Terms and Conditions
x43:services, (hereinafter, referred to as x43) operates a sales platform for oil paintings, other works of art and other products on the Internet. As the operator and owner of this platform, x43 is also the contractual partner of people who want to obtain goods on this platform. All contractual relations between x43 and its customers are subject exclusively to these Terms and Conditions. Different terms and conditions of the customer shall not apply , and individual agreements must be made in writing. By placing an order, these terms are recognized by customers. The customer is obliged to provide the information requested in the order form (name,address etc.) truthfully and completely. The customer is liable for any resultant damage arising out of incorrect information.
§2 Conclusion of the Contract
The images and all other products shown by x43 on the Internet or in other media do not represent an offer for sale, but merely a request to the customer to make a purchase order. Application forms may be submitted online using the order form made available by x43. The customer's order is deemed delivered by direct delivery, i.e. by delivery of the goods to forwarder / carrier / post. Orders placed by the customer are accepted with consideration for currently valid prices and conditions. For the time being, no sales tax is charged (exemption for micro-earner status). All oral or written published rates are non-binding. Errors and short-term changes in prices are always reserved. x43 does not guarantee that all products offered are available at all the times. Should one or more products be unavailable for delivery, x43 will inform the customers as soon as possible. If the customer has already paid for the goods, the corresponding amount will be refunded to him/her.
§3 Right of Cancellation
The private consumer has the right to cancel the contract within 14 days from the receipt of goods. To comply with this deadline, you have to send your cancellation in time. The cancellation may be made in writing or by returning the goods. The cancellation must be sent to the following address: x43: services, Weilburgstrasse 10, A-2500 Baden, email: firstname.lastname@example.org. With timely cancellation, the customer is no longer bound by the contract with x43, and the customer is only obligated to return the goods. x43 refunds the already paid purchase price upon receipt of the returned goods. The cost of returning the goods shall be borne by the customer. Returns must be always sent with sufficient postage to the address above, and only then can the return of goods be accepted. The customer is liable for personally-made deterioration, destruction or acts of making the return of goods impossible. Expressly excluded from the right of withdrawal are pictures and other products that are specially made for the customer, such as images from photographs, reproductions of paintings, sculptures and picture frames. Furthermore, commercial customers are excluded from the right of cancellation.
§4 Delivery, shipping and transfer of risk
x43 is committed to compliance with the stated delivery deadline. However there is no guarantee. All the delivery or completion dates mentioned by x43 are non-binding dates, unless that date is expressly agreed to in writing as binding. If failure to comply with a binding date is the result of force majeure, strike, fire, unforeseen obstacles or other circumstances beyond the control of x43, the delivery period for the duration of these events is extended.
The transportation risk, including the freight paid delivery, is borne by the customer. Shipping is done as a parcel of Austrian Post or by alternative carriers such as : UPS, DPD, or similar carriers. The decision of the form of shipment (transport route and transport means) is reserved by x43. If the customer requires any special forms of shipment, all the respective costs are also to be borne by him/her.
The risk stands transferred to the customer upon handing over of the goods to the transport company. All shipments are adequately insured against damage and loss. If there is any transport damage or a loss in transit, it must be immediately, but not later than seven days, reported to x43 by attaching a damage or loss confirmation of the transport company. The damaged goods must be kept at the disposal of x43.
Compensation to the customer will only be given when the damage reporting is done immediately and if the shipping company or its insurance provider subsequently pays for the damages to x43. In no event shall x43 be liable for damages which have not occurred within its sphere of influence.
x43 is not responsible for slight deviations of the goods supplied from the displayed ones. In the cases of hand painted or handmade images and print products, slight differences of the colors from the samples, in the format and in the paper, material and surface quality or typography, may not be completely avoided. Furthermore, variations in the availability or the dimensions of an image border or a caption may occur. Such differences do not constitute grounds for a defect complaint. Industry-standard materials are used for the products sold on x43. For prints, colors, materials, light resistance, etc., the guarantee can only be accepted on the basis of average durability. Wrong deliveries and obvious defects must be notified in writing by the customer within two weeks of delivery of the goods. The duty of the purchaser for immediate notification of defects remains unaffected. Transport damage must be notified to the carrier immediately and, in such case, the customer must preserve the packaging until further notice for the safeguarding of possible claims. x43 reserves the right of remedying a defect, even repeatedly, and of replacement. If a repeated remedy fails, the customer shall have the option of abatement or conversion. Defects caused by improper handling of the goods by the customers or other third parties are excluded from the warranty. The exclusion applies to damage caused by improper packaging of returned items.
All the contents of this website are subject to copyrights of x43, and the products offered are subject to the copyrights of respective suppliers and producers or of x43. The reproductions offered are either outside a copyright protection, or with prior consent of the copyright holder. In order to paint a picture for a photo, or for other document or to draw, the client, by placing the order, confirms that he/she has the copyright permissions for the work.
§7 Retention of title
Delivered goods remain the property of x43 until full payment. If the customer sells goods that are still x43's property, he/she shall transfer the reservation of title as well. The customer has to inform us immediately of any access of third parties to proprietary right entitled commodity of x43. Pledges, security agreements, or assignments of the claims relating to the goods, may only be made with our prior written consent. In case of the customer's behavior, which is contrary to the terms of this contract (in particular, delay of payment, or not paying immediately after the reminder), he/she has to hand over the proprietary right entitled commodity of x43. Reclamation costs shall be borne by the customer.
Payment can be made 100% in advance by PayPal / Credit Card, Moneybookers or by bank transfer. If payment is not received within 14 days from the order date, x43 can withdraw from the contract and a service charge of 10% of the gross value of the order is charged with a minimum of EUR 50.
The protection of customer privacy and data protection are of paramount importance for x43. x43 is therefore committed to protecting the personal data of the customer. All personal data is kept strictly confidential and is only collected within the framework of the law.
X43 will not lend, sell or exchange your information. x43 is only allowed to send information to customer on case to case basis. However, the customer may at any time raise an objection to have the email address finally deleted from the mailing list by x43.
§10 Performance, Jurisdiction
Place of performance and jurisdiction is Baden near Vienna and the Austrian law shall apply.
§11. Final Provisions / Severability Clause
If any provision of these terms and conditions or any provision in any other agreement be or becomes invalid, this shall not affect the validity of the remaining provisions or agreements. Instead of the ineffective provision, an appropriate regulation shall be applicable which comes as close as possible to the ineffective clause within the provisions admitted by law.
z.H. Hans Biedermann
Mobil +43-650-980 96 10
Fax +43-820-220 269 706
UID ATU 58093468