1220 Vienna / Austria
Tel: +43 1 353 55 33
General Terms and Conditions (GTC)
Creating and distributing photographic art is the mainstay of our project. Since our activities are also a business, the provision of uniform rules for these business transactions is essential. For this purpose, the following general terms and conditions were created and agreed between you and us
You can use various services provided by us via our platform www.gvir.art. Here is a brief summary of these services:
You can order digital copies of works of various sizes and finishes on our platform.
For reasons of clarity, these General Terms and Conditions are divided into three parts:
Part A concerns all general provisions and rules for the use of our online offer.
Part B concerns the right of return.
Part C contains general final provisions.
1. Who can register?
1.1. Registration is limited to natural persons, legal persons or partnerships of legal age and legal capacity. In particular, minors are not permitted to register. We ask for your understanding in this matter.
1.2. We must ask you to provide all information requested during registration completely and correctly, e.g. First and last name, current address (no PO box), telephone number (no value-added service number), a valid email address and, if applicable, your VAT identification number(s) and, if applicable, information on VAT rules. We are entitled, but not obliged, to check the correctness of all information provided.
1.3. If the registration is made in relation to a legal person, the registration may only be made by a natural person with the necessary powers. This person must be named.
1.4. If any or all of the information provided during registration subsequently changes, you are responsible for correcting the information immediately.
1.5. When registering, a username and password must be selected. The user name must not infringe any rights - in particular copyrights or trademark rights - of third parties. In addition, the username must not be misleading and must not be contrary to public order or contrary to the law. We are free to define formal rules and restrictions for new user names and to reject existing user names - even retrospectively.
1.6. Passwords must be treated confidentially and access to the account must be protected. You are obliged to inform us immediately if you suspect misuse of the account by third parties.
2. How are our services provided?
We ask for your understanding that we can only provide the GVIR ART website and its functions within the limits and possibilities of the state of the art.
For reasons of further development and security as well as in the interest of a trouble-free service, we carry out regular maintenance work on our system. For this purpose, we are entitled to temporarily interrupt or limit the provision of our services, taking your interests into account. If possible, such maintenance work should be carried out during periods of minimal usage. If longer interruptions or restrictions are necessary, we will inform you about the type, scope and duration of the impairment, insofar as this is possible under the circumstances and a required repair does not conflict with an existing interruption or is delayed.
2.3. System malfunction and failure
You will be aware that, given the current state of the art, it is not possible to make works available for viewing on the Internet that are completely free of system disruptions and disruptions. We therefore assume no liability for the inaccessibility of works due to technical problems with communication networks, security breaches by third parties (e.g. denial-of-service attacks) or incomplete and/or outdated offers on proxy servers (caching), provided this the case is Beyond Our Control.
3. What products do we offer?
On request we offer the following products via the GVIR ART website: Photographic works of art in a wide variety of designs such as Printing on paper, plastics, canvas, metals and other objects. The photographic digital data created exclusively by GVIR ART are reproduced on a wide variety of materials. Limited versions are specially marked, signed, numbered and provided with a certificate of authenticity.
4. Workflow, Production Release, Termination
4.1. A sales contract is only concluded when we send you the ordered product. For the avoidance of doubt, the contract does not extend to products included in the same order that were later not included in the shipping documents. The shipping costs will be charged. The amount of the shipping costs is specified when ordering. If delivery to a country outside the EU is subject to taxes or excise duties, these costs are at your own expense.
At the end of your order, after the goods have been dispatched, you will receive a one-off invitation to take part in a voluntary customer satisfaction survey.
4.2. All delivery periods specified by us are non-binding. We are entitled to partial deliveries.
5. What compensation do we receive for our services?
The remuneration for our services according to point 3 of these General Terms and Conditions is calculated from the current price list specified during the ordering process, which can be viewed at www.gvir.art. We are entitled to change the price list for future orders at any time without prior notice.
6. How does billing work?
The buyer pays the purchase price by credit card or PayPal when placing the order (advance payment).
6.1. In the event that the buyer's account does not have sufficient funds or if the buyer objects to the debiting of his account without good reason, GVIR ART reserves the right to charge a processing fee of €10.00.
6.2. If the buyer defaults on payment, GVIR ART is entitled to charge default interest of 10% p.a. above the base rate set by the European Central Bank. In addition, a fee of €7.50 will be charged for each reminder, with the exception of the first reminder. If a higher damage caused by delay can be proven, GVIR ART is entitled to assert this against the defaulting buyer. In the aforementioned cases, the buyer reserves the right to prove that GVIR ART suffered no damage or less damage than the aforementioned flat rates.
7. Retention of Title
The ownership of the produced works remains with GVIR ART until all payments have been paid in full.
8. What you should do if you want to query our services.
8.1. Merchants and traders must inspect the deliveries immediately after delivery as part of the normal course of business and notify us of any defects in writing without delay; § 377 HGB applies without restriction.
