TERMS OF SERVICE / GENERAL TERMS & CONDITIONS (GTC)

1. SCOPE OF APPLICATION

These General Terms & Conditions (GTC) apply to all orders and purchases placed by customers through the online shop of SILVERFINEART e.U. (hereinafter “SILVERFINEART”, “we”, “us” or “our”).

Any terms and conditions submitted by the customer that deviate from these GTC shall not apply unless expressly agreed by SILVERFINEART in writing.

Mandatory statutory rights, in particular consumer protection rights, remain unaffected.

2. CONCLUSION OF CONTRACT

The presentation of artworks and other products in our online shop does not constitute a legally binding offer but an invitation to place an order.

By submitting an order, you make a binding offer to purchase the goods contained in your basket.

A contract is concluded when SILVERFINEART accepts your order by sending an order confirmation by email or by dispatching the goods, whichever occurs first.

We reserve the right to reject an order where there is a legitimate reason to do so, for example where an artwork is no longer available, a pricing or product information error has occurred or delivery to the requested destination is not possible.

3. PRICES AND PAYMENT TERMS

All prices are stated in euros unless another currency is expressly displayed.

Unless stated otherwise, prices include applicable statutory VAT and exclude shipping costs. Shipping charges are displayed at checkout before the order is submitted.

For deliveries outside the European Union, customs duties, import VAT or other charges may apply in addition to the purchase price and shipping costs.

Payments are processed using the payment methods available at checkout. Available payment methods may vary depending on location, order value and payment provider.

Payment information is processed securely through the respective payment service provider. SILVERFINEART does not receive or store your full card details.

4. SHIPPING AND DELIVERY

Delivery is made to the shipping address provided when placing the order.

Estimated production, dispatch and delivery times may vary depending on the artwork, presentation option and destination. Individually produced fine art prints, framed artworks, mounted works or other specially prepared items may require additional production time.

Orders are carefully packed for safe transport. SILVERFINEART offers worldwide shipping to the destinations available at checkout.

Delivery delays may occur due to circumstances outside our reasonable control, including customs clearance, transport disruption, supply shortages, strikes, official measures or force majeure.

If delivery cannot be completed for reasons attributable to the customer, for example because an incorrect delivery address was provided or delivery was refused without justification, additional costs for return transport or re-delivery may be charged where permitted by law.

Mandatory statutory delivery rights remain unaffected.

5. RETENTION OF TITLE

The goods remain the property of SILVERFINEART until the purchase price and all amounts due in connection with the order have been paid in full.

6. ELECTRONIC COMMUNICATION

If you provide an email address when placing an order or submitting an enquiry, we may use it to communicate with you in connection with your order or enquiry.

This may include order confirmations, payment information, production or shipping updates, tracking information and questions relating to your purchase.

Marketing communications and newsletters are sent only where the applicable legal requirements are met. You may unsubscribe from marketing emails at any time.

7. WARRANTY AND DEFECTS

The applicable statutory warranty rights apply.

The artwork or other goods supplied must correspond to the agreed description and characteristics.

Minor variations that result from artistic production, handmade processes, natural materials or individual finishing do not in themselves constitute a defect where they form part of the nature or individual character of the work and the delivered item otherwise corresponds to the agreed description.

Please inspect your order after delivery where possible. If an artwork or its packaging shows visible transport damage, please document the condition with photographs and contact SILVERFINEART as soon as possible so that we can assist with the claim.

Failure to report transport damage immediately does not affect your statutory warranty or consumer rights.

8. LIABILITY

SILVERFINEART is liable in accordance with the applicable statutory provisions.

Nothing in these GTC excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for personal injury or mandatory liability under applicable product liability legislation.

Any limitation of liability applicable to business customers applies only to the extent permitted by law.

Statutory consumer rights remain unaffected.

9. FORCE MAJEURE

SILVERFINEART shall not be responsible for delays or failure to perform contractual obligations where performance is prevented or materially affected by circumstances outside our reasonable control.

Such circumstances may include natural disasters, fire, flooding, war, civil unrest, strikes, pandemics, official measures, transport disruption, interruption of supply chains or comparable events.

Where such circumstances temporarily prevent performance, agreed delivery or performance periods may be extended for a reasonable period.

Any mandatory statutory rights of either party remain unaffected.

10. AMENDMENTS TO THE GTC

The version of these GTC applicable at the time an order is placed shall govern that contract.

SILVERFINEART may amend these GTC from time to time, for example to reflect changes in law, business processes, payment systems or technical requirements.

Amended GTC apply to future contracts only unless a change to an existing contract has been expressly agreed or is otherwise permitted by law.

11. GOVERNING LAW, JURISDICTION AND CONTRACT LANGUAGE

Austrian law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law does not deprive you of mandatory consumer protection rights applicable under the law of the country in which you have your habitual residence.

