General Terms and Conditions of Business
The following General Terms and Conditions of art in print (Kreuzhuber & ReisingerChowdhury OG, Vienna) – hereinafter referred to as art in print – are accepted by you with your order; they are thus valid between you and us.
§ 1 Scope of application
a. The business relationship between Kreuzhuber & Reisinger-Chowdhury OG, trading
under the brand name art in print, and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
b. art in print does not recognise any deviating terms and conditions of the ordering party, unless art in print has expressly agreed to their validity in writing.
§ 2 Conclusion of contract
a.) The prices quoted by art in print are final prices and include statutory value added tax
where applicable. The prices quoted for works of art and other goods include packaging costs and shipping costs within Austria.
b.) When you place an order with art in print, we will send you an e-mail confirming receipt of your order and setting out the details thereof (order confirmation). Your order constitutes the purchase contract.
c.) We reserve the right to execute your offer only partially, i.e. to deviate downwards from your order quantity with regard to the number of artworks and other goods.
c.) Should a work of art not be available, there shall be no claim to delivery.
§ 3 Revocation and returns
a.) You may revoke your contractual declaration within 14 days without stating reasons in writing (e.g. letter, e-mail) or – if the goods are delivered to you before the expiry of the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfilment of our information obligations. To comply with the revocation period, it is sufficient to send the revocation or the item in good time.
If a subscription is taken out, the cancellation period shall be 14 days after the declaration of contract. Cancellation after receipt of the first mailing is not possible.
b.) The revocation is to be sent to:
art in print
Kreuzhuber & Reisinger-Chowdhury OG
An den langen Lüssen 8/4
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received goods and services or benefits (e.g. benefits of use) in whole or in part or only in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any benefits derived from it if the benefits or the deterioration is due to handling of the item that goes beyond testing its properties and functionality. Items that can be sent by parcel post are to be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40.00 or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the item, for us with its receipt.
If you have taken out a subscription, any payments already made will be refunded.
End of the cancellation policy
a.) You can avoid the obligation to pay compensation by not using the goods as an owner and by refraining from doing anything that could impair their value. Goods are to be returned for protection only in the original special packaging of the outward journey using all protective materials.
b.) There is no right of withdrawal or return for the following goods: Custom-made products. Framed prints are explicitly excluded from exchange as the frames are custom-made.
c.) Please contact us before returning the goods at email@example.com. To ensure a smooth return process, we will send you a return slip immediately.
§ 4 Delivery
a.) Unless otherwise agreed, delivery shall be ex warehouse art in print to the purchaser’s address or to the delivery address specified by the purchaser. Information on the delivery period is non-binding, unless a binding delivery date has been agreed in exceptional cases.
b.) The buyer shall inspect the goods immediately for damage. Should obvious damage be present and only be noticed after acceptance, the buyer must notify us of this within a period of 5 days after acceptance. If the buyer fails to do so, the assertion of claims for such obvious damage shall be excluded.
§ 5 Due date and payment, default
(1) The buyer shall pay the purchase price in advance (invoice/credit card) or by instant bank transfer prior to delivery. In the event that payment is returned, art in print shall be entitled to demand a processing fee of EUR 15.00 from the orderer.
§ 6 Shipping costs
1. art in print shall not incur any additional costs if, for logistical reasons, it distributes the order over several consignments.
2. handling, packaging and shipping in Austria is free of charge. Within the EU, art in print charges costs. We will be happy to inform you of the exact costs by e-mail to firstname.lastname@example.org.
Your order will be carefully packed, unframed prints will be sent as soon as possible. As the frames are custom made, please allow 2-3 weeks for delivery if you order a frame. If you have special requests, such as express delivery or separate delivery of graphics and frames, please contact us at email@example.com.
§ 7 Offsetting, retention
The orderer shall only be entitled to set-off if his counterclaims have been legally established or recognised by art in print. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 8 Retention of title
The delivered goods remain the property of art in print until full and final payment has been received.
§ 9 Liability
1. art in print shall only be liable if art in print or one of its vicarious agents has breached a material contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of art in print or one of its vicarious agents. Unless this is due to gross negligence or intent, art in print’s liability shall be limited to the damage that was reasonably foreseeable at the time the contract was concluded.
2. liability due to warranted characteristics, in the event of personal injury and on the basis of mandatory statutory provisions, in particular the Product Liability Act, shall remain unaffected.
§ 10 Warranty, proper handling
1. Details of the works of art are given mainly on the basis of information provided by the artists to art in print. art in print will check the details as far as possible and is liable only to a limited extent for the accuracy of this information.
2. Works of art, especially printed matter and photographs, are subject to environmental influences; their appearance and colouring can change and fade. art in print accepts no liability for this unalterable process of change.
3. Otherwise, the statutory warranty period shall be 2 years and shall commence upon delivery of the goods. In the event of a warranty claim, the buyer shall first be entitled to subsequent performance or rectification. If art in print is unable to provide subsequent performance or rectification or if this is delayed beyond a reasonable period for reasons for which art in print is responsible, or if it fails for other reasons or is unreasonable, the purchaser shall be entitled either to withdraw from the contract or to demand a corresponding reduction in the purchase price (abatement).
4. Excluded from the warranty are damages which are due to natural wear and tear, improper use and insufficient or incorrect care or storage. For the rest, we refer to § 4.
5. insofar as the works of art offered by art in print are editions, deviations in colour and size from the representation on the internet are possible. Warranty claims due to these deviations are excluded.
6. Prints, laminations and frames may not be exposed in whole or in part to direct sunlight, may not be hung directly over heaters and may not be exposed to humidity levels exceeding those of normal living rooms. Prints, laminations and frames are therefore not suitable for outdoor use, basements, bathrooms and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and may therefore only be handled with gloves or comparable protection.
§ 11 No granting of rights, exhibitions
With the purchase of a work of art, you acquire only the real ownership of the work of art. No rights of use are granted. Any reproduction (duplication), distribution, rental, making available to the public or other analogue or digital exploitation is not permitted. The public exhibition of purchased works of art requires the consent of the artist concerned in each individual case.
§ 12 Applicable law
EU (Austrian) law shall apply with exclusion of the UN Convention on Contracts for the International Sale of Goods.
Vienna, January 2022
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.