§ 1 Scope and Definitions
a) These General Terms and Conditions shall apply to relationships of any kind between Collectors Agenda Art Editions OG, Salmgasse 4a, 1030 Vienna, Austria (company register number 434202h), doing business under the brand name Collectors Agenda, and the Customer, in their legally valid version at the time of order placement.
b) A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A Business (hereafter also called Business Customer) shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (KSchG).
§ 2 Conclusion of Contract
a) The product display in the webshop does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. The Customer submits an order by emailing Collectors Agenda to email@example.com.
b) Collectors Agenda will get in touch with the Customer at our earliest convenience in order to confirm availability, quantity and pricing, to agree with the Customer on the payment terms, as well as to clarify any questions, which are related to the Customer's order.
c) Collectors Agenda will confirm the order by sending an invoice by email, listing the ordered items as well as the shipping costs. Once the Customer receives the invoice, a contract has been closed.
d) The order will be dispatched by Collectors Agenda once the payment amount has reached Collectors Agenda's bank account.
e) As our offers typically refer to limited edition artworks, it is possible that an edition has sold out although a contract has been closed. In such an event we reserve the right not to fulfill the order. We will inform the Customer in this case without undue delay. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Collectors Agenda are excluded.
§ 3 Delivery
a) Delivery shall be to the delivery address specified by the Customer, and only after the full invoice amount, including any shipping fees, has been paid by the Customer.
b) If the Customer is a business, delivery shall generally take place at the Customer’s risk. This also applies for partial deliveries. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the Customer upon handover of the item, even in case of sales involving the carriage of goods.
c) Any information regarding delivery times are non-binding, unless by exception a concrete delivery date has been expressly confirmed. The offered artwork editions are often made-to-order pieces, hence some may be potentially produced only after the receipt of an order. Although we make every possible effort to avoid this, delivery may take a longer period of time. If delivery is delayed not longer than 5 weeks, this does not represent a reason to withdraw from the contract. Collectors Agenda will send an approximate non-binding delivery date along with the invoice as a non-binding orientation for the Customer and will inform him of any events which become known to us, from which delays might arise.
d) Collectors Agenda reserves the right to split the order across multiple shipments, also with a delay, if this is required for logistics reasons. In such an event there will be no extra charges involved for the Customer.
e) The Customer is responsible to ensure receipt of the order. Should he delay the receipt in any form, which may result in additional costs for Collectors Agenda (for example for longer mail storage, special art storage or fees for additional delivery attempts by the shipping company, or return shipping due to failed delivery), he has to assume these additional costs.
f) The goods must be thoroughly inspected by the Customer or an authorised individual upon receipt in order to detect any transportation damage if the Customer is a business. Business Customers must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported to us within five (5) business days. We also ask, without legal obligation, that Customers who are consumers notify us of any clearly identifiable transportation damage.
§ 4 Prices and Shipping Fees
a) All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
b) The Customer pays the invoice amount either by bank transfer, credit card (Visa, MasterCard), direct debit (Maestro) or Paypal in advance of the delivery. Bank transfer is our default and preferred mode of payment.
c) Collectors Agenda applies a flat shipping rate for orders inside the EU. The flat shipping rate is calculated specifically for the product and takes into account size, weight and value of the product, as well as the need for special logistic options and packaging. For deliveries to countries outside the EU (third countries) higher shipping costs will apply. In such cases Collectors Agenda will agree on a bespoke shipment option with the Customer, which will be both cost-efficient and safe.
d) Besides higher shipping fees, additional customs duties and charges may apply for deliveries to countries outside the EU (third countries). These shall be borne by the Customer. We cannot anticipate the amount and cannot be held responsible for their payment.
e) If the Customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five (5) percentage points above the respective base rate set by the Austrian National Bank (www.oenb.at) for the duration of the delay. Collectors Agenda will apply a general fee of €7,50 per payment reminder, with the exception of the first reminder. If Collectors Agenda is able to prove that greater damages were suffered as a result of the default, Collectors Agenda shall be entitled to assert the corresponding claims on these grounds.
§ 5 Retention of title
a) If the Customer is a business, the goods supplied shall remain the property of Collectors Agenda until all of the outstanding claims against the Customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, Collectors Agenda shall reserve the right of retention for the goods until the purchase price including any shipping fees has been paid in full.
b) The Customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of Collectors Agenda at risk until the purchase price has been paid in full.
§ 6 Statutory right of withdrawal
a) If the Customer is a consumer residing within the EU he shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the Customer or a third party appointed by the Customer, who is not the carrier, takes possession of the final goods delivered.
b) In order to exercise the statutory right of withdrawal, the Customer must notify us (Collectors Agenda Art Editions OG, represented by Michael Wuerges, Salmgasse 4a, 1030 Vienna or to firstname.lastname@example.org) of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail or email). The Customer may use the withdrawal form template for this purpose; however, this is not obligatory.
c) The withdrawal deadline shall be deemed to be met if the Customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
d) The Customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he notifies us of withdrawal from this Contract. The deadline is deemed to be met if the Customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
e) The Customer bears the complete costs of return delivery, if the delivered goods correspond to the ordered goods, independently of his location. In case of a delivery error, Collectors Agenda covers insured return shipping.
f) For the sake of protection, goods should only be returned in their original shipping packaging, using all the protective materials or, if appropriate using additional suitable protective materials. We strongly recommend to return the goods insured and with a tracking number.
g) In particular, the statutory right of withdrawal shall not apply in the following cases:
- made-to-custom products and special requests (§18 paragraph 1 Z3 of the Austrian Remote Sales Act [FAGG]), e.g. artworks using a frame of a different colour or a different framing option altogether.
