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1. Scope of application

The following General Terms and Conditions shall apply exclusively to the business relationship between Shira Ehlers and the Purchaser in the version valid at the time of the order. Shira Ehlers does not recognize any deviating terms and conditions of the Purchaser unless Shira Ehlers has expressly agreed to their validity in writing.

 

2. Conclusion of contract

Your order constitutes an offer to us to conclude a purchase contract. When you place an order with Shira Ehlers, we will send you an e-mail confirming receipt of your order and stating its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when you collect the ordered product from us or when it is dispatched. Products from the same order that are not listed in the shipping documents do not constitute a purchase contract. Works ordered for collection from the Shira Ehlers Shop will be reserved for 2 weeks from the order date. If the pictures are not collected or paid for within this period, they will be returned to the stock.

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3. Revocation, returns

With all online orders you buy without risk: You can cancel your order within 2 weeks without giving reasons in text form (e.g. letter, e-mail) or by returning the goods. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. This right is limited to 2 items per customer per calendar quarter. The revocation is to be sent to Albertgasse 33/12 1080 Vienna.

However, the following are excluded from the right of revocation: special and custom-made products (e.g. framing made to customer specifications that deviate from the standard range).

In the event of an effective revocation, the services received by both parties must be returned. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality means testing and trying out the respective goods, as is possible and customary in a store, for example.

In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything that could damage the item.

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4. Delivery

If a shipping option has been selected, the work will be shipped within the next 10 working days at the stated shipping costs. Delivery times are not binding. It is also possible to collect the ordered works from Albertgasse 33/12 1080 Vienna by appointment.

The buyer must check the goods immediately for damage. If obvious damage is present and is only noticed after acceptance, the buyer must notify us of this within a period of 5 days after acceptance. If the buyer fails to do so, the assertion of claims for defects for such obvious damage is excluded.

 

5. Due date and payment, default

The purchaser shall pay the purchase price by bank transfer prior to delivery / collection (advance payment), PayPal or credit card. Purchase against invoice may be granted to business customers in individual cases after examination by Shira Ehlers.

If the Purchaser is in default of payment, Shira Ehlers shall be entitled to withdraw from the contract immediately and without stating any further reasons; any damage caused by the default of payment shall be borne by the defaulting Purchaser.

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6. Shipping costs

The following shipping costs apply within Austria & Germany:

• Standard shipping costs 30€.

We also offer personal collection of works by appointment.

Pick-up location: Albertgasse 33/12 1080 Vienna, Austria

Shipping takes place within max. 10 working days.

We attach great importance to stable and secure packaging materials. We also pay attention to the highest level of professionalism when selecting our delivery companies. However, in the event that a work of art arrives damaged, please do NOT accept the damaged package if possible and inform the responsible shipping service.

 

7. Retention of title

The ordered goods remain the property of Shira Ehlers until full and final payment has been made.

 

8. Liability

Shira Ehlers shall only be liable if Shira Ehlers or one of its vicarious agents has breached a material contractual obligation in a way that jeopardizes the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of Shira Ehlers or one of its vicarious agents. If this is not due to gross negligence or intent, Shira Ehlers' liability shall be limited to the damage that was reasonably foreseeable at the time the contract was concluded.

Liability for warranted characteristics, for personal injury and on the basis of mandatory statutory provisions, in particular the Product Liability Act, shall remain unaffected.

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9. Warranty, proper handling

It is understood that all images, printed matter and photographs may change their appearance and color and fade depending on environmental influences. Shira Ehlers does not assume any warranty for this unalterable process of change.

Otherwise, the statutory warranty period is 2 years and begins with the handover of the goods. During this period, all defects subject to the statutory warranty obligation will be rectified free of charge. Excluded from the warranty are damages caused by natural wear and tear, improper use and lack of or incorrect care or storage. For the rest, we refer to § 4 of our General Terms and Conditions.

Pictures, printed matter, photographs and frames may not be exposed to direct sunlight, either in whole or in part, nor may they be hung directly above heaters or exposed to humidity levels exceeding those of normal living rooms. Pictures, printed matter, photographs and frames are therefore not suitable for outdoor areas, basements, bathrooms and kitchens.

 

10. No granting of rights, exhibitions

With the purchase of a work of art, you only acquire ownership in rem of the work of art. No other rights of use are granted. Any reproduction (duplication), distribution, rental, making available to the public or other analog or digital utilization are not permitted.

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11. Collection, processing and use of personal data

Data and information that we receive from you help us to personalize and continuously improve your shopping experience at Shira Ehlers. We use this information for the processing of orders, the delivery of goods and the provision of services as well as the processing of payment (in the case of purchase on account also for necessary checks). We also use your information to communicate with you about orders, products, marketing offers or the Shira Ehlers newsletter, to update our records and to maintain and update your customer accounts with us, as well as to display content such as wish lists or shopping cart content and - with your consent - to recommend products or services that may be of interest to you. We also use your information to improve our offer, to prevent or detect misuse of our website or to enable third parties to perform technical, logistical or other services on our behalf.

 

12. Applicable law

Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The Commercial Court of Vienna is agreed as the place of jurisdiction.