TERMS OF SERVICE / GENERAL TERMS & CONDITIONS (GTC)
Convenience translation
This English version is provided for informational purposes only. In case of discrepancies, the German version shall prevail.
ALLGEMEINE GESCHÄFTSBEDINGUNGEN – AGB
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 referred to as “SILVERFINEART”, “we”, “us” or “our”.
Any terms and conditions submitted by the customer that deviate from or supplement these GTC shall apply only where SILVERFINEART has expressly agreed to them in writing.
Where these GTC refer to consumers or business customers, the applicable statutory definitions shall apply.
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 express order confirmation by email or by dispatching the goods, whichever occurs first.
An automatically generated acknowledgement of receipt does not constitute acceptance of the order unless it expressly states otherwise.
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, an obvious 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 any applicable statutory VAT. Shipping costs are not included in the product price and are displayed before completion of the order at checkout.
For deliveries outside the European Union, customs duties, import VAT, customs clearance fees or other import charges may apply in addition to the purchase price and shipping costs.
Payment is made 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 credit-card details.
4. SHIPPING AND DELIVERY
Delivery is made to the shipping address provided when placing the order.
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.
Any stated delivery times are estimates unless a binding delivery date has been expressly agreed.
SILVERFINEART offers worldwide shipping to the destinations available at checkout. All orders are carefully packed using packaging appropriate to the respective artwork.
Delivery delays may occur due to circumstances outside our reasonable control, including customs clearance, transport disruption, supply shortages, strikes, official measures, force majeure or comparable circumstances.
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 and consumer 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 and newsletters at any time.
7. WARRANTY AND DEFECTS
The applicable statutory warranty rights apply. For consumer contracts, the applicable provisions of Austrian consumer warranty law apply in particular.
The artwork or other goods supplied must correspond to the agreed description and characteristics.
Handmade, unique or individually finished artworks may show differences in surface, texture, patina, colour, material or execution resulting from the materials used, the production process or the artist’s individual working method.
Such variations do not automatically constitute a defect where they form part of the individual or artistic character of the work and the delivered artwork otherwise corresponds to the agreed description and characteristics.
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.
A delayed notification of transport damage 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.
This applies in particular to liability for injury to life, body or health and to mandatory liability under applicable product liability legislation.
Mandatory consumer rights remain unaffected.
9. FORCE MAJEURE
SILVERFINEART shall not be responsible for delays or temporary inability 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, major interruptions of supply chains or comparable events.
Where such circumstances temporarily prevent performance, agreed delivery or performance periods may be extended for a reasonable period.
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 for future contracts, for example to reflect changes in law, technical developments, payment or shipping processes or changes to our business operations.
Amendments do not apply retrospectively to contracts already concluded unless expressly agreed or 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 in the cases provided for by law.
This applies in particular to goods made to your individual specifications or clearly personalised to your individual requirements.
Examples 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 and which therefore cannot readily be resold in the ordinary course of business.
The mere 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.
Whether a particular order falls within the statutory exception depends on the nature and extent of the individual customisation.
Where an individually configured order qualifies for a statutory exception under which no right of withdrawal applies, you will be informed accordingly before completing the order.
Further information is available in our:
14. NOTES ON COLOUR, DISPLAY AND MATERIAL VARIATIONS
We aim to reproduce artworks, photographs, prints, frames and materials in our online shop as accurately as possible.
Their appearance may nevertheless vary depending on the device or screen used, including differences in colour profiles, brightness, contrast, calibration and display settings.
Minor differences 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, material or execution. Such characteristics 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 materials for safe transport.
Where offered or agreed, shipments may 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 expressly 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 the damage recorded 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 additional transport insurance for safety reasons.
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 costs and are the responsibility of the recipient.
The amount of any import charges depends on factors including the destination country, the value and customs classification of the goods and the applicable local regulations.
SILVERFINEART has no control over the amount or assessment of 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 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.
Artworks should not be placed directly above radiators or in environments with unsuitable humidity or insufficient ventilation.
HANDLING
Where possible, avoid touching sensitive print surfaces or other delicate 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 suitable cleaning products only on the outer surface of the glass or acrylic.
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 construction of the wall and the weight of the artwork.
Professional installation is recommended for large, heavy or particularly valuable artworks.
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 individual advice.