General terms and conditions
Showroom for Applied Art
Karin Merkl, Mag.
T: +43/1/524 25 02
M: +43/676/75 76 700
§ 1 General
(1) The following "General Terms and Conditions" (GTC) apply in the version valid on the day of the order for the sale and delivery of goods by the Schauraum für angewandte Kunst (SAK). Any agreements to the contrary must be made in writing. By placing an order, the customer agrees to these GTC and is bound by them.
(2) Should individual provisions of these GTC be or become ineffective in whole or in part due to mandatory statutory provisions, the remaining provisions of these GTC shall remain effective unchanged.
§ 2 Conclusion of contract
(1) SAK reserves the right to change the content of the respective service offer at any time. All offers by SAK are subject to change and are to be understood as an invitation to the customer to submit an offer himself.
(2) The contract is concluded by acceptance of the order by SAK, either by sending an order confirmation by post, fax or e-mail, but at the latest with the delivery of the goods.
§ 3 Right of withdrawal - "money back" guarantee
(1) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from the purchase 14 days after taking delivery of the goods without giving reasons. It is sufficient if the declaration of withdrawal is sent within the period without giving reasons.
(2) In the event of withdrawal, the purchase price shall be refunded concurrently with the return of the goods received from the customer. The condition for this is that the goods are in an unused condition and can be resold as new. The costs of the return shipment shall be borne by the customer.
(3) Items that are impaired or damaged by signs of use cannot be returned.
(4) "Money back" guarantee: 14 days right to return unused goods. You will be refunded the purchase price on request or offset it against a replacement order.
§ 4 Prices
(1) Unless otherwise stated, all prices are net prices "ex warehouse" excluding statutory VAT and excluding all expenses incurred in connection with the shipment. The prices are valid until revoked.
(2) Should export or import duties become due in the course of shipment, these shall also be borne by the customer. The prices for the deliveries and services offered do not include costs charged by third parties.
(3) In the case of sales to entrepreneurs within the EC, no Austrian VAT shall be due upon proof of the VAT identification number; these entrepreneurs shall pay the VAT in their home country.
§ 5 Terms of delivery
(1) Delivery shall be made by post. Normally, the goods are handed over to the post office within 7 working days of the customer's order.
If SAK is unable to accept an order - for example due to the unavailability of the goods - the Customer will be informed of this immediately.
(2) Delivery shall be made to the address specified by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all costs arising therefrom.
§ 6 Payment methods
(1) Unless otherwise agreed, invoices are due immediately upon receipt, free of charges.
(2)In the event of late payment, interest on arrears shall be charged at the rate of 10% per annum.
Schauraum für angewandte Kunst, Siebensterngasse 33, 1070 Vienna Account number: 759 088 610, BLZ 12000, Bank Austria Wien
IBAN: AT 27 12000 00759088610; BIC: BKAUATWW
§ 7 Defects
(1) If the parcel shows external damage on delivery, the customer is requested to record the defects in writing together with the deliverer (postman) and to check the goods in his presence for a possible refund. Without this damage report confirmed by the carrier, SAK cannot deliver a replacement free of charge and cannot refund the value of the goods.
(2) Defects are to be notified in writing or by fax without delay, at the latest 7 days after receipt of the goods.
(3) In the event of a justified complaint about a defect, SAK is entitled at its discretion to rectify the defect or to make a replacement delivery. If the rectification of the defect fails or if SAK is not in a position to make a replacement delivery, the customer is entitled to demand a price reduction or cancellation of the contract.
(4) SAK expressly points out that its goods are handmade. Therefore, the goods may differ in size, shape, colour, design and material quality. These are signs of the unique character of the goods and are not grounds for complaints.
§ 8 Retention of title
(1) The goods remain the property of SAK without exception until payment has been made in full.
§ 9 Data protection
(1) The customer acknowledges that the use of the data about the customer stated in the contract will be stored and processed for accounting and customer record purposes. The data will be used to comply with legal requirements and to process payment transactions. Customer data will not be disclosed to third parties unless this is absolutely necessary for the execution of the contract.
(2) The Client agrees to be informed about SAK services and products also by e-mail. This consent can be revoked by the Client at any time.
§ 10 Place of jurisdiction and applicable law
(1) The place of jurisdiction and performance of the contract shall be Vienna.
(2) Austrian law shall apply to this contract. The contractual language is German.