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"Modern Art Vienna", owner: Theresia Sommer, Brennleitenstrasse 29, 2202 Hagenbrunn, Austria (hereinafter "MAV") specialises in the sale of hand-painted paintings in XXL size 215 x 150 cm.
These General Terms and Conditions (hereinafter referred to as "GTC") deal with the trade via the webshop on the page: https://modern-art-vienna.com.
These GTC can also be used in offline trade, i.e. when the business transaction does not take place via distance selling.
The customers are usually consumers in the sense of § 1 para 1 no. 2 KSchG („Austrian Costumer Protection Act“), but also entrepreneurs in the sense of § 1 para 1 no. 1 KSchG.
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.
All business relations between MAV and the Customer shall be subject to these GTC in the version applicable at the time of conclusion of the transaction. These GTC supersede any general terms and conditions of the Customer.
These GTC may be permanently stored on the Customer's computer and/or printed out by the Customer for the purpose of online ordering.
The contractual, ordering and business language is German.
In order to be able to purchase goods electronically from MAV, customers may have to register in the online shop. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He must treat his data confidentially and protect it from access by unauthorised persons. If the Customer suspects misuse by third parties, he must inform MAV of this immediately.
The Customer shall refrain from all measures that could endanger or impair the technical provision of the online shop (including cyber attacks). Such behaviour shall be legally prosecuted.
By clicking the button "Order subject to payment", the Customer submits a binding offer to conclude a contract with MAV. MAV is not obliged to accept this offer. Before finally sending an order, the Customer shall have the opportunity to check it once again for any errors and to correct it if necessary.
MAV shall confirm receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("Order Confirmation"). This e-mail does not constitute an acceptance of the offer by MAV.
MAV reserves the right to check the feasibility of the request within three working days.
MAV may accept offers by confirming the acquisition of the offer in another e-mail ("order confirmation") or by sending the ordered goods. Only then does the contractual relationship with the customer come into effect.
Order processing takes 1-3 working days. Delivery within Austria 3-5 working days after receipt of payment.
The delivery time worldwide can take 7-30 days.
Unless expressly agreed otherwise, no firm deal (as defined in § 919 ABGB („Austrian Civil Code“)) shall be deemed to be owed.
If MAV is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks on the part of third party suppliers, MAV shall inform the Customer of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the stoppage of the events.
If an order is placed via the goods shop, MAV shall assume that the customer legally represents the customer and is authorised to place the order (prima facie power of attorney).
The prices listed in the shop are in EUR.
In case of doubt, VAT is not yet included. The amounts stated at the time of ordering shall apply in each case. MAV shall inform the customer once again about the prices, taxes and shipping costs in the order summary before the order is completed.
The goods will only be delivered after receipt of the full purchase price.
In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which MAV is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
The payment methods accepted by MAV are listed in the webshop.
More detailed information on payment and shipping can be found on our website.
In the case of self-collection, MAV shall first inform the customer that the goods ordered by him/her are ready for collection. After receiving this message, the customer may collect the goods from MAV's registered office by arrangement with MAV. In this case, no shipping costs will be charged. Collection from the shop is only possible by telephone arrangement.
Payment shall be made by bank transfer to the account specified by MAV. Whether payment is made in instalments or as a one-off („Zielschuldverhältnis“) depends on the agreement between MAV and the customer.
MAV's receivables shall become due upon invoicing. If the claims are not paid within seven days, MAV shall charge 4% per year in statutory default interest from the due date. In the event of default, the Customer undertakes to reimburse MAV for the reminder and collection expenses incurred, insofar as they are necessary for the appropriate prosecution. If the Customer is an entrepreneur, § 456 and § 458 of the Austrian Commercial Code (UGB) shall apply.
MAV requests - without prejudice to the right of revocation within the meaning of point 8 and any warranty rights - that the Customer complains to the delivery agent about delivered goods with obvious transport damage and informs MAV of this.
This right of withdrawal only applies to consumers.
This right of withdrawal expressly does not apply with regard to goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods.
In order to exercise the right of withdrawal, the Customer must inform MAV of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the Customer may use the model withdrawal form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on MAV's website.
