General Terms and Conditions of Business
Scope of application
The General Terms and Conditions apply to all purchase contracts, commissioned artworks, deliveries and other services between Mag. Lisa Farkas (hereinafter referred to as "I" or "Seller") and the consumer or entrepreneur (hereinafter referred to as "you" or "Customer"). By connecting to this website and/or making purchases within this website, you accept these General Terms and Conditions (GTC).
Deviating terms and conditions, amendments or additions to this contract are only valid if confirmed in writing by the seller.
For the purposes of these Terms and Conditions, a consumer is any natural person who is acting for purposes which are wholly or mainly outside his or her trade, business or profession.
An entrepreneur within the meaning of these terms and conditions is any person who acts for purposes that are related to his or her commercial, business, craft or professional activity, regardless of whether he or she acts personally or through another person acting in the name of or on behalf of the entrepreneur.
Order & Conclusion of Contract
The product descriptions on www.lisafarkas.com do not constitute binding offers by the seller, but merely serve to enable the customer to make a binding offer.
An order or a contract is only concluded after the customer has completed the order process and the seller has sent a confirmation message. The customer can also place his order by e-mail, fax, telephone or post.
The customer is obliged to carefully fill in all fields of the form, including his shipping information. The Seller shall not be liable for any failure to deliver due to any inaccuracy or error in the shipping address.
Orders and contracts are only valid with persons of legal age.
Prices & Shipping
The sales prices on the website, cost estimates, invoices and other information are stated in EURO. The seller is a small entrepreneur according to § 6 para. 1 Z 27 UStG and therefore exempt from VAT.
Additional costs may apply for shipping to countries outside the European Union. The customer is responsible for all taxes, fees and other costs incurred when importing the goods. Foreign bank charges incurred in the transaction shall also be borne by the customer.
These taxes, fees and other charges incurred on importation of the goods will NOT be refunded if the goods are returned.
I reserve the right to use digitally recorded images of purchased artwork for any purpose of my choosing, including but not limited to the purposes of advertising and creating reproductions based on such images for financial gain.
Shipment will be made a shipping service provider, which will be gladly disclosed to the buyer upon request prior to shipment. The risk of damage shall pass to the shipper upon delivery of the goods and then to the customer after the customer has taken delivery of the goods from the shipper. If the customer receives goods that have been visibly damaged in transit, he may exercise his right of return.
The seller does not ship to post office boxes.
In the event of non-availability or only partial availability of the goods, the seller will inform the customer immediately and any payments made by the customer will be refunded without delay.
The seller is not responsible
- for lost, stolen or damaged consignments in relation to the shipping carrier,
- for any customs delays,
- for lost, stolen or damaged shipments in relation to customs delays and clearance.
Customers are responsible for:
- the payment of any additional charges for applicable customs clearance fees,
- the payment of handling charges for re-shipping the order, if necessary,
- making claims against the shipping company, if necessary.
Payment
Payment can be made via the payment methods specified by the seller. All possible payment methods will be announced in the payment process. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
Colours
Although every effort is made to ensure that the digital images shown on the website are an accurate representation of the original paintings, there may be slight differences in colour due to lighting conditions at the time of photography and also due to the settings of the screen on which the photograph is displayed.
Right of withdrawal
The customer has the right to withdraw within 14 working days after receipt of the goods. This right of withdrawal only applies to consumers within the meaning of the Consumer Protection Act and does not apply to entrepreneurs. The goods returned in this way must be complete, unused, in the condition in which they were on receipt and in the original packaging. If the customer is responsible for a reduction in the value of the goods, he shall bear the costs of compensation.
The customer shall bear the costs of returning the goods.
To comply with the right of withdrawal, it is sufficient to send the written cancellation by post (see address below) or e-mail (info@lisafarkas.com) and return the goods to the seller in good time. The seller will be happy to help the customer with any questions regarding the return shipment.
The return shipment must be sent to the following postal address:
Farkas Fine Art
Mag. Lisa Farkas
Hauptstraße 9
3435 Zwentendorf
Austria
A copy of the invoice must be enclosed with the parcel. The items must be sent insured for the value of the goods as a parcel with a track & trace number. A return without a tracking number is not possible. Parcels from outside the EU countries must be clearly marked "RETURNED GOODS" to avoid possible customs duties. The seller is not responsible for any customs fees regarding the returned package. All fees and charges incurred are the responsibility of the customer.
The Seller will issue a refund to the Customer within 14 working days of receipt of the undamaged goods if the above conditions are met.
Products specially made for the customer (commissioned artworks) cannot be returned.
Retention of Title
The delivered goods remain the property of the seller until full payment has been made by the customer.
Warranty
If an incomplete or defective product is shipped, the shipping costs shall be borne by the seller. The customer is entitled to a replacement of the incomplete or defective product or to another product of equal value. A cash refund will only be made in the event of incorrect dispatch by the seller and if the product cannot be replaced by another item of equal value.
Liability
Towards entrepreneurs, the seller is liable for intent and gross negligence, but not for slight negligence. Towards the buyer, the seller is not even liable for slight negligence as long as no personal injury is involved. Any liability, except for liability for intent, is limited to the purchase price. The fact is that the seller is a dealer. The Seller warrants that the Products will conform to the specification of the order placed by the Buyer. No liability is accepted for minor deviations in colour, shape, size, design or packaging.
Im Übrigen gelten die gesetzlichen Bestimmungen. Der Verkäufer haftet nicht für Schäden an den Produkten die während des Versands entstehen und insbesondere nicht für entgangenen Gewinn des Käufers.
Applicable law
All contracts and agreements between the customer and the seller shall be governed by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Place of performance is Vienna/Austria.
Severability clause
Should individual provisions of these Terms and Conditions of Sale be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid clause, the clause corresponding to it under Austrian law shall take effect.