GTC
for Buyers
Zeichenfabrik Gallery General Terms and Conditions and Terms of Use for Buyers
Last revised: 11/22/2022
These Terms and Conditions apply to users, who purchase works of art on our platform. If you are offering works of art for sale, the Terms and Conditions for Vendors, available here, shall apply.
1. Contractual partner
Operator of the Zeichenfabrik Gallery:
Zeichenfabrik Ausbildungsstätte für Kunst GmbH
Flachgasse 35-37/4-5
1150 Vienna
Austria
FN [Commercial Register no.] 468014g, Commercial Court Vienna
VAT no.: ATU72060235
Email: buero@zeichenfabrik.at
(hereinafter also referred to as “we” or “us”)
2. Subject of the contract
2.1 We use the Zeichenfabrik Gallery to provide you with an online platform for contemporary art. Artists (hereinafter in brief: the “Vendors”) offer their works of art on our platform; other users (hereinafter in brief: “Buyers”) can buy these works of art. We organize the transport of the work of art from the Vendor to the Buyer.
2.2 These Terms and Conditions, as amended, govern the legal relations between you and us when you buy a work of art. Any varying terms and conditions of Buyers shall only apply if we explicitly consent hereto in writing.
2.3 All contracts concluded through the Zeichenfabrik Gallery are exclusively entered into by and between the Vendor and the Buyer. We are not party to such contracts. We shall not operate as reseller or as representative or broker for our users. Please address any claims (e.g. due to absent or incorrect delivery) directly to the Vendor(s) in all cases.
Our service consists of mediating selling/buying opportunities by providing the website, using which Vendors and Buyers can contact one another, and in support for the transaction of sales. We receive a commission from Vendors in the event of successful brokering.
We will pass on any queries from users relating to a contract concluded on our platform to the other partner in the contract.
2.4 We hereby reserve the right to expand the Gallery’s range of services offered, to make improvements and replace the current range of services with equivalent alternatives.
2.5 The availability of the Zeichenfabrik Gallery depends on the operation and workload of the Internet and on network infrastructure, over which in some cases we have no control. We do not provide any assurance that our platform will be continually accessible and that all contents will be continually available there. We aim to remedy any outages in the platform as quickly as possible.
2.6 We are entitled to restrict access to and service provision on our platform temporarily if necessary for maintenance works, updates, security and system integrity. We will inform you in advance of any longer-lasting maintenance works.
3. Purchase of works of art, prices
3.1 You can browse through the Zeichenfabrik Gallery and buy works without having to register for a user account. The sale of works of art on our platform is only possible for registered users.
3.2 In order to use our platform you must be an adult or act with the consent of your legal representative.
3.3 Vendors offer buyers contemporary original works of art or limited editions on the website. All offers on our platform are non-binding, subject to the availability of the works of art.
3.4 By clicking on “place order with payment obligation”, you submit a binding offer to purchase the relevant works of art in your shopping cart. You receive email confirmation that we have received your offer. You are bound by this offer for 48 hours.
3.5 We notify the Vendor of your offer and arrange for a check on the availability of the relevant work of art.
3.6 A purchase agreement is only entered into between you and the Vendor if the Vendor has accepted the offer. We will notify you of acceptance by email (“confirmation of availability”). The means of payment specified by you is only charged at this time.
3.7 In the event of the Vendor failing to accept the offer within 48 hours, we will inform you via the email address indicated in the order that the requested work of art is not available. In this case no contract is entered into between you and the Vendor.
3.8 Prices indicated in the order summary are applicable. These prices shall be understood as inclusive of VAT, shipping, packaging and transport insurance. They consist of the price stipulated by the Vendor himself for the relevant work of art, plus a surcharge, which also covers the costs of shipping and insurance, plus applicable taxes and duties.
3.9 We organize a carrier for the purchased work of art and coordinate collection with the Vendor. Unless indicated to the contrary, worldwide delivery is possible. Delivery is carried out to the address indicated by the Buyer on the order. The Vendor is solely responsible for timely packaging and supply of the work of art for collection by the carrier. You shall check the work of art for damages immediately after receipt and, in the event of a complaint, contact us within 48 hours at the email address buero@zeichenfabrik.at and document the complaint with a precise description and photos of the damage.
4. Payment, delay
4.1 You hereby undertake to pay the total amount for your purchase, by means of the offered payment methods, within three working days of your offer having been accepted by the Vendor to an account held by us as trustee at payment provider Stripe.
4.2 The work of art remains the property of the Vendor until payment in full of the total amount. The work of art is only delivered after we have received the total amount in full.
