GENERAL TERMS AND CONDITIONS – Kunst ab Hinterhof
- 1 Scope
For all business relations between KAH GMBH (hereinafter KAH), and the buyer the following terms and conditions – in the version valid at the time the order is placed -shall apply exclusively; deviating terms and conditions of the customer which are not explicitly acknowledged by KAH in writing shall not be binding for KAH even if such terms and conditions are not explicitly opposed.
- 2 Conclusion of contract
Your order constitutes an offer to conclude a sales contract with us. If you place an order with KAH, we will send you an email that confirms the receipt of your order and lists the order’s details (confirmation of order). This confirmation does not constitute acceptance of your offer, but informs you that your order has been received. A sales contract shall come into effect only when you pick up your ordered item at our shop or we despatch it to you. Products from the very same order, which are not listed in that shipping confirmation, will not be part of the sales contract, neither will be one created for them. Products that have been ordered to be picked up from our shop will be reserved for two weeks from the date the order is placed. Should the ordered product not be picked up or paid within this time, it shall be returned to the available inventory.
- 3 Revocation and return delivery
You buy without any risk when you order your products online: Within two weeks you can revoke your contract with us without citing any reasons by writing an email or letter informing us of your revocation or by sending your purchased item(s) back to us. The timely dispatch of your revocation or the goods shall be deemed sufficient for compliance with these terms. Your right of revocation can be exercised for a maximum of two items per customer per calender quarter. Your revocation is to be addressed to Kunst ab Hinterhof, Kuffnergasse 7, 1160 Wien or KaH@kunstabhinterhof.at.
Special designs and customised products (e.g. framed orders diverging from the standard that have been produced to the customers explicit specifications and large formats with an edge length above 2 metres) as well as bare art prints (unframed and not laminated) are explicitly excluded from the right of revocation, in the case of the latter because their delicate quality makes them unfit for a return delivery.
In case of a rightful revocation, both contract parties are obliged to return mutually received benefits. If you cannot return the received products fully, partly or only in an impaired condition, you shall have to pay compensation for the value accordingly. This does not apply if the deterioration of the product is attributed to its inspection as it would have been possible in a shop. Incidentally you can avoid the obligation to pay compensation for a decrease in value if you refrain from making use of the product like its owner and from all actions that may affect its value. In case of laminations and frames these actions include e.g. scratch marks, stains, cracks and tears, all of which constitute a loss of total value. All goods must be returned using the original protective packaging. The customer shall bear the costs of the return delivery.
- 4 Delivery
If you have chosen a delivery method, the purchased product will be shipped to the specified delivery costs within the next 10 working days. Estimated delivery times are, however, non-binding. It is also possible to pick In certain exceptional cases or by prior arrangement, and subject to separate delivery payment arrangements, delivery of screens or plates exceeding format A2 as well as sculptures can be delivered in person to the customer’s address or an address specified by the customer.
The buyer is obliged to inspect the delivered product immediately upon delivery. In case obvious damage to the product is discovered only after acceptance of delivery, the buyer is obliged to report the damage to us within five days of acceptance of delivery in default whereof further claims asserting defects are no longer justified.
- 5 Due date, payment and late payment
The customer is to pay the full purchase price in advance per bank transfer, PayPal or credit card. Purchase against invoice can be authorised by KAH for business customers after examination by KAH in the individual case.
If the buyer is in default of payment, KAH shall have the right to withdraw from the contract without further notice and without citing any reasons. Any damage caused by late payment shall be the sole liability of the buyer in default.
Purchases collected in our shop can be paid in cash or by credit/debit card.
- 6 Delivery costs
Prints within Austria
- Size A4 (21 x 29.7 cm) or smaller – free
- Size A3 (29.7 x 42 cm) or smaller – EUR 15.-
- Size A2 (42 x 59.4 cm) or smaller – EUR 15.-
- Size A1 (59.4 x 84.1 cm) or smaller – EUR 20.-
- larger prints – EUR 25.-
Art on other materials (screen, printing plates, sculptures, etc…) within Austria:
- Size A3 (29.7 x 42 cm) or smaller – EUR 20.-
- Size A2 (42 x 59.4 cm) or smaller – EUR 20.-
- Size A1 (59.4 x 84.1 cm) or smaller – EUR 25.-
- larger sizes – EUR 35.-
We also offer personal delivery of artwork on screen or printing plates and sculpture larger than A2 on request.
Shipping to EU and other countries on request.
All custom and other fees and taxes resulting from shipping to other countries are the sole responsibility of the buyer.
Items are shipped within 10 working days. On request, personal delivery by us can be arranged.
All quoted prices include value added tax and other price components.
- 7 Reservation of ownership
KAH retains ownership of ordered goods until full and complete payment has been received.
- 8 Liability
KaH accepts liability in accordance with the legal provisions only for losses arising from a grossly negligent breach of duty or a malicious or grossly negligent breach of duty on the part of our legal representatives or agents; For losses arising from the breach of simple contractual obligations not due to a malicious or grossly negligent breach of duty, KAH’s liability is limited to the foreseeable losses typical of the contract. This shall not affect liability on the grounds of guaranteed quality, in case of personal injury or on the grounds of madatory statutory provisions under product liability laws.
- 9 Warranty, proper treatment
It is assumed to be well-known that all fine-art prints, canvas prints and photographs are depending on environmental impact and can change their look-and-feel, tonality and chromaticity. For these unalterable processes and developments KAH cannot give any warranty or assume any liability.
Otherwise a statutory warranty period of 2 years is granted from the date of the handover of the goods. Within this period all defects subject to statutory warranty regulations will be rectified free of charge. Ecluded from the warranty are damages attributable to natural tear and wear, improper treatment or lacking or incorrect care or storage. Please refer to section 4 of our general terms and conditions for more information.
Paintings, prints, photographs, laminations and frames mus never be exposed to direct sunlight as a whole nor in parts, nor hung above heating or kept in conditions that exceed the normal degree of humidity found in living areas. This makes them unsuitable for outdoors, basement rooms, bathrooms or kitchens. Laminations with UV protective foil as well as wooden frames and acrylic glass are extremely susceptible to scratches and stains and must therefore be handled exclusively wearing protective gloves or a similar protection.
- 10 Limitation of rights of the buyer, exhibitions
By purchasing an artwork the buyer acquires the real (physical) right ownership of the object and the right for direct personal use. All other rights of usage are reserved by the copyright owner, in particular the right of reproduction, distribution, rental, public display or other digital or analogue usage. You retain the right to sell the product, however.
Public display of a purchased artwork requires express approval by the artist and/or copyright owner.
- 11 Collection, Processing and use of personal dataE
We use data and information you disclose to us to help create an individual shopping experience at KAH and to improve our level of service continually. All information is used for the processing of orders, the delivery of purchases and the supply of services as well as the processing of payments (in case of delivery against invoice also for necessary examinations). We also use your information to communicate with you regarding your order and our products, for promotional offers or the KAH newsletter, to update our records and create and maintain a customer account for you, to create content such as bookmark functions and shopping carts and – with your explicit permission – to inform you about products or services that may be of interest to you. We also use your information to improve our offers, detect and prevent misuse of our website, or enable a third party to carry out technical, logistical or other services in our account.
- 12 Applicable law
Place of jurisdiction is Vienna (Commercial court, Handelsgericht). Austrian law applies under the exclusion of UN sales law.