preiss artnet Ges.m.b.H, at Bauernmarkt 14, 1010 Vienna (hereinafter "PREISS ARTNET") operates a platform for the sale of photographic art in limited edition (hereinafter referred to as "GOODS") at www.preissfinearts.com, with PREISS ARTNET acting as seller and contracting party.
The business relationship between PREISS ARTNET and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with PREISS ARTNET. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
The GOODS will be produced only after placement of and according to the order and payment of the ordering party.
With the placement of the order the ordering party expressly acknowledges that the quality of the GOODS depends on the material specified on the WEBSITE (e.g. platinum prints) and that due to the production and printing methods, minor variations in colour, format and in the quality of the paper, fabric and surface may occur compared to the samples displayed on the WEBSITE. With the placement of the order the ordering party also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the GOODS are consistent with the terms of the contract and, especially, do not render the GOODS defective.
Unless otherwise stated, prices indicated for the GOODS are "ex works" prices exclusive of statutory VAT, customs duties and import duties, if any, as well as delivery costs for the ordered GOODS. Delivery costs including packaging will depend on the ordered GOODS and on the transport route and may be retrieved by the ordering party for a specific delivery on the WEBSITE.
VAT will not accrue on GOODS sold to ordering parties outside the European Union and to companies with a VAT number. Customs and import duties collected by the ordering party's state of residence shall be borne by the ordering party.
4. Conclusion of Contract and Delivery
The presentation by PREISS ARTNET of GOODS on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the ordering party to submit a purchase offer. PREISS ARTNET does not warrant that the GOODS presented by it are ready for delivery at any time.
Offers to buy shall be submitted online, using the order form made available by PREISS ARTNET. The ordering party is obliged to provide the information requested in the order form truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the ordering party.
Orders are accepted only from persons who are of age and only at the current prices and terms indicated on the WEBSITE from time to time.
The ordering party will receive confirmation of PREISS ARTNET’s receipt of the order. Such confirmation, however, does not constitute an acceptance of the order. An order shall be deemed accepted and a purchase contract concluded not until the ordered GOODS are delivered to the forwarding agent/carrier/postal service. Shipment takes place for the account and at the risk of the ordering party.
Orders are executed within 6 weeks after their receipt, depending on the artist. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out.
Should PREISS ARTNET not be able to execute an order within 6 weeks because the ordered GOOD is not available, or should PREISS ARTNET not accept an order for any other reason, PREISS ARTNET will promptly give notice to the customer and will refund any payments already made by that customer.
Payment of the purchase price shall be made using any of the credit cards indicated on the WEBSITE.
6. Right of Rescission
The ordering party shall only have the right to resign from the agreement if the artwork has a major defect in quality. Any major defect has to be raised to imediatly.
In case of justified rescission, the ordering party shall return to PREISS ARTNET the GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The GOODS are returned at the ordering party's risk. The ordering party shall pay a reasonable compensation in case it has used the GOODS. In case of any deterioration or loss of the GOODS prior to their return, the ordering party shall reimburse that impairment or the value of the GOODS.
7. Retention of Title
PREISS ARTNET shall retain title to the delivered GOODS until full payment has been made.
8. Warranty and Liability
PREISS ARTNET disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions.
In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the GOODS be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify PREISS ARTNET. Defective GOODS shall be returned to PREISS ARTNET in their original packaging.
PREISS ARTNET shall not be liable for either technical failures during the operation of the WEBSITE, or for any content on the WEBSITE or on hyperlinked websites, or for damage caused by having visited the WEBSITE or any of the hyperlinked websites.
PREISS ARTNET also disclaims liability for indirect damage, consequential damage, lost profit, savings not made and the like.
The GOODS sold by PREISS ARTNET are protected by copyright worldwide and are made available to the ordering party for its personal use and for resale only. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the GOODS, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the WEBSITE and its contents.
10. Data Privacy
With the placement of the order the ordering party expressly agrees that PREISS ARTNET will use the ordering party's name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the GOODS, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to email@example.com
11. Place of Performance, Jurisdiction, Applicable Law
Place of performance and place of jurisdiction shall be Vienna. If the customer is a consumer as defined by the Austrian Consumer Protection Act, the Austrian court in the district of which the customer is resident shall have jurisdiction.
The contractual relationship shall be governed by and construed in accordance with Austrian substantive law, to the exclusion of its conflict of law rules and the UN Sales Convention.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.
12. Anonymous data collection
You may visit our website without disclosing any information about yourself. We do not store any of your personal data. In order to improve our webpage, we only analyze statistical data that cannot be traced to your personal identity.
13. Collection and processing of information using the contact Form
Using the contact form, we only collect the personal information (specific details about individual or material circumstances of an identified or identifiable person) that you choose to provide. We will use your email address only to respond to your request. Your information will then be deleted unless you consent to further processing and use.
14. Collection, processing, and use of personal information
We only collect the personal information (specific details about individual or material circumstances of an identified or identifiable person) that you choose to provide.
Your personal information is processed and utilized to fill and deliver your order and respond to your inquiries.
After the transaction of the order is finished, all personal information is retained for the period of safekeeping required by tax and trade regulations, and deleted after the period expires, unless you have consented to its further processing and use.
15. Disclosure of personal data
Your personal data will not be disclosed to a third party without your express permission, with the sole exception of service partners we engage for the purpose of processing the terms of the agreement. In such instances we adhere strictly to the provisions of the Federal Data Protection Act. The amount of shared data is limited to a minimum.
Several portions of our website make use of “cookies”. Cookies are small text files stored on your computer and saved by your browser. They serve to make using our products easier, more effective, and more secure. Cookies also enable our system to recognize your browser and offer you services. Cookies contain no personal information.
17. Information on revising, blocking, and deleting data
You have the right to obtain, free of charge, information about the personal data we store, as well as the right to have it revised, blocked, or deleted. You may contact us at any time. You can find our contact information on our Legal Notice.
18. Questions and Complaints
Questions and complaints should be addressed to:
preiss artnet ges.m.b.h
Bauernmarkt 14, A-1010 Vienna, Austria
phone: +43 1 53 37 096
fax: +43 1 53 37 096-22
VAT-Identification No. ATU 629 70 299
Commercial register no. FN 284895p of the Vienna Commercial Court