§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.
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.