Terms of service
ARTStudio MH e.U.
Industriepark West 13
8772 Traboch / AT
+43 676840508580
office@artstudio.art
UID-Nummer: ATU 70329548
Stand: Februar 2024
3. Webshop
3.1 Scope
3.1.1 These general terms and conditions (hereinafter “GTC”) of ArtStudio MH e.U. (hereinafter also referred to as “ArtStudio”, “we” and “us”) apply to all contracts that a consumer or entrepreneur (hereinafter also “customer”) , referred to as “you” and “your”) with ArtStudio MH e.U. regarding our goods and/or services presented in the online shop of this website.
3.1.2 We act exclusively on the basis of the following General Terms and Conditions in the version valid at the time of your order.
3.1.3 There are no oral side agreements and/or agreements. The provisions of these General Terms and Conditions can only be waived in writing. Furthermore, the inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed in writing.
3.1.4 The range of goods in the online shop is aimed exclusively at buyers who have reached the age of 18.
3.2 Conclusion of contract
3.2.1 The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. By clicking on the “Order now with payment” button, buyers submit a binding purchase offer. The same applies to a telephone order. After receipt of the purchase offer, buyers receive an automatically generated email with which ARTStudio confirms that they have received the order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the purchase offer. A contract is not concluded through the confirmation of receipt.
3.2.2 A purchase contract for the goods is only concluded when ARTStudio expressly declares acceptance of the purchase offer or when the goods are sent to the buyer - without a prior express declaration of acceptance. This also applies if the customers have already paid or instructed to pay the purchase price before the contract is concluded due to the payment method they have chosen. If in this case the ARTStudio cannot accept an order due to a lack of availability of goods or the contract is not concluded for other reasons, it will of course refund the advance payment immediately.
3.2.3 If the order includes several items, the contract is only concluded for those items that are expressly listed in the ARTStudio shipping confirmation. A statutory right of withdrawal remains unaffected by the above regulations in any case.
3.2.4 The customers are consumers if they conclude the contract for purposes that cannot be predominantly attributed to a commercial or independent professional activity. On the other hand, all natural or legal persons or partnerships with legal capacity who, when concluding the respective legal transaction, act in the exercise of their commercial or independent professional activity are to be regarded as entrepreneurs.
3.3 Goods and quality
3.3.1 The essential characteristics of the goods to be delivered are determined by the product description in the online shop, as are the amount and composition of the prices and any additional costs.
3.3.2 The subject of the contract are the goods and services specified by the customer in the order and in the order confirmation at the prices stated in the online shop. We reserve the right to make any errors or errors, particularly with regard to the availability of the goods.
3.3.3 The exact nature of the contractual goods is defined in the product descriptions in the online shop. Illustrations on the website do not always reflect the products exactly, so colors can sometimes differ significantly from the real product for technical reasons. The images in the webshop serve only as illustrative material and may therefore differ from the final product. Technical data such as weight, dimensions and performance descriptions are described as precisely as possible, but may contain deviations. Such differing properties do not represent a defect in the products delivered by ARTStudio.
3.3.4 If no copies of the products selected by customers are available at the time of ordering, ARTStudio will inform customers of this in the confirmation. If the products are permanently unavailable, ARTStudio will not issue a declaration of acceptance and a contract will not be concluded in this case.
3.3.5 If a product specified in the order is only temporarily unavailable, ARTStudio will inform the customer of this in the confirmation. If delivery is delayed by more than eight weeks, customers have the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this regard, in some cases, he may refund any payments the customer has already made.
3.4 Prices
3.4.1 The prices stated on the product pages include statutory VAT and other price components and additional costs.
3.4.2 Unless otherwise stated, the prices do not include the respective shipping costs, as shown in the offer in the web shop. If the shipping of the ordered goods from ARTStudio to the customers is free of charge due to the order value of the order, and if several goods have been ordered, the customers only make use of their statutory right of withdrawal with regard to part of the goods, so that the part of the goods remaining with them is the amount If the exemption from shipping costs is not achieved, the customers must bear the shipping costs that would have been incurred if they had only ordered the goods that remained with them.
3.4.3 We expressly reserve the right to make changes to the goods and/or services we offer and the information contained herein at any time.
