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GTC

§1 General Information
1.    The Blitzkinder Fotografie Andrea Mühlbachler, (hereinafter referred to as "Blitzkinder") operates a sales platform for prints, artworks and other products at http://www.your-popart.com. As the operator and owner of this platform, Blitzkinder is also the contracting party for customers ordering goods and services from this platform.
2.    All contractual relationships between Blitzkinder and its customers are subject to these Terms and Conditions exclusively. Customers' differing terms and conditions are not valid. Any collateral agreements, amendments to or supplements of this Agreement must be in writing in order to be valid. By placing an order with Blitzkinder, the customer agrees to these Terms and Conditions.

3.    The customer shall provide all data required in the Order Form (Name, Address, etc.) accurately and completely. The customer shall assume liability for any damage resulting from the incorrectness of the data provided.

§2 Conclusion of Contract
1.      Prints, artworks and other products presented by Blitzkinder on the Internet or in other media do not represent any offer for sale but prompt the customer to place a purchase order. Purchase orders can be placed using the online Order Form provided by Blitzkinder.

2.      The customer's order is deemed accepted by direct delivery, i.e. by delivery of the goods to forwarder / carrier / post.

3.      Purchase orders are accepted at the current prices and conditions exclusively. All prices quoted include VAT, unless otherwise noted. All prices quoted in oral or written form are without obligation. Errors and short-notice changes in price excepted.

4.      Blitzkinder shall not assume any liability for the availability of all products at any time. In the case that one or more products are not available, Blitzkinder shall inform the customer as soon as possible. In case the customer has already paid for the goods, Blitzkinder shall be bound to reimburse the customer.

§3 Right of Withdrawal / Right of Return
1.      Since every artwork is produced individually, there is no right of withdrawal after the customer has placed the order.

2.      However, the customer shall be able to cancel the order with a cancellation fee of EUR 50,00 (fifty), as long as the artwork has not been completed on canvas. Prior to cancellation, the customer shall inquire with Blitzkinder about work progress in written form. In the case that the artwork has been completed on canvas already, the customer shall pay the full price according to the current price list.

§4 Warranty
1.      Blitzkinder shall not assume any liability for minor differences between the goods delivered and those presented beforehand. In the case of posters, art prints, graphics, and other print products, minor deviations from samples in color, format, and paper-/fabric-/surface quality are inevitable in terms of manufacturing and printing techniques. Further, changes may occur with respect to existing image borders, their dimensions, or a caption. Such changes do not entitle the customer to a complaint.

2.       For products distributed by Blitzkinder, materials customary in trade are used. Liability for prints, colors, materials, light resistance, etc. can only be assumed based on average durability.

1.      The customer shall report any wrong deliveries and obvious defects to Blitzkinder in written form within two weeks after delivery. The customer's obligation of immediate notification of defects shall not be affected.

2.      The customer shall report any damages in transit immediately to carrier, and shall keep the package for the purpose of securing any claims until further notice. Blitzkinder reserves the right of remedying a defect, even repeatedly, and of replacement. Should this fail, the customer shall be entitled to demand a reduction in the purchase price or to repudiate the contract.

3.      Warranty shall not apply to damages caused by customers or other third parties by improper handling. This applies to damages caused by improper packaging of the returned goods as well.  

§5 Copyright
1.      Products distributed by Blitzkinder are protected by copyright worldwide. The customer shall not be entitled to produce, reproduce, or distribute the goods on their own or with third parties.

§6 Reservation of Proprietary Rights
1.      The property in the goods shall not pass to the customer until they have been paid for in full.

2.      If nevertheless, the customer sells goods that are still Blitzkinder's property, he/she shall transfer the reservation of title as well.

3.      The customer shall report any access to Blitzkinder's property by third parties without delay.

4.      Customer shall be entitled to pledge or assign as security Blitzkinder's goods upon Blitzkinder's explicit approval only.

5.      In the case of non-contractual behavior, especially if the customer is in default or does not effect payment immediately despite reminders, he/she shall hand out the goods. The customer shall bear the costs for returning the goods.


§7 Payment
1.      Depending on the destination country, payment can be effected by credit card, prepayment, or cash on delivery.

2.      Upon good cause shown, Blitzkinder shall be entitled to demand prepayment.

§8 Protection of Data Privacy
1.      Blitzkinder shall inform the customer adequately about the type, extent, place and purpose of collecting, processing and using personal data that are required for the execution of the order. The customer explicitly agrees to the collection, processing and use of personal data.

§9 Place of Fulfillment, Place of Jurisdiction
1.      In the case that the customer is a merchant according to the Commercial Code (="HGB" = Handelsgesetzbuch), or if the customer is not a registered trader and hence does not have a place of general jurisdiction in Austria, the Place of Fulfillment and Jurisdiction shall be Vienna.

2.      The laws of Austria shall apply.

§10. Final Provisions / Severability Clause
1.      In the event any of the following standard terms and conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected, and any such invalid term shall be interpreted or amended in such a way as to reflect as far as possible the underlying business aim.