1. Scope of Application
All agreements between the Franz Ettl Online Shop ("seller") and the buyer ("customer") of the products offered on the FranzEttl website shall be governed exclusively by the following terms and conditions in the version that is valid at the time of order. These terms and conditions may not be modified by the customer unless agreed to in writing by the seller.
2. Conclusion of Contract
The conclusion of the contract between the customer und the seller takes place when the order is accepted by the seller by sending an order confirmation to the customer. By placing an order the customer agrees to be bound by and accepts these terms and conditions.
Orders may only be placed by customers over the age of 18 years.
3. Description of Order Transaction
By clicking on the button „add to cart“ the customer will put the selected item into the cart. Within the cart the items can be reviewed and modified (by ticking the remove-box and clicking on “remove” and then “update”). After the selection of the items and a click on the button “checkout” the customer is forwarded to a registration form. New customers have to enter their name, address, e-mail and a password for future orders (already registered customers have to log in with their e-mail-address and password).. Before completion of the order, all data will be displayed for review and can be changed, if necessary. With the validation of the data and the approval of the terms and conditions the order is complete. The customer will immediately receive an e-mail with the details of his order and payment details.
4. Prices and Shipping Charges
Prices will be charged as displayed at the time of order plus shipping charges. The seller does not assume any liability for incorrect prices or product descriptions. The seller reserves the right to deliver products only after receipt of payment. Detailed information on domestic and international shipping charges can be found on page "Shipping".
Shipping charges are calculated according to the current rates of Austrian Mail - Österreichische Post AG (excluding possible bulk surcharges and customs duties).
5. Payment
Payment can only be made in advance by bank transfer. After receipt of an order, the seller will confirm the order by email, specifying the total amount to be paid (sum of product price plus shipping charges). The invoice shows the amount to be paid in Euros. All bank charges have to be paid by the customer. Unless otherwise agreed, payment is due immediately after receipt of the order confirmation and the invoice.
Bank Account Details :
Account Nr.: 28752250000, Erste Bank, Bank Code: 20111
IBAN AT392011128752250000
BIC: GIBAATWW
In case the customer fails to pay the total amount within 14 days after receipt of the invoice, the seller shall be entitled to rescind the contract without any further obligations.
6. Retention of Title
The seller retains all rights of ownership of the goods supplied until complete payment of the purchase price.
7. Shipping
Unless otherwise agreed, ordered products will be sent to the address entered in the registration form by the customer. Original paintings can also be handed over personally in Vienna upon appointment! The seller will try to ship the ordered products as soon as possible (normally, dispatch will be carried out within 10 workdays after the receipt of payment). In any case, shipping is executed within the lawful period of 30 days after the receipt of payment. In case of an unforeseen delay, the seller will inform the buyer as soon as possible and seek to receive the customers approval for a later delivery date. If the customer does not approve a later delivery date, he shall be entitled to rescind the contract without any further obligations.
8. Passing of Risk
The risk in the goods shall pass to the customer upon delivery of the goods from the seller to the shipping organization (Austrian Mail). The customer shall also assume the risk of loss and/or damage to goods supplied by the seller.
9. Right of Withdrawal
The customer is entitled to rescind the contract within 7 working days after receipt of the goods. It shall be sufficient for the customer to mail the statement of rescission before expiry of such period. When the customer rescinds the contract, the goods received shall be returned at the customer`s earliest convenience, in return te seller shall return the payments made by the customer. A reduction of the market value of the goods because of use can be deducted from return payment. The customer has to bear the cost of return transport and the transport risk.
10. Warranty
In case of defect goods, the seller will try to repair the products or exchange them. The customer should be aware that some of the original paintings are painted on handmade paper which has irregular formats and may also have intrinsic margin tears. The right of warranty excludes goods that have been repared or altered by a third party without the consent of the seller. These can not be claimed as defects. In order to exert his right of warranty, the customer has to claim defects immediately and in writing. The right of warranty excludes damages caused by improper use.
11. Data Protection
Data collected by the seller (such as address and bank account details) is ony used to fulfill the obligations arising from the contract between the seller and the customer. All information provided by the customer will be kept confidential.
12. Newsletter
Newsletters are sent to the customer with his explicit approval and can be cancelled any time.
13. Governing Law and Jurisdiction
Contracts between the customer and the seller shall be governed by Austrian Law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not be applied. If the customer is no consumer, the jurisdiction ot the court in 1090 Vienna shall be applied. If any provisions of this agreement shall be held to be invalid or unenforceable, such provisions shall be enforced to the fullest extent permitted by applicable law, and the validity and enforceability of the remaining provisions shall not in any way be affected.
Vienna, February 2007 |
