlingstraße 17, 1060 Vienna. The handover can be made directly to the buyer, to a representative named by them, or to a carrier.
4. Prices and Shipping Costs
4.1. All prices include the applicable statutory value-added tax.
4.2. If the Seller incurs shipping costs (by commissioning a carrier), these will be disclosed to the buyer before shipment. The shipping costs are borne by the buyer.
5. Delivery and Product Availability
5.1. If advance payment is agreed upon, delivery will occur after receipt of the invoice amount.
5.2. If delivery fails due to the Customer's fault after three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
5.3. If the ordered product is unavailable, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer promptly. If no alternative product is available or the Customer does not wish to receive a comparable product, the Seller will refund any payments already made.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., limitations on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The agreed purchase amount is due at the time of delivery of the goods (advance payment). An irrevocable payment order confirmation from the buyer on the day of delivery suffices as proof of payment.
6.2. If third-party providers are commissioned with payment processing, e.g., PayPal, their General Terms and Conditions apply.
6.3. The Customer has the right to offset only if their counterclaims have been legally established or acknowledged by the Seller. The Customer may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
7.1. In the case of installment payments, the delivered goods remain the property of the Seller until full payment has been made.
8. Right of Withdrawal
8.1. In the case of distance contracts, the withdrawal period is 14 calendar days. Within this period, the consumer may withdraw from such contracts without providing a reason and largely without incurring costs.
8.2. The return shipping costs are to be borne by the Customer.
9. Liability
9.1. The Seller's liability for damages is subject to the following exclusions and limitations, irrespective of other statutory requirements.
9.2. The Seller is fully liable if the damage is caused by intent or gross negligence.
9.3. The Seller is also liable for slight negligence in the breach of essential obligations, the fulfillment of which enables the proper execution of the contract and on the compliance with which the Customer regularly relies. In this case, the Seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for slight negligence in the breach of other than the aforementioned obligations.
9.4. The above liability limitations do not apply in cases of injury to life, body, and health, for defects after assuming a guarantee for the quality of the product, and in cases of fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Final Provisions
10.1. The place of jurisdiction and performance is the Seller's registered office.
10.2. The language of the contract is German.
10.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