4.3 If this amount has not been received or has only been partly received on our trust account within 3 working days following confirmation of availability of the purchased work of art, the Vendor is entitled to withdraw from the purchase.
4.4 You will receive the invoice for your purchase directly from the Vendor.
5. Right of cancellation/withdrawal
5.1 If you are a consumer, as defined in the Consumer Protection Act, you have the right to withdraw from a purchase agreement with the Vendor on our platform within 14 days, without giving reasons.
5.2 In order to exercise the right of withdrawal please observe the cancellation/withdrawal instruction provided to you as part of the order and sent with the confirmation email. You can send us the notice of cancellation (buero@zeichenfabrik.at); we are authorized to receive this on behalf of the Vendor. We will notify the Vendor of the withdrawal and arrange for your payment to be transferred back to you.
6. Liability and warranty
6.1 We are only liable to you for damage which we or our vicarious agents caused intentionally or through gross negligence. We strive to protect our platform with all reasonable security measures, based on the latest technology, from attacks by hackers and viruses.
6.2 If you are a contractor, as defined in KSchG [Consumer Protection Act], the following applies: Liability for lost profit and consequential damage, where legally admissible, is excluded. Compensation is limited to damage typical of the contract, which we should have anticipated when concluding the contract as a result of the circumstances as known at the time.
6.3 You hereby take note that we can only check photos, data and descriptions of the works of art entered or provided by the Vendors for plausibility, but not for accuracy. We are not obliged to check these contents for accuracy, completeness and lawfulness. We are not liable and do not assume any guarantee for the accuracy and/or completeness of these contents. Similarly, we are not liable and do not assume any guarantee for any specific usability of the entered contents and the correctness of decisions based on them.
6.4 We do not assume any liability for the availability of works of art, the accuracy and completeness of the product description or a specific business outcome from use of the Zeichenfabrik Gallery.
6.5 You are aware that all contracts which you conclude with another user of the Zeichenfabrik Gallery exclusively arise between you and this user. We are not a party to this contract and are not therefore liable for the conclusion or enforceability of this contract. Nor are we liable for the composition, freedom from defects, quality, safety or lawfulness of the subject of the respective contract. You should contact the respective Vendor with any claims.
6.6 You are liable to us for any damages and additional costs resulting from having culpably frustrated timely acceptance of the work of art.
7. Offsetting of claims
You can only offset our claims against your own claims which are legally related to your commitment, have been established in court or recognized by us, or in the event of our insolvency. If you are a contractor, as defined in KSchG [Consumer Protection Act], the following provision applies at variance from the above: offsetting against your own claims is excluded.
8. Language of contract, dispute resolution, applicable law, court of jurisdiction
8.1 The language of the contract is German. Versions of these Terms and Conditions in other languages merely serve as guidance. The German version is solely applicable.
8.2 In the event of individual provisions of these General Terms and Conditions being legally invalid, this shall not affect the validity of the remaining provisions or contracts concluded with the client based on these Terms and Conditions. A provision which comes closest to the ineffective provision (in compliance with the economic purpose) in a legally admissible way shall replace any ineffective provision.
8.3 The competent arbitration bodies for consumers in respect of transactions concluded on our platform are:
Online ombudsman
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Phone: +43 1 595 211 275
Fax: +43 1 595 21 12 99
Email: kontakt@ombudsmann.at
“Arbitration for Consumer Transactions” Association
Mariahilfer Strasse 103/1/18, 1060 Vienna
Phone: +43 (0)1 890 63 11
Fax: +43 (0)1 890 63 11 99
office@verbraucherschlichtung.at
We and the suppliers represented in the Zeichenfabrik Gallery shall decide in the individual case whether to take part in arbitration proceedings.
8.4 The European Commission has set up a platform for online dispute resolution for consumers, which you can find at https://ec.europa.eu/odr.
8.5 This agreement is exclusively subject to Austrian law, in exclusion of the UN Convention on Contracts for the International Sale of Goods and of international conflict of law rules, where they refer to law other than Austrian law.
8.6 Place of performance for the availability of this platform and its functions is the head office of Zeichenfabrik Ausbildungsstätte für Kunst GmbH. The relevant competent court at the head office of Zeichenfabrik Ausbildungsstätte für Kunst GmbH has jurisdiction for any disputes arising under this agreement, including the matter of effective conclusion and termination hereof. If you are a consumer, as defined in KSchG [Consumer Protection Act], and have your domicile or usual residence in Austria, or are employed in Austria, action can only be brought against you, the above notwithstanding, by courts in the judicial district in which you have your domicile, usual residence or place of employment.