For business customers, the competent courts in Vienna, Austria, shall have jurisdiction to the extent permitted by law.

Statutory rules concerning jurisdiction for consumers remain unaffected.

The contract language is German.

12. CONTACT

SILVERFINEART e.U.
Lindengasse 28/3
1070 Vienna
Austria

Email: sales@silverfineart.com

13. CUSTOM-MADE AND PERSONALISED GOODS

If you are a consumer and a statutory right of withdrawal generally applies, please note that this right does not apply to goods made to your individual specifications or clearly personalised within the meaning of applicable consumer law.

This may include individually commissioned artworks, non-standard formats produced specifically to your requirements, personalised works or other goods whose production is based on an individual specification that makes the item unsuitable for ordinary resale.

The selection of standard options offered in our online shop does not automatically mean that an item is considered custom-made for the purposes of the statutory exception.

Where an order qualifies as a custom-made or personalised item for which the statutory right of withdrawal does not apply, you will be informed accordingly before placing the order.

Further information is available in our Right of Withdrawal policy.

14. NOTES ON COLOUR, DISPLAY AND MATERIAL VARIATIONS

We aim to reproduce artworks, prints, frames and materials as accurately as possible. However, their appearance may vary depending on the device or screen used, including differences in colour profile, brightness, contrast and calibration.

Minor variations between the digital representation and the physical artwork may therefore occur.

Handmade, unique and individually finished artworks may also show natural or artist-specific variations in surface, texture, patina, colour or material. Such variations may form part of the individual character and artistic execution of the work.

These provisions do not affect your statutory warranty rights. The delivered artwork must correspond to the agreed description and characteristics.

15. SHIPPING, INSURANCE AND TRANSPORT RISK FOR ARTWORKS

We pack artworks professionally and use appropriate packaging for safe transport. Where offered or agreed, shipments may also be insured according to the value and destination of the artwork.

For consumers, the risk of accidental loss or damage generally passes to you only when the goods are delivered to you or to a third party designated by you who is not the carrier.

If you independently commission a carrier that was not offered by SILVERFINEART, the risk may pass when the goods are handed over to that carrier, in accordance with the applicable statutory provisions.

For business customers, transport risk is governed by the applicable statutory provisions unless otherwise agreed.

Please inspect the shipment upon delivery where possible. If the packaging or artwork shows visible transport damage, please document the damage with photographs and, where possible, have it noted by the delivery service.

Please contact SILVERFINEART as soon as possible so that we can assist with the claim. Your statutory rights remain unaffected.

For particularly valuable, large or sensitive artworks, SILVERFINEART may recommend or require specialist fine art transport, additional packaging or insurance. Any additional costs will be communicated before dispatch.

16. DELIVERIES OUTSIDE THE EU – CUSTOMS, IMPORT VAT AND IMPORT DUTIES

Orders delivered to destinations outside the European Union may be subject to customs duties, import VAT, customs clearance charges or other fees imposed by authorities or service providers in the destination country.

Unless expressly stated otherwise at checkout or in the order confirmation, such duties, taxes and charges are not included in the purchase price or shipping cost and are the responsibility of the recipient.

The amount of any import charges depends on the destination country, the value and classification of the goods and the applicable local regulations. SILVERFINEART has no control over these charges and may not be able to determine their exact amount in advance.

The recipient is responsible for complying with applicable import requirements and for providing any information or documentation requested by local customs authorities or the carrier.

Customs clearance procedures may result in additional delivery time. Delays caused by customs authorities or import procedures are outside SILVERFINEART’s reasonable control.

If you require information about possible customs duties or import taxes before placing an order, we recommend contacting the relevant customs authority in the destination country.

17. CARE, HANDLING AND HANGING OF ARTWORKS

Artworks and fine art prints require appropriate handling and care.

Light and climate
Avoid prolonged exposure to direct sunlight, excessive humidity and extreme temperature fluctuations. Do not place artworks directly above radiators or in environments with unsuitable humidity or ventilation.

Handling
Avoid touching print surfaces or other sensitive areas with bare hands. Where appropriate, use clean gloves and handle the artwork by its edges or frame.

Cleaning
Do not apply aggressive cleaning agents directly to an artwork. For framed works, use appropriate cleaning products only on the outer surface of the glass or acrylic and apply the cleaning product to a cloth rather than spraying it directly onto the frame or artwork.

Mounting and hanging
Use suitable fixings, screws, wall plugs or hanging systems appropriate to the wall construction and the weight of the artwork. For large, heavy or particularly valuable works, professional installation is recommended.

Improper handling
Statutory warranty rights do not cover damage caused after delivery by improper handling, unsuitable storage, incorrect installation, inappropriate cleaning or other external influences for which SILVERFINEART is not responsible.

If you are uncertain about installation, framing or the appropriate care of an artwork, please contact SILVERFINEART for guidance.