3.4.4 When delivering to countries outside the EU, additional costs may arise for which we are not responsible and which you must bear. In addition, in individual cases costs may also arise if the delivery does not take place to a country outside the EU, but you make your payment from a country outside the EU.
3.4.5. Billing is exclusively in euros.
3.5. Delivery and shipping conditions
3.5.1 Our non-binding offer is aimed exclusively at customers whose registered office, place of residence or habitual abode is in one of the EU member states.
3.5.2 Delivery will be made to the delivery address you specified when placing your order, unless otherwise agreed in writing. We are only obliged to carry out the service once you have fulfilled all of your obligations that are necessary for the execution.
3.5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the item to the freight forwarder, the freight forwarder or another carrier designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only transfers when the goods are handed over to you or to a third party specified by you and other than the carrier.
3.5.4 If you have not accepted the goods as agreed (default in acceptance), then, after unsuccessfully setting a reasonable grace period, we are entitled either to insist on fulfillment of the contract or to withdraw from the contract. In addition, we reserve the right to all legal claims in the event of a delay in acceptance.
3.5.5 If the transport company returns the dispatched goods to us because delivery to you was not possible, you will bear the costs for the unsuccessful dispatch. This does not apply if you effectively exercise your right of cancellation, or if you are not responsible for the circumstances that led to the impossibility of delivery or if you were temporarily prevented from accepting the service offered, unless we have given you notice the service will be announced a reasonable time in advance.
3.6 § 4 Payment conditions; Default
3.6.1 Payment can be made either:
Invoice in advance,
Credit card,
Paypal
Klarna.
3.6.2 If you select the payment method in advance, ARTStudio will provide buyers with their bank details in the order confirmation. The invoice amount must be transferred to the account specified within 10 days of receiving the order confirmation. The goods will only be shipped once the amount has been received.
3.6.3 When paying by direct debit, buyers may have to bear any costs that arise as a result of a payment transaction being reversed due to insufficient funds in the account or due to incorrect bank details provided by you. The goods will only be delivered when ARTStudio has the amount paid.
3.6.4 If the buyers default on a payment, they are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to the buyer after the default has occurred, they will be charged a reminder fee of EUR 2.50, unless a lower amount or damage can be proven in individual cases.
3.6.5 If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to the PayPal Terms of Use.
3.7 Offsetting/right of retention
3.7.1 Buyers only have the right to offset if their counterclaim has been legally established, is not disputed or recognized by ARTStudio or has a close synallagmatic relationship to its claim.
3.7.2 The buyers can only exercise a right of retention if their counterclaim is based on the same contractual relationship.
3.8 Delivery; Retention of title
3.8.1 Until the respective invoice amount for a delivery has been paid in full (final and unconditional crediting of the total purchase price including any additional costs), ARTStudio reserves title to the delivered goods in any case. If the customers are entrepreneurs in the exercise of their commercial or independent professional activity, a legal entity under public law or a special fund under public law, ARTStudio reserves ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties. Extraordinary dispositions such as pledging or transfer of ownership as security are not permitted. If the reserved goods are processed, mixed or combined with other material, ARTStudio acquires co-ownership of the resulting products in the ratio of the value of the reserved goods to that of the other material. If the reserved goods are seized, customers must inform ARTStudio immediately and support them in securing our rights and reimburse them for all costs incurred in this regard, in particular those in connection with an objection process.
3.9 Cancellation policy
3.9.1 The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g. products with their photo and your name or on order).
3.9.2. However, in the case of contracts that are subject to the FAGG, the right of withdrawal pursuant to Section 11 FAGG does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs. Accordingly, in fulfillment of our obligation to provide information in accordance with Section 4 Paragraph 1 Number 11 FAGG, we expressly point out that due to these exceptional provisions, a consumer generally loses their right to withdraw from contracts with ARTStudio, as our goods and services are always manufactured according to customer specifications and we regularly complete your orders within the cancellation period.
3.9.3 Customers should avoid damage and contamination when returning them and should, if possible, send the goods back to ARTStudio in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage caused by inadequate packaging.
3.9.4 The buyers bear the direct costs of returning the goods and are only required to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.
3.9.5 Customers are asked to call ARTStudio to announce the return before returning. In this way, they enable us to assign the products as quickly as possible.
