1. Scope

1.1. The product range of the Vienna Art Box / KMG Kultur und Medien GmbH (hereinafter "VAB") is aimed at customers worldwide.

1.2. These general terms and conditions (hereinafter "GTC") of VAB apply to all sales and deliveries of goods by VAB, including legal transactions that are concluded via the online shop.

1.3. Any existing conditions of purchase of the buyer do not apply, even if VAB has not contradicted them.

1.4. A consumer within the meaning of these terms and conditions is any natural person with a place of residence or habitual abode within the European Union who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of a distance contract

2.1. The product descriptions contained in the VAB online shop do not represent binding offers, but serve to submit a binding offer by the customer.

2.2. The customer can submit the offer using the online order form integrated in the VAB online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3. VAB can accept the customer's offer within five days by

- Sends the customer a written order confirmation or an order confirmation in text form (e-mail or fax), whereby the receipt of the order confirmation by the customer is decisive,

-Delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive or

- Requests the customer to pay after placing his order.

2.4 Delivery periods always apply from the time the contract is concluded.

2.5 If VAB does not accept the customer's offer within this period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.6 When submitting an offer via the online order form, the text of the contract is saved by VAB and sent to the customer together with these terms and conditions after the order has been sent.

2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by VAB can be received at this address.

3. Cancellation policy for distance sales

3.1. Consumers with their place of residence or habitual residence within the EU have a 14-day right of withdrawal without giving reasons. Entrepreneurs do not have this right of withdrawal.

3.2. In order to exercise the right of withdrawal, consumers must notify VAB (Vienna Art Box - KMG Kultur und Medien GmbH, Schönbrunner Allee 30, 1120 Vienna, info@kmg-art.com) by means of a clear declaration (e.g. a letter sent by post or an E -Mail) of the decision to withdraw from this contract.

3.3. In order to meet the withdrawal deadline, it is sufficient for consumers to send the notification that they are exercising their right of withdrawal before the withdrawal period has expired.

3.4. If consumers cancel their contract, VAB must repay all payments it has received, including delivery costs, immediately and at the latest within fourteen days from the date on which VAB received notification of the cancellation of this contract.

3.5. VAB can refuse repayment until it has received the goods back or until evidence has been provided that the goods have been returned, whichever is earlier.

3.6. Consumers must return or hand over the goods to VAB immediately and in any case no later than 14 days from the date on which they informed VAB of the cancellation of this contract at their own expense. The deadline is met if the goods are sent before the period of 14 days has expired.

3.7. There is no right of withdrawal, among other things

-for goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery and

- With regard to food and goods that can spoil quickly or whose use-by period would quickly be exceeded.

4. Payment terms

4.1 Unless otherwise stated in the description of VABN's goods, the prices given are total prices that include statutory sales tax. Additional delivery and shipping costs are specified separately in the respective product description.

Shipping:

Austria: 40x50 cm, 30x40 cm, 18x24 cm: free of charge

Zone 1: EU: 40x50 cm (9 EUR), 30x40 cm (9 EUR), 18x24 cm (3 EUR)

Zone 2: Switzerland: 40x50 cm (9 EUR), 30x40 cm (9 EUR), 18x24 cm (3 EUR)

Zone 3: USA: 40x50 cm (14 EUR), 30x40 cm (15 EUR), 18x24 cm (8 EUR)

 

4.2.Customers have the payment options "credit card", "PayPal" and "prepayment" available for the payment process in the online shop.

5. Retention of Title

VAB retains ownership of the delivered goods until the purchase price owed has been paid in full.

6. Delivery and shipping conditions

6.1. The delivery of the ordered goods takes place on the dispatch route to the delivery address given by the customer in the order processing.

6.2. If the dispatched goods are returned to VAB by the transport company because the goods could not be delivered to the customer, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal or if he is not responsible for the circumstance that led to the impossibility of delivery.

6.3. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as VAB has delivered the goods to the person or company assigned to carry out the shipment.

7. Warranty / Guarantee

The statutory warranty regulations apply.

Applies to entrepreneurs

• An insignificant defect does not justify any warranty claims,

• The VAB has the choice of the type of defect correction and

• The statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.

7.1. If the customer is an entrepreneur, he is subject to the commercial inspection and notification obligation within the meaning of Section 377 of the UGB. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

8. Liability

VAB is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 VAB is only liable without restriction for any legal reason in the event of willful intent or gross negligence. Otherwise, VAB accepts no liability.

8.2 If VAB negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract.

8.3 The above liability regulations also apply with regard to VAB's liability for vicarious agents and legal representatives.

9. Jurisdiction agreement & choice of law

The law of the Republic of Austria applies to all legal relationships, excluding the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is domiciled is not withdrawn.

If the customer is an entrepreneur, the place of the registered office of VAB is agreed as the exclusive place of jurisdiction. For consumers, the place of jurisdiction is their EU domicile.