TERMS OF SERVICE / AGB

SCOPE, CUSTOMER INFORMATION

The following General Terms and Conditions (“GTC”) apply to all business relationships between SILVERFINEART e. U. and users of this website, consumers, and businesses that purchase goods through our online shop, in the version valid at the time the order is placed. All offers, services, and deliveries by our company are provided exclusively on the basis of these GTC. Conflicting or deviating terms and conditions are not recognized unless expressly agreed to in writing. Performance of contractual obligations by SILVERFINEART e. U. shall not constitute acceptance of any terms differing from these GTC.

SILVERFINEART e. U. reserves the right to amend these GTC at any time without stating reasons. Continued use of the online service constitutes acceptance of the amended GTC. Goods are supplied only in quantities customary for typical end consumers.

The consumer agrees that SILVERFINEART e. U. may send order-related communications and promotional information to the email address provided by the consumer. The contract language is German.

OFFER AND FORMATION OF CONTRACT

Use of the website and the online shop is free of charge and permitted only to legally competent adult natural or legal persons. Use is at the user’s own risk. The user warrants that the identity and information provided are accurate and complete.

SILVERFINEART e. U. reserves the right to reject orders containing incomplete or obviously incorrect information. The contracting party must notify SILVERFINEART e. U. in writing without undue delay of any change in name or address. If no such notice is given, written communications shall be deemed received if sent to the last address provided.

Product displays in the online shop silverfineart.com, as well as information in catalogs, brochures, other sales materials, and on the website, are non-binding. Minor and reasonable deviations between product images and delivered products may occur. Such displays do not constitute binding offers.

After selecting a product category, individual product groups and subgroups are displayed for selection. A product is added to the shopping cart by clicking the “ADD TO CART” button. Items may be modified or removed from the shopping cart at any time. After completing the order process, the customer proceeds via the “CHECKOUT” button to the “YOUR EMAIL” section, where customer data must be entered and shipping and payment methods selected.

By clicking the “PURCHASE” button, the consumer or business submits a binding offer to enter into a purchase contract. Automated order confirmations merely acknowledge receipt of the order and do not constitute acceptance. SILVERFINEART e. U. may accept the offer within five (5) business days by sending an order confirmation by email. If no order confirmation is sent within this period, the offer shall lapse.

STORAGE OF CUSTOMER AND ORDER DATA

All details of the purchase contract are stored by us. During the ordering process, users may correct entries at any time using the delete function. The order process may be canceled at any time by closing the browser window.

PRICES, PAYMENT TERMS, DEFAULT INTEREST, REMINDER AND COLLECTION COSTS

Prices valid at the time of order apply. All prices stated on the website are subject to change and non-binding. Prices are gross prices (including VAT) stated in euros and exclude packaging, shipping, and any applicable taxes, duties, or customs fees. Shipping and packaging costs, as well as any additional taxes or customs duties, are borne by the user. Shipping charges apply per delivery regardless of partial shipments or number of items ordered.

SILVERFINEART e. U. reserves the right to offer free shipping above a minimum order value, in which case the shipping method is selected by SILVERFINEART e. U. Payment is accepted by credit card or PayPal. Other payment methods may be accepted only upon prior written agreement. SILVERFINEART e. U. does not accept or bear any fees associated with international transfers. Any such fees must be reimbursed in full by the customer prior to delivery.

Discounts or special rebates require separate written agreement. In the event of default in payment, SILVERFINEART e. U. is entitled to charge statutory default interest and all costs necessary for appropriate legal enforcement, without prejudice to claims for higher proven damages. SILVERFINEART e. U. may also exclude the user from placing further orders after non-payment and one reminder.

RETENTION OF TITLE

Title to the goods remains with SILVERFINEART e. U. until full payment of the purchase price and all ancillary charges has been received. The customer agrees to handle the goods with due care during the period of retention of title. The customer is not entitled to dispose of goods subject to retention of title without prior consent and bears the risk of accidental loss, destruction, or deterioration.

If goods subject to retention of title are seized or otherwise encumbered by third parties, the buyer must immediately notify SILVERFINEART e. U. and take all necessary steps to protect our ownership rights.