A declaration of revocation shall be sent to the following address:
Modern Art Vienna
Owner: Theresia Sommer
Brennleitenstrasse 29,
2202 Hagenbrunn,
Austria
Tel.: + 43 06643016754
E-mail: info@modern-art-vienna.com
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, a confirmation of receipt of such revocation will be sent to the customer. If the Customer revokes the contractual declaration or a contract that has already been concluded, MAV shall repay all payments that it has already received from the Customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen a type of delivery other than the inexpensive standard delivery offered by MAV) without undue delay and at the latest within fourteen days from the day on which the notification of the revocation of this contract is received by MAV. MAV shall use the same means of payment for the repayment that the Customer used for the original transaction.
The direct costs of the return shipment shall be borne by the Customer. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary to check its condition, the Customer shall be liable for this loss in value.
MAV shall not be responsible if it is unable to meet its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.
All goods delivered by MAV shall remain its property until full payment has been made. A sale of the goods by the Customer to a third party prior to their full payment shall require MAV's prior consent.
If the Customer has not taken over the goods as agreed (default in acceptance), MAV shall be entitled to either store the goods, for which a reasonable storage fee may be charged per calendar year or part thereof, or to deposit the goods in court at the expense and risk of the Customer.
MAV's liability for slight negligence is excluded. Liability shall be limited to the amount of damage typically foreseeable at the time of conclusion of the contract.
This limitation of liability shall not apply with regard to personal injury or for damages under the Product Liability Act.
MAV offers no guarantee that the photos published in the goods shop are identical to the goods actually delivered. For the avoidance of doubt, it is hereby stated that only the paintings visible in the photo are the subject of this legal transaction.
The risk of loss of or damage to the goods shall (only) pass to a consumer when the consumer or a third party authorised by him to receive the goods (who is not the carrier) has taken possession of the goods.
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 (1) lit b GDPR). Otherwise, the contracting parties are obliged to maintain secrecy about the circumstances and data related to the other party of which they become aware due to the present business relationship and, in particular, to observe data secrecy. These data and business secrecy obligations shall also apply beyond the contractual relationship.
MAV draws attention to the fact that the Customer's data may be processed for advertising purposes on the basis of legitimate interests (Art. 6 (1) lit f GDPR). The Customer may object to this form of data processing at any time (Art 21 (2) GDPR).
Further information on the processing of personal data can be found in the privacy policy.
MAV may use vicarious agents for the performance of its obligations under this Agreement, unless a highly personal performance has been expressly agreed.
This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory rules of his country of residence (Art 6 (2) Rome I Regulation).
The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded. The exclusive place of jurisdiction is Korneuburg. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before those courts in whose jurisdiction his domicile, habitual residence or place of employment is located.
The place of performance shall be the registered office of MAV.
Attention is drawn to the possibility of settling disputes via an online dispute resolution platform (Article 14 (1) sentence 1 of the ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. MAV is prepared to participate in a dispute resolution procedure before a consumer arbitration board.
The contractual relationship with the customer begins with the conclusion of the contract. If a one-off service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services.
Vouchers issued free of charge by the MAV with a specific period of validity can only be redeemed during the specified period.
Vouchers are transferable. MAV may make payment with discharging effect to the respective holder redeeming the voucher.
If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intentions of both contracting parties as discernible from the agreement.
Amendments to these terms and conditions as well as supplements thereto shall only be valid if agreed and signed in writing.
MAV recommends that the Customer save these GTC permanently.
(May 2021)
Imprint according to § 5 ECG, § 25 MedienG and § 14 UGB:
Theresia Sommer
Brennleitenstrasse 29,
2202 Hagenbrunn,
Austria
Object of the company: Trade in goods of all kinds
UID number: ATU74004356
Tel.: + 43 06643016754
E-mail: theresia.sommer@aon.at
Member of: WKO Lower Austria
Trade regulations: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517
Supervisory authority/trade authority: District Administration of Lower Austria
Author: Attorney-at-law Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.
A copy of these GTC, or even parts thereof, requires the consent of the originator.