3.9.6 The modalities mentioned in the previous two paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.
3.10 Transport damage
3.10.1 If goods are delivered with obvious transport damage, customers should immediately complain about such errors to the delivery person and contact ARTStudio as quickly as possible.
3.10.2 Failure to make a complaint or contact us has no consequences for the statutory warranty rights. However, the customers help the ARTStudio to be able to assert their own claims against the carrier or the transport insurance.
3.11 Warranty
3.11.1 Unless expressly agreed otherwise, the customer's warranty claims are based on the statutory provisions.
3.11.2 We bear the return and shipping costs when replacing defective goods within the scope of the statutory warranty if you are a consumer.
3.11.3 If you act as a consumer, you are asked to complain to the deliverer about delivered goods with transport damage and to inform us of this as soon as possible. Don't come to it, your statutory warranty claims remain unaffected.
3.11.2 If the customers are consumers within the meaning of the Consumer Protection Act, the limitation period for warranty claims for used items - contrary to the statutory provisions - is one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. In addition, the statutory provisions apply to the warranty.
3.11.3 If the customers are entrepreneurs, the legal provisions apply with the following modifications:
3.11.4 Only the ARTStudio's own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
3.11.5 The customers are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to ARTStudio within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
3.11.6 In the event of defects, ARTStudio will, at its discretion, provide a guarantee through repair or replacement delivery (subsequent performance). In the event of repair, he does not have to bear the increased costs that arise from moving the goods to a location other than the place of performance, provided that the delivery does not correspond to the intended use of the goods. If supplementary performance fails twice, customers can, at their discretion, request a reduction in price or withdraw from the contract. The warranty period is one year from date of delivery.
3.12 Liability
3.12.1 Unlimited liability: The ARTStudio is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, he is liable for damage resulting from injury to life, body and health of people.
3.12.2 Otherwise, the following limited liability applies: In the event of slight negligence, ARTStudio is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customers can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to the benefit of ARTStudio’s vicarious agents.
3.13 Information obligations under the Distance Selling Act
3.13.1 All elements that comply with the provisions of the Distance Selling Act must be specified on the input mask of the online platform.
3.13.2 If these are not transmitted, no contract will be concluded.
3.14 Checking the content
3.14.1 Customers have the opportunity to upload their own images to the online platform www.artstudio.art and place an order to print them there.
3.14.2 All content that is not illegal or violates common decency is permitted. ARTStudio does not check the content. If the ARTStudio is obliged to do this, it may invoice this separately or, if necessary, refuse to upload or save images.
3.14.3 All of the above provisions regarding ordering, payment, warranty, liability, copyright, etc. apply accordingly. The ARTStudio assumes no liability for the customers' works, in particular not that their copyright is protected.
3.14.4 Customers can create an account with ARTStudio in order to leave their data and basic settings for further orders. The ARTStudio assumes no liability for these being stored or preserved in all details.
3.14.5 All personal data of customers is subject to data protection; The ARTStudio will not forward this data to third parties without consent but assumes no liability for this.
3.15. copyright
All content on this website is protected by copyright. All texts, images and graphics are subject to copyright protection and other protective laws. The content may not be copied, distributed, distributed for commercial purposes.
The content cant be changed or made available to third parties. Any use, in particular storage in databases, reproduction, distribution, processing and any form of commercial use, as well as passing on to third parties - even in parts or in revised form - without the prior written consent of ArtStudio e.U., is expressly prohibited.
Final provisions
4.1 Deviating agreements can only be legally made in writing
4.2 Place of performance and place of jurisdiction is the current place of business of ARTStudio.
4.3 The Product Liability Act (PHG) is not applicable; In any case, liability for injuries other than personal injuries is excluded if the contractual partner is an entrepreneur. Otherwise, Austrian law applies, which also takes precedence over international sales law.
4.4 Damages and indemnification also include the costs of out-of-court legal defense.
4.5 These General Terms and Conditions apply mutatis mutandis to films or motion pictures produced by ARTStudio in accordance with the order, regardless of the process and technology used (small film, video, DAT, etc.).
4.6 In the event that individual provisions of these General Terms and Conditions are and/or become ineffective, this will not affect the effectiveness of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision must be replaced by an effective provision that comes closest to its meaning and economic purpose.