WITHDRAWAL, RIGHT OF REVOCATION FOR PRIVATE CONSUMERS

Information regarding the exercise of the right of withdrawal.

DELIVERY, DELIVERY PERIOD, SHIPPING, TRANSPORT, AND FAILURE TO ACCEPT

The place of performance for deliveries by SILVERFINEART e. U. is SILVERFINEART GALLERY, Lindengasse 28/3, 1070 Vienna, Austria. Partial deliveries are permitted. In cases of force majeure, the contractual obligations of both parties are suspended. Force majeure includes labor disputes, transport delays, machine failures, product-related disruptions, governmental actions, and other circumstances beyond the reasonable control of either party.

SILVERFINEART e. U. ships products to the delivery address provided by the customer. Delivery times are generally five (5) to ten (10) business days. For consumer transactions, delivery shall occur no later than thirty (30) days after contract formation unless the customer is informed and expressly agrees to a longer delivery period due to limited availability or custom production.

SILVERFINEART e. U. reserves the right to withdraw from the contract in the event of delivery delays or supplier issues. The customer will be informed promptly by email and may be offered alternative solutions. Risk of loss passes to the buyer upon handover to the carrier. In consumer transactions, risk passes only upon delivery to the consumer or a third party designated by the consumer, unless the consumer has independently contracted the carrier.

If the buyer fails to accept delivery as agreed, SILVERFINEART e. U. may store the goods after an unsuccessful grace period. SILVERFINEART e. U. may insist on performance or withdraw from the contract after written notice and a fourteen (14) day grace period and dispose of the goods otherwise. In such case, no refund of payments made shall be granted. Delivery dates and deadlines may be exceeded by up to fourteen (14) days before the buyer is entitled to withdraw.

WARRANTY AND GUARANTEE

Warranty claims require presentation of the original invoice issued by SILVERFINEART e. U. The guarantee period is six (6) months from the invoice date. In the event of a guarantee claim, SILVERFINEART e. U. bears the costs of return and reshipment.

For warranty claims arising between the seventh (7th) and twenty-fourth (24th) month after the invoice date, return shipping costs are borne by the buyer. Any warranty claims beyond this scope are excluded. Set-off of counterclaims by the buyer is excluded except in cases of insolvency, legal connection of claims, or where the counterclaim has been finally adjudicated or expressly acknowledged by SILVERFINEART e. U.

No warranty is provided for improper or unsuitable use, handling, or application. No warranty is given that the website will be continuously available.

DEFECTS AND DAMAGES

SILVERFINEART e. U. is liable for damages arising from contract performance only in cases of gross negligence or willful misconduct, except for personal injury. Shipments are insured during transport. Insurance coverage requires immediate inspection upon delivery and confirmation of receipt only after inspection. Transport damage or incomplete delivery must be confirmed by the carrier immediately and reported to SILVERFINEART e. U. in writing within twenty-four (24) hours of receipt at sales@silverfineart.com.

CHANGES

Product representations and descriptions are non-binding. Minor and reasonable deviations may occur. Changes in design, form, color, or technical features do not constitute grounds for complaint or return.

LIMITATION OF LIABILITY

SILVERFINEART e. U. excludes liability for minor negligence to the extent permitted by law, except in cases involving essential contractual obligations, injury to life, body, or health, guarantees, or claims under product liability law. This limitation also applies to acts of agents and legal representatives. Essential contractual obligations include the obligation to deliver the goods and transfer title free of defects.

INTELLECTUAL PROPERTY

All services and content on silverfineart.com are protected by copyright law. Any modification of the website is prohibited.

NO GRANT OF RIGHTS

The purchase of a photographic print conveys ownership of the physical print only. No intellectual property or usage rights are granted. Any reproduction, distribution, rental, public display, or other analog or digital exploitation is prohibited unless expressly permitted by law. Resale of the physical print is permitted.

FINAL PROVISIONS

If any provision of these GTC is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Place of performance is the seller’s registered office. Venue and jurisdiction shall be Vienna, Austria, or another statutory venue at the discretion of SILVERFINEART e. U. Austrian law applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

TERMS OF SERVICE / AGB SILVERFINEART GALLERY - Gerald Berghammer