General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with Herbert Lippert, Artsportmusic Management GmbH (ASM). Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.

(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of paintings.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

1. online sales on the site www.universalartist.at

2. transfer of the money via debit, credit, bank or other means of payment to the account of ASM.

3. after the money is deposited, the painting is sent by ASM company to the buyer with a special protection

Note: Watercolor on paper and oil on sheet paintings are shipped using a booth shipping company.

For oil on canvas paintings, the special shipping method will be arranged after consultation with the buyer.

(4) The processing of the order and transmission of all information required in the context of the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

§ 4 Payment provider

In the store I use the Wix Payment.

HERE you can find the terms and conditions for the payment services - https://de.wix.com/about/terms-of-payments.

§ 5 Delivery conditions

(1) Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment. If you are an entrepreneur, the delivery and shipment shall be at your risk.

(2) Return shipments are subject to a charge and shall be borne by the Buyer.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 7 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) Austrian law shall apply, place of jurisdiction shall be Vienna. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be Vienna, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.