of Bluhm & Schwarz (B&S Photographic Artwork OG),
effective 15.5.2011
§ 1 GENERAL – SCOPE
1.
The following terms and conditions apply to all business between us ("Bluhm & Schwarz") and the Customer. In each case, the version valid at the time of the conclusion of the contract is applicable.
2.
Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and therefore natural or legal persons who are not Entrepreneurs.
Entrepreneurs are natural or legal persons or partnerships with legal capacity, for which the present contract is part of their business operations. Companies are all organisations of independent economic activity designed for continued operation, even if it is not for profit.
Customers are both Consumers and Entrepreneurs.
3.
Differing, conflicting or additional terms and conditions, even if acknowledged, are not part of the contract unless an agreement is made in writing.
§ 2 CONTRACT CONCLUSION
1.
Our offers are non-binding and subject to change. Technical and other changes remain reserved within the bounds of reason.
2.
With the order, the Customer makes a binding offer of contract. Where goods are ordered electronically, we will confirm receipt of the order of the Customer immediately. The receipt does not constitute a binding acceptance of the order.
The order is accepted by us without further confirmation by the dispatch of the goods.
3.
We are entitled to accept the contract offer contained in the order within a week after receipt. For electronically ordered goods we are entitled to accept the order within three working days after receipt.
We are entitled to decline acceptance of an order – for example after examining the creditworthiness of the Customer. We have the right to limit the order to a household quantity.
In the case of non-availability of the service, the Customer will be informed immediately. The payment will be refunded without delay.
§ 3 RESERVATION OF TITLE
1.
We retain the title to all goods until the purchase price has been paid in full.
2.
The Customer is obligated to handle the goods with care during the period of retention of title.
3.
We are entitled to take back the goods in the event of a breach of contract by the Customer, especially in the event of delay in payment.
4.
The Entrepreneur is entitled to resell the commodity in the orderly course of business. The reseller assigns to us at this time all claims to the goods held against a third party in the course of the resale, up to the invoiced amount, and undertakes to make a corresponding entry in his books or on his invoices. We accept the assignment. After completion of the assignment, the contractor shall be entitled to collect the claim. We reserve the right to collect the receivables ourselves in case the contractor does not meet his financial obligations and is in default of payment.
5.
The goods are handled and processed by the Entrepreneur in our name and on our behalf. Where such processing is performed we shall be entitled to co-ownership in the new object in proportion to the value of the goods delivered by us. The same applies if the goods are processed or mixed with other goods not belonging to us.
§ 4 RIGHT OF WITHDRAWAL
1.
The Consumer has the right to withdraw from the contract within fourteen working days from receipt of the goods delivered to the Consumer. However, this does not apply for unique pieces of all product categories, as well as for products that are manufactured specifically according to Customer specifications. The withdrawal does not require a justification and must be made in written form; a timely dispatch is enough for the adherence to the time limit.
The products can be returned to the address that is on the return address field of the delivery note.
All items returned in this way will be controlled by us. Purchased products must have the entire packaging and product description (if any) and must be returned without any traces of use. In this event, the costs for return must be covered by the party placing the order.
A return will be rejected if:
- traces of use are visible
- the product is returned without original packaging
- the product is damaged due to transportation.
If the ordered product has shortcomings in quality or has not been ordered by you, Bluhm & Schwarz will gladly refund the price, the cost of transport for the return, duties and taxes incurred (to be proven by receipts) as well as the original shipping costs. The products will not be taken back if they show signs of use, such as:
- traces which are based on normal load use
- higher circumstances such as natural disasters
- traces of improper use
- interference by the buyer or third persons
- extreme use or extreme influence by the Customer.
2.
We must explicitly point out that you have to pay compensation if you cannot return the goods wholly or in part, or if the goods have deteriorated through normal use. If you want to avoid the payment of compensation, you should not take the goods into use as an owner and refrain from doing anything which reduces their value. For example, compensation for deterioration must be made if the goods or accessories are damaged, parts of the product are missing or disproportionately contaminated.
3.
If the product is lost during the return transport, no costs shall be reimbursed. We recommend returning the product with a provider that offers a track & trace service.
§ 5 PAYMENT
1.
The prices quoted are current prices and are valid until further notice. Prices are subject to change. Prices include Value Added Tax.
In contracts with Customers in non-EU countries, the Customer will bear any import or export charges and any other fees or charges payable by the Customer.
The Customer will not bear further charges through the use of telecommunications.