- goods whose value has been impaired. In the case of photographic prints, lithographs, fine-art prints, laminations (or similar) and frames any damage, which negatively impairs the mint appearance of the artwork (e.g. among others scratches, stains, breaks or tears) equals a total loss.h) The full explanation of the Customer’s Statutory right of withdrawal is available for download.
§ 7 Warranty and Liability
a) Collectors Agenda can be liable for defects in accordance with the applicable law within the legal periods specified in §§922 ff of the Austrian Civil Code (ABGB). The warranty period for new items shall be twenty-four (24) months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be twelve (12) months. If the Customer is a business, the warranty period for new items shall be twelve (12) months) from the transfer of risk, and for used items six (6) months from this date.
b) In the case of damage or defect of a part or the complete order the Customer is entitled to claim fulfillment or rectification invoking his statutory warranty right. If we entirely fail to render outstanding partial performances or we fall into default doing so, the Customer is entitled to rescind the entire contract or claim compensation in place of delivery unless you prefer to opt for the given partial delivery.
c) The following claims are exempt from warranty claims as they do not form a part of our performance of the contract:
- Information about artworks are made mainly on the basis of information received from galleries, art institutions and artists. Collectors Agenda evaluates these information with the appropriate care. We cannot assume responsibility for evaluation in every detail and further research. We can only be made liable to a limited extend for the correctness of the information provided on our website.
- Slight deviations from colour, properties and size from their appearance on screen may occur, due to technical reasons such as screen calibration settings and therefore do not count as defects.
- Artworks, particularly (but not limited to) photographic prints, are subject to environmental influences; their appearance and colourfulness may change or bleach out over time. The Customer must accept these unavoidable processes of change.
- Not counting as defects are natural wear and tear as well as such damage as is associated with inexpert handling, storage or excessive usage. In particular, photographic prints, lithographs, fine-art prints, laminations (or similar) and frames may not be exposed to direct sunlight, in parts or as a whole. They may not be placed directly above heatings or above humidity levels, which would be considered normal for living spaces. Consequently, they are not suitable to be placed in the outdoors, in basements, bathrooms, kitchens or similar spaces. Artworks mounted with UV-protective film or acryl glass and wooden frames are susceptible to scratches and stains and may therefore only be handled with gloves or similar protective means.
- If the Customer accepts the goods or the object of the order despite being aware of a defect, he shall only be entitled to assert warranty claims to the extent described below if he has expressly reserved the right hereto in writing immediately after receiving the goods.
- Warranty claims on the grounds of transportation damage may only be asserted by the Customer if the obligation to inspect and report has been fulfilled. This does not apply if the Customer is a consumer.
d) Liability for loss or injury caused by ordinary negligence is excluded. This does not refer to personal injury or damage to goods in our custody, unless the latter has been agreed on expressly.
§ 8 Copyright law
The content of the Collectors Agenda website www.collectorsagenda.com is protected under copyright law. Any duplication of information or data including, without limitation, the use of texts, parts of texts or images, shall require the prior consent of Collectors Agenda and its affiliated authors.
§ 9 Rights of Use
a) With the purchase of an art edition the Customer only acquires the physical ownership of the artwork with the assigned edition number. No other rights of use or copyrights (author’s rights) are transferred. Reproduction (multiplication), propagation, rent or other forms of publication or distribution, analogue or digital, are not permitted.
b) The Customer may resell the artwork, however he is obliged to point out to the buyer, that his rights of use are equally limited to the artwork’s physical ownership. Public exhibitions of purchased artworks may require the consent of the respective artist. If Collectors Agenda has the means, we will be glad to assist in facilitating contact with the artist for that matter.
§ 10 Data protection
a) As a subscriber to our newsletter and as a Customer you provide us with personal data and information. Collectors Agenda respects your privacy and data protection is of the utmost importance to us. All collected information is handled in compliance with the rules and regulations of the Austrian Data Protection Act (DSG) and Telecommunications Act (TKG) and other legal provisions concerning data privacy.
b) You as a Customer consent that Collectors Agenda may electronically store and use all data and information concerning your person, which have been mentioned in the contract or are related to the contractual relationship – namely your first name and surname, postal address, email address or phone number – for the proper performance of the agreement, for our book keeping, for maintaining customer records and for sending our newsletter which is mentioned below.
c) We use your email address in order to inform you on a regular basis about new editions and content on our website. The newsletter appears once (1x) a week on average, but may sometimes appear more frequently. You may cancel receipt of the newsletter at any time by sending us an email to email@example.com or by unsubscribing on your own using the link provided in each newsletter.
d) Our Data Privacy Declaration explains in full detail how we collect and handle your personal data and information.
§ 11 Governing law
Austrian law shall apply under exclusion of the UN Sales Convention. If the Customer is a business, merchant, legal person governed by public law or special fund under public law, Vienna shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the Customer or from these general Terms & Conditions.
§ 12 Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.
Vienna, April 2016