General Business Terms and Conditions:
1. General
The "Kunstverlag Alfons Walde” sells postcards, mailing
cards, art posters and books. It is hereafter referred to as the seller.
The seller’s terms of business (hereunder) apply to all contracts
of sale, as well as to all other business transactions/agreements
entered into with the seller. Any policies or terms of business normally
implemented or practiced by the buyer, and which diverge from the
terms hereunder, do not apply unless agreed to in writing with the
seller prior to any transaction. Unless otherwise agreed to in writing,
the buyer accepts the seller’s terms of business for all current
or future business transactions, including all purchases of goods.
In cases where any one clause of the seller’s business terms
do not apply, all other terms listed hereunder remain in effect. Under
these terms, all customers/buyers agree to provide only truthful information
(such as name, address, email address) on order sheets or other applicable
forms, and to fill these out completely.
2. Contracts of Sale:
It is understood that all products listed by the seller in his online
webshop, folders, or in other presentations, are done so with no obligation
to the seller. There is no guarantee that listed/pictured products
are available for sale, nor that products are of uniform material
quality (such as paper consistency or color tone), even in their original
condition. Although the seller makes every effort to provide accurate
information with regard to product price and quality in all online
and printed product listings, the seller cannot be held liable for
any increase in the final purchase price that results from errors
contained therein, nor will the seller honor any quality-related warranty
claims citing such errors.
Contracts of sale are considered to be finalized once the seller brings
the goods ordered by the buyer to shipment. The seller will only accept
those offers of purchase submitted in accordance with the terms and
conditions hereunder, as well as any other seller’s conditions
that might apply.
3. Shipping
The seller is not responsible for the "permanent” availability
of any or all items presented in his webshop and/or in other product
lists. Should one or more products not be available at the time of
order, that part of the order for which product is available will
be filled, with no obligation on the part of the seller to fill the
remainder of the order (the seller will, however, inform the buyer
of the order’s full content in cases where the purchase order
can only be partially filled).
All orders will be shipped by regular mail, with the buyer assuming
all risk. The seller agrees to deliver the buyer’s order within
a maximum of 4 weeks time from the date the order is received, but
cannot be held liable for delays due to uncontrollable circumstances,
industrial disputes or acts of God. For orders that require shipment
of goods to countries that do not have a cash on delivery service
agreement with Austria, the delivery time remains the same, but payment
by money order or wire transfer must reach the seller´s account
before the order can be shipped.
4. Return Policy
In accordance with Austrian consumer protection law (&5e KSchG),
the buyer has the right to withdraw from the sales contract within
7 working days from the receipt of goods purchased from the seller.
The buyer may choose to declare the contract of sale void by simply
shipping the goods back to the seller, as long as the return shipment
is postmarked within the seven day period. The buyer can also exit
the contract by notifying the seller via email, fax or regular mail
prior to the expiration of said timeframe.
The buyer agrees to ship all return goods back to the seller at the
buyer’s own expense. The buyer furthermore agrees to return all
goods in their original packaging and in the same condition as they
were received. The buyer assumes liability for any damage to return
goods occurring as a result of poor re-packaging. The return policy
only applies to sale transactions that are governed by the Austrian
consumer protection law.
5. Warranty
The buyer agrees to inspect the purchased goods immediately upon receipt
of the shipment. In case of damage to the goods, the buyer may reject
the delivery, but must return damaged goods to the seller within 2
weeks. The buyer must ensure that any shipment being returned under
a warranty claim contains all goods received (in the same condition
as they arrived) and the original invoice. The buyer also agrees to
cover all shipping costs for goods being returned under a warranty
claim. If the buyer fails to return the damaged goods within 2 weeks
time, the buyer’s right to a warranty expires. If the return
shipment to the seller arrives within the 2-week warranty period,
the seller reserves the right to honor the original contract of sale
by sending a replacement shipment to the buyer. If the buyer does
not receive a replacement shipment within 4 weeks, the buyer may choose
to void the contract of sale.
6. Ownership Policy
The merchandise remains the property of the Kunstverlag Alfons Walde
until full payment has been received by the seller.
7. Payment Policy
The prices listed on the webside are considered to be valid, but the
seller cannot be held responsible for differences in the final price
at time of purchase. Credit card payments (Visa and Mastercard)
are accepted. You also have the option to make your purchase via pre-payment.
All prices include the Austrian value added tax (VAT) of 20% (10%
for books).
The buyer agrees to pay all customs duties and shipping charges, as
these are not included in the seller’s price.
8. Court of Jurisdiction
The court of jurisdiction for all legal disputes is the District Court
of Kitzbuehel, Austria. Austrian trade law applies to all transactions.
UN trade law (including UNCITRAL) are not applicable.
Kunstverlag Alfons Walde
Owner: Michael Berger
Franz Waldeweg 5
A-6370 Kitzbuehel, Austria
UID-Number: ATU54045108