The Customer may pay the purchase price by bank transfer, PayPal or credit card. We reserve the right to exclude certain types of payment.
2.
The Customer agrees to pay the purchase price within ten days upon receipt of the service. After this period the Customer is in default of payment.
The Entrepreneur has to pay interest on defaulted debt at the rate of 8% above the base rate. We reserve the right to verify and apply a higher default interest claim from Entrepreneurs.
The Entrepreneur agrees to bear all costs and expenses associated with the collection of the claim, in particular collection charges or other necessary costs for appropriate legal proceedings.
3.
The Entrepreneur has a right to compensation only if his counterclaims have been legally established or have been acknowledged by us.
§ 6 PASSING OF RISK
1.
The Customer takes the risk of an accidental destruction and an accidental deterioration of the goods at the handing over, in the case of a mailing purchase at delivering the object to a forwarding agent, the haulier or other people or institutions/departments responsible for the consignment.
2.
Delivery shall be deemed to have been effected if the Customer is in default of acceptance.
§ 7 WARRANTY
1.
The Customer basically has the choice of whether an improvement or replacement should take place. We have the right to refuse the chosen remedy if it is impossible or if it involves a disproportionate effort for us compared to another remedy.
For Entrepreneurs, we will choose initially a remedy or replacement for our warranty on deficiencies on the product.
2.
If an improvement is not possible or feasible, the Customer is entitled to demand a price reduction or, if it is not just a minor defect, rescission of the contract.
3.
Entrepreneurs need to inspect the goods within a reasonable period for defects and notify them to us in writing within a period of one week after receipt of the goods, otherwise the assertion of warranty is excluded.
Hidden defects must be notified in writing within a week from discovery.
The punctual dispatch of the notification suffices to comply with the time limit.
The Entrepreneur bears the full burden of proof that all the conditions for a claim are met, especially for the defect itself, for the point in time when the defect is established and that the defect is reported in time.
4.
The warranty period for Consumers is two years from the date of delivery of the goods.
The warranty period for Entrepreneurs is one year from the date of delivery of the goods.
5.
We make no guarantees to our Customers in the legal sense. Manufacturer warranties are hereby not affected.
§ 8 PRODUCT COLOURS AND TEXTURES
1.
We strive to reflect the true colours of the products. We point out that there may be slight variations of the colours given in the images to the actual colour shades. Slight colour variations are mostly due to colour settings on the monitors and do not constitute a defect.
2.
We also note that the products sold by us, are made, inter alia, of recycled materials and this can therefore lead to irregularities in their material properties and colours.
§ 9 LIABILITY LIMITATIONS AND EXEMPTION
1.
Outside the scope of product liability law, our liability is limited to intent or gross negligence.
Liability for minor negligence, the replacement of corollary damages and damages to property, unrealised savings, losses of interest and damages from the claims of a third party against the Customer are excluded.
2.
We are only liable for the content on the website of our online stores. As far as we allow access with links to other websites, we are not responsible for external contents contained therein. We do not endorse any of these contents as our own. If we become aware of illegal content on external websites, we will block access to these sites immediately.
§ 10 DATA PROTECTION
Customer data will be collected and processed electronically. Personal data disclosed in the course of the business relationship will be kept confidential. Bluhm & Schwarz uses the data for the processing of orders, the supply of goods and provision of services and communication about orders, products and services provided or services to be rendered with the owner of the recorded data. The data will be passed on to third parties only to the extent necessary for the provision of technical, logistical or other services which are clearly in the Customer's interest. Personal data is deleted at the request of Customers. For more information about privacy at Bluhm & Schwarz, as well as complaints and requests for data information please contact info@bluhmschwarz.com.
§ 11 FINAL PROVISIONS
1.
Austrian law is applicable.
The provisions of the CISG do not apply.
For Consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the laws of the country in which the Consumer has his habitual residence has not been revoked.
2.
The venue for any dispute directly or indirectly arising from the contract is agreed to be the competent Austrian court responsible for our location.
If the Customer is a Consumer, the court's jurisdiction is only deemed to be agreed upon if the Customer has his domicile, habitual residence or place of employment in the court's circuit or if the Customer resides abroad.
3.
If any provision of the contract with the Customer, including these General Terms and Conditions, are or become invalid, in whole or in part, the validity of the remaining provisions shall not be affected. In contracts with Entrepreneurs, the wholly or partially invalid provision shall be replaced by a provision whose commercial success comes closest to the invalid one.
