General Terms and Conditions:
(Status: 01.02.2022)
1. Scope
1.1
sGallery, GDS GmbH – Galerie & Kunsthandel executes your distance-selling order on the basis of the following General Terms and Conditions (GTC) in the form valid at the time of your order.
For business relationships that take place via our homepage www.sGallery.at (GDS GmbH FN 379917b) - hereinafter referred to as: "sGallery" apply exclusively the following general terms and conditions in the version valid at the time of the order. These form the basis of all offers and agreements between sGallery and the customer and apply for the duration of the entire business relationship. sGallery is entitled at any time to change, supplement or cancel these General Terms and Conditions including all possible appendices. Deviating conditions of the customer are not recognized unless sGallery has expressly agreed to their validity in writing. These General Terms and Conditions also apply to future transactions between sGallery and the customer, unless more current General Terms and Conditions have been agreed. The same applies to future transactions between the artist and the customer, provided these are concluded via sGallery.
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2. Conclusion of contract
2.1
All information on products, product properties and prices are subject to error. Our price information is non-binding. There can always be overlaps between orders and shipping, so we can only confirm "while stocks last".
2.2
Basic business process: Your inquiry > our price information > your order > your payment > our invoice > our shipping within 14 calendar days of receipt of payment. This in each case in writing.
2.3
After you have placed your order and paid for it, you will receive an invoice. This is subject to the condition that the product is also available. You are obliged to notify us of any discrepancies between the invoice and your order. All art graphics are subject to differential taxation according to UStG § 24, i.e. VAT is not explicitly ejected! All art graphics are offered and billed without a frame.
3. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us
GDS GmbH, 8141 Premstätten, Hauptstrasse 179, Austria, Mail: sGallery@sHome.at
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. If you make use of this option, we will immediately send you an e-mail confirming receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
3.1 Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to GDS GmbH, address as above, immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods yourself.
If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection - as you would have been able to do in a retail shop. You can also avoid the obligation to pay compensation by not using the item as if it were your property and refraining from anything that could impair its value.
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4. Delivery/Postage
4.1
We usually ship within 14 calendar days of receipt of payment. In the event of delays in delivery, we will inform you within this specified period.
4.2
The price for shipping can be found in the item description: MENU ITEM "Shipping costs".
4.3
Any applicable taxes, customs duties and storage costs are borne by the buyer.
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5. Terms of Payment and Retention of Title
5.1
The delivered goods are generally payable in advance.
5.2
The prices are subject to differential taxation according to UStG § 24, i.e. VAT is not explicitly ejected!
5.3
The goods remain our property until full payment has been made.
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6. Warranty and Liability
6.1
The warranty is subject to legal regulations.
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7. Privacy
7.1
Collection, processing and use of personal data: All personal data will be treated confidentially. Your personal data, including your e-mail address, will not be passed on to third parties. The data you transmit and which is required for business transactions is stored electronically. The data required for order processing will be passed on to the relevant service partners. You can revoke the use and processing of your data for our marketing purposes at any time.
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8. Technical and design deviations, warranty
8.1
All works shown are protected by copyright. In particular, it is not permitted to reproduce, edit, print out or even publish these illustrations. Violators will be prosecuted under criminal and civil law.
8.2
All specified dimensions of the graphic art and/or the respective image section are approximate dimensions. The photo provided or the photo on our homepage is a symbol photo. Slight color differences to the work itself may occur. If the date is given on the work, this information probably corresponds to the year of origin. If no dating is given on the work, the seller does not provide any information in this regard. Basically, the works are mostly numbered and signed. This from the respective artist. The art graphics are always produced in larger editions. The numbering given on the symbolic photo is only to be regarded as symbolic. There can always be overlaps between orders and shipping, so different numbering can occur during shipping that differs from the order or invoice. This also includes so-called "artist's copies, proofs, etc." No legal claims can be derived from this title. All art graphics are offered and billed without a frame. In principle, no certificate is issued by the seller. If the buyer expressly orders a certificate in writing, the following costs will be charged in addition to the purchase price of the art graphic: €uro 120.00 including 20% VAT.
8.3
The written form is deemed to have been agreed. Place of jurisdiction is Graz. Austrian law applies.
8.4
Small design deviations and technical changes compared to the illustrations or descriptions of the products shown in terms of quality, colour, weight, dimensions, design or similar are possible. The optical display depends largely on the technical requirements of the display device used (graphics card and monitor). Small deviations can also result from commercial fluctuations and technical
production processes arise. sGallery and the artist do not assume any liability for this and expressly refer to the regulations on distance selling in this context.
The warranty on the artist's products is based on the statutory regulations at the time the contract was concluded. The artist does not provide any guarantees, nor does he guarantee any special properties of his products beyond the statutory warranty.
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9.Separate supplementary terms and conditions are agreed with business partners.