8.2. In all other cases, all obvious defects must be reported within one week. The date of delivery and receipt of the notification of defects is decisive for the calculation of this period.
8.3. In the event of an objection, all documents relevant to the contract must be made available to us. Otherwise the examination and processing of the notification of defects may be delayed.
8.4. Defects in part of the delivery do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest.
9. What guarantee applies to our services?
9.1. If there is a defect, we are entitled to make a new delivery or rectify the defect within a reasonable period of time. If the subsequent delivery or remedy of the defect fails, you are entitled to choose between withdrawing from the contract or requesting a reasonable reduction.
9.2. The papers, dyes, chemicals and other materials used in our materials, like other dyes, may show slight changes over time. These changes may differ from one production batch to another. Such deviations from product properties do not constitute defects.
CUSTOMER SATISFACTION & RETURN POLICY
In the unlikely event that you are not satisfied with your product, simply contact customer service within 7 days of receiving your order by emailing email@example.com with:
A precise description of the problem
Your order number
Some pictures on the subject
Including these things will help us resolve things quickly. Please allow 1-2 business days for our team to get in touch with you.
We are unable to refund your order for customer-caused errors such as color differences between your computer screen and the product delivered.
Products ordered incorrectly (e.g. wrong product size, style frame) can be exchanged within 14 days of receipt of the work for a 15% restocking fee.
In this case, the customer bears the return costs
We cannot provide exchanges or refunds due to damage caused by customer handling, storage or treatment.
We reserve the right, at our discretion, to require you to return the Product to us; offer an exchange; Issue store credit for items without shipping; Take no action; or in rare cases (where we have exhausted all possible solutions and cannot find a solution) offer a refund. Please ensure that the work is returned appropriately in any case in the original packaging including all protective materials. We cannot accept other packaging. You have to bear the cost of returning.
GENERAL FINAL PROVISIONS
1. What happens in the event of infringement or infringement of third-party rights?
1.1. If there are concrete indications that you have violated legal regulations, the rights of third parties or these General Terms and Conditions, or if we have another legitimate interest, in particular the protection of other users from deception or fraud, the following measures are open to us:
Deletion of offers or other content
Restriction/restriction on the use of the online service provided by GVIR ART
When selecting the measures to be taken, we take into account your interests worthy of protection as far as possible, in particular whether there are concrete indications of an infringement through no fault of your own.
1.2. We are entitled to prohibit further use of the GVIR ART website (permanent blocking) ifyou have entered incorrect contact information, in particular an incorrect or invalid e-mail address;
They cause significant usage damage, especially when our services are misused;
you breach these General Terms and Conditions;
there is another valid reason.
1.3. After final blocking, there is no right of return for access to our service. Any further use of the GVIR ART website, also via other member accounts, is prohibited. Re-registration is not permitted.
2. System Integrity and GVIR ART Website Disruption
2.1. Any use of mechanisms, software or other scripts that are capable of disrupting the functioning of the GVIR ART website in connection with this website is prohibited.
2.2. Any use that can lead to an unreasonable or excessive load on the infrastructure of GVIR ART is prohibited. You may not block, overwrite, modify or otherwise disrupt the functionality of the GVIR ART website that we generate.
2.3. The contents of the GVIR ART website may not be copied, distributed or used or reproduced in any other form without the prior consent of the rights holder. This also applies to copying by "robot/crawler" search engine technology or other automatic mechanisms.
3. What is our liability?
3.1. Liability for damage resulting from legal defects and a lack of warranty is unlimited.
3.2. Otherwise, we are only liable without limitation for damage caused intentionally or through gross negligence, also in favor of our legal representatives, executive employees and vicarious agents.
3.3. Liability for damage caused by negligence shall only be accepted if an obligation is breached, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). Liability is limited to double the contract value and only amounts to the damage typically foreseeable within the framework of the contract.
3.4. Liability for injury to life, limb or health and liability under the Product Liability Act remain unaffected.
4. What is the place of jurisdiction for this contract and which law applies?
4.1. If you do not have your place of residence or habitual abode in Austria, the substantive law of Austria shall apply to these General Terms and Conditions, excluding the UN Sales Convention.
4.2. If you are a merchant within the meaning of the HGB, a special fund under public law or a legal entity under public law, the exclusive place of jurisdiction for all disputes in connection with these General Terms and Conditions and for all individual contracts concluded on their basis is Vienna.
5. What happens to my personal data?
6. For what term do the GTC apply?
The general terms and conditions apply for the entire duration of the contractual relationship between you and GVIR ART. They also apply to all future transactions and other business matters, without the need for renewed confirmation in individual cases, until they are changed or the contractual relationship is terminated by deleting the user's data.
7. How can we change the Terms and Conditions?
We reserve the right to change the general terms and conditions at any time without further explanation. In this case, we will expressly refer you to the changed terms and conditions on our website. Your consent is required before changes take effect.