TERMS AND CONDITIONS
preiss artnet Ges.m.b.H, at Bauernmarkt 14, 1010 Vienna (hereinafter "PREISS ARTNET") operates a platform for the sale of photographic art in limited edition (hereinafter referred to as "GOODS") at http://www.photographerslimitededitions.com(hereinafter "WEBSITE"), with PREISS ARTNET acting as seller and contracting party.
The business relationship between PREISS ARTNET and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with PREISS ARTNET. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
The GOODS will be produced only after placement of and according to the order of the ordering party.
With the placement of the order the ordering party expressly acknowledges that the quality of the GOODS depends on the material specified on the WEBSITE (e.g. platinum prints) and that due to the production and printing methods, minor variations in colour, format and in the quality of the paper, fabric and surface may occur compared to the samples displayed on the WEBSITE. With the placement of the order the ordering party also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the GOODS are consistent with the terms of the contract and, especially, do not render the GOODS defective.
Unless otherwise stated, prices indicated for the GOODS are "ex works" prices exclusive of statutory VAT, customs duties and import duties, if any, as well as delivery costs for the ordered GOODS. Delivery costs including packaging will depend on the ordered GOODS and on the transport route and may be retrieved by the ordering party for a specific delivery on the WEBSITE.
VAT will not accrue on GOODS sold to ordering parties outside the European Union and to companies with a VAT number. Customs and import duties collected by the ordering party's state of residence shall be borne by the ordering party.
4. Conclusion of Contract and Delivery
The presentation by PREISS ARTNET of GOODS on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the ordering party to submit a purchase offer. PREISS ARTNET does not warrant that the GOODS presented by it are ready for delivery at any time.
Offers to buy shall be submitted online, using the order form made available by PREISS ARTNET. The ordering party is obliged to provide the information requested in the order form truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the ordering party.
Orders are accepted only from persons who are of age and only at the current prices and terms indicated on the WEBSITE from time to time.
The ordering party will receive confirmation of PREISS ARTNET’s receipt of the order. Such confirmation, however, does not constitute an acceptance of the order. An order shall be deemed accepted and a purchase contract concluded not until the ordered GOODS are delivered to the forwarding agent/carrier/postal service. Shipment takes place for the account and at the risk of the ordering party.
Orders are executed within 6 weeks after their receipt, depending on the artist. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out.
Should PREISS ARTNET not be able to execute an order within 6 weeks because the ordered GOOD is not available, or should PREISS ARTNET not accept an order for any other reason, PREISS ARTNET will promptly give notice to the customer and will refund any payments already made by that customer.
Payment of the purchase price shall be made using any of the credit cards indicated on the WEBSITE.
6. Right of Rescission
The ordering party may rescind the contract within 7 work days (Saturdays not counting as work days) after receipt of the GOODS; this time limit is complied with if the ordering party sends the letter of rescission within that period.
In case of rescission, the ordering party shall return to PREISS ARTNET the GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The GOODS are returned at the ordering party's risk. The ordering party shall pay a reasonable compensation in case it has used the GOODS. In case of any deterioration or loss of the GOODS prior to their return, the ordering party shall reimburse that impairment or the value of the GOODS.
7. Retention of Title
PREISS ARTNET shall retain title to the delivered GOODS until full payment has been made.
8. Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply.
PREISS ARTNET disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions.
In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the GOODS be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify PREISS ARTNET. Defective GOODS shall be returned to PREISS ARTNET in their original packaging.
PREISS ARTNET shall not be liable for either technical failures during the operation of the WEBSITE, or for any content on the WEBSITE or on hyperlinked websites, or for damage caused by having visited the WEBSITE or any of the hyperlinked websites.
PREISS ARTNET also disclaims liability for indirect damage, consequential damage, lost profit, savings not made and the like. In cases of slight negligence liability is only accepted up to a maximum amount of EUR 5,000 per damaging event.
The GOODS sold by PREISS ARTNET are protected by copyright worldwide and are made available to the ordering party for its personal use and for resale only. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the GOODS, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the WEBSITE and its contents.
10. Data Privacy
With the placement of the order the ordering party expressly agrees that PREISS ARTNET will use the ordering party's name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the GOODS, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to firstname.lastname@example.org.
11. Place of Performance, Jurisdiction, Applicable Law
Place of performance and place of jurisdiction shall be Vienna. If the customer is a consumer as defined by the Austrian Consumer Protection Act, the Austrian court in the district of which the customer is resident shall have jurisdiction.
The contractual relationship shall be governed by and construed in accordance with Austrian substantive law, to the exclusion of its conflict of law rules and the UN Sales Convention.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.
12. Questions and Complaints
Questions and complaints should be addressed to:
preiss artnet ges.m.b.h
Last updated on: 18. June 2009
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