General Terms of Business
(History of Creation - HoC)
§ 1 General - Validity
1. The following General Terms of Business are valid for all business relations between Kmentemt GnbR (History of Creation - HoC) and the Customer. The version in effect at the time the contract is signed shall be deemed the valid version.
2. Consumers are persons defined as such by the Austrian Consumer Protection Act and thus natural persons, who are not an entrepreneur.
3. Entrepreneurs are natural persons or entities or partnerships with legal capacity, for whom the Contract in question belongs to the operation of their company.
4. Customers may be consumers and also entrepreneurs.
§ 2 Transactions
1. HoC membership may be acquired free of charge through the Kmentemt GnbR (History of Creation - HoC) website. Membership entitles the member inter alia to make binding contractual offers and to participate free of charge in drawings.
Applications for membership shall be accepted only from persons who are 18 years of age or older. Persons who have not yet reached such age shall require the explicit consent and permission of their legal guardian in order to place an order. Proof of consent is to be supplied either in the form of a signature (electronic signature) on the order or in other suitable form. Kmentemt Künstler GnbR (History of Creation - HoC) is entitled to request proof of legal age or to inspect proof submitted.
2. From among those legally admitted members who have submitted a contractual offer for a particular day, one member shall, without recourse to a court of law, be drawn on such day. The member drawn shall be entitled to purchase the particular HoC art print of the day.
3. The price depends on the authentic number of the impression you choose to purchase. The price for the particular HoC art print with the authentic number 93.7549 of today, the 25.05.2013 is 662,70 EUR plus the legally applicable VAT in the amount of 10%. The price includes the costs for delivery (shipping).
§ 3 Conclusion of Contract
1. Our offers are subject to change without notice and non-binding. Kmentemt Künstler GnbR reserves the right to make reasonable technical or other changes.
2. Provided the conditions (such as minimum age, consent of legal guardian, if needed) are fulfilled, the Customer shall receive confirmation of his acceptance as a member and access to his member area.
3. Acceptance as a member shall entitle the Customer inter alia to submit binding contractual offers and to participate in drawings for HoC art prints.
4. Following the drawing held each time at 6:00 pm Central European Time, which drawing shall not be subject to recourse to a court of law, an offer shall be made to the member drawn entitling him to acquire the particular HoC art print of the day for the day"s special price. This offer shall be valid for 12 hours.
5. Contractual acceptance with regard to acquiring the HoC art print of the day shall be effected by online consent and online payment of the purchase price in full.
6. The goods shall be sent only after the invoiced amount has been received in full.
§ 4 Right of Withdrawal
1. The right of withdrawal granted to the Consumer pursuant to Section 5 e of the Austrian Consumer Protection Act shall be in conformity with the provisions for online shopping contracts.
2. The Customer shall pursuant to Section 5 e of the Austrian Consumer Protection Act be entitled to withdraw from contracts within seven work days, counted from receipt of delivery of the goods or, in the case of services, from the date of conclusion of contract. For the purpose of calculation, Saturdays shall not be counted as work days. Withdrawal is possible without giving the reason therefore; it shall suffice for the statement of withdrawal to be sent on time.
3. For the case of goods or services in the form of a file or files, audio or video recordings or software sent electronically the Customer shall hold no right of withdrawal.
4. By declaring his withdrawal the Consumer agrees to send back without delay the ordered goods. The costs for such return shipment shall be borne by the Customer. In the case of withdrawal conducted with legal effect, the Customer shall not be refunded shipping costs invoiced.
§ 5 Damage Liability
1. The risk for accidental loss of or accidental damage to the goods shall pass to the Customer when the goods are transferred to the dispatcher.
2. In the case of data downloaded or sent via the Internet the risk for loss or alternation of data shall pass to the Customer when the network interface is passed.
3. Delayed acceptance by the Customer shall not affect the time at which risk passes to the Customer.
§ 6 Warranty
1. It is up to the Customer whether repair or replacement shall be performed. Kmentemt Künstler GnbR (History of Creation - HoC) is entitled to refuse the chosen remedy if it is impossible or, as compared with other remedies, entails a disproportionately large amount of time, labor or expense. If the Customer is an entrepreneur, defects shall be remedied at our discretion by repair or replacement.
2. In the case that repair is not possible or feasible, the Customer may, at his discretion, request a price reduction or, provided it is not only a minor defect, avoidance of the contract.
3. Entrepreneurs must within a reasonable period inspect the delivered goods for defects and make known to us such defect in writing within one week of receipt of the goods. Failure to so do shall mean that no warranty claims may be asserted.
4. Hidden defects are to be made known in writing within one week of their being noticed. This period shall be deemed adhered to if the notice of defect is sent in time.
5. The entrepreneur as Customer shall bear the full burden of proof for all facts giving rise to a claim, in particular also for the defect itself, for the time at which the defect was first noticed and for giving notice of the defect on time.
6. The warranty period for Consumers is two years from delivery of goods.
7. For entrepreneurs the warranty period is one year from delivery of goods.
§ 7 Limitations on and Exemption from Liability
1. Over and above the Austrian Product Liability Act our liability is limited to willful intent and gross negligence. No liability is accepted for slight negligence, compensation for consequential damage and pecuniary damage, los of savings, loss of interest and for damages incurred through third-party claims toward the Customer.
2. The above limitations on liability do not apply for physical injury or damage to health or for death of the Customer, for which we are accountable.
3. No limitation on liability shall apply toward Consumers for slight negligence.
4. Kmentemt Künstler GnbR (History of Creation - HoC) is liable only for its own contents on its own website. Insofar as links enable access to other websites, Kmentemt Künstler GnbR (History of Creation - HoC) shall not be responsible for contents contained therein. The contents of such links shall not be deemed the contents of Kmentemt Künstler GnbR"s website. Insofar as knowledge is acquired of illegal contents of external or associated websites, access thereto shall be immediately blocked.
§ 8 Data Privacy
1. Our "data privacy information" shall inform our Customers:
- about the type, scope, duration and purpose of collecting, processing and using the personal data necessary for orders and invoicing;
- about their right to object to the drawing up and use of his anonymized user profile for the purpose of advertising, market research and for designing our offer;
- that data shall be passed to companies, which are authorized by us and under legal obligation to observe data privacy, for the purpose and duration of checking the Customer"s credit rating and sending the goods;
- of their right to obtain free of charge information on personal data stored by us.
2. Any collection, processing or use of personal data over and above that mentioned under Subclause 1. above shall require the consent of the Customer. The Customer can grant such consent before placing his order. The Customer is entitled to revoke his consent at any time in the future.
§ 9 Miscellaneous
1. This Agreement is subject to Austrian Law. The provisions of the UN Sales Convention shall not apply.
2. In the case of Consumers as defined by the Austrian Consumer Protection Act, this choice of law shall apply only insofar as the protection is not waived by compulsory provisions of Law of the state in which the Consumer has his habitual residence.
3. Any disputes arising directly or indirectly from this Agreement shall be settled by the Austrian Court of Law having venue and jurisdiction for the matter.
4. In the event that the Customer is a consumer, the above provision concerning venue and jurisdiction shall be deemed agreed only if the Customer has his residence, habitual residence or place of employment in such court district or if the Customer lives abroad.
5. In the event that any provisions of this Agreement concluded with the Customer including these General Terms of Business shall be or become ineffective in part or in full, the validity of the remaining provisions shall not be affected. In the case of contracts concluded with entrepreneurs those provisions rendered ineffective in part or in full shall be replaced with provisions whose economic intent comes as close as possible to that of the ineffective provision or provisions.
Kmentemt Künstler GnbR