General Business Terms and Conditions:
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.
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 1 till 2 weeeks on a regular basis, but the seller wiill not exceed a maximum of 4 weeks from the date the order is received. The seller 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.
For special orders and pictures with frames, that need to be manufactured after the order was placed, regualar delivery time may be exceeded.
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.
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 via paypal. You also have the option to make your purchase via prepayment. Acceptable payment for deliveries to Austria is also cash on delivery. 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
A-6370 Kitzbuehel, Austria