Terms and Conditions – General Terms of Business for the Online Shop

Company name: Atelier Galerie

Address Hofgartensiedlung 29, A-3484 Grafenwörth AUSTRIA

Phone number

Janus: +43 699 1178 7620

Danuta: +46 699 1169 4528

E-Mail-Address: art@art-galerie.com

Owner: Mag. Janusz Strzalkowski

UID (Tax number): ATU18602206

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Applicable Law

  9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions ("GTC") of Janusz Strzalkowski, trading as "Atelier Galerie" ("Seller"), apply to all contracts concluded between a consumer or entrepreneur ("Customer") and the Seller with regard to the goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services in the shopping cart by clicking the button concluding the order process. The Customer may also submit the offer by email, postal mail or by phone.

2.3 The Seller may accept the Customer's offer within five days by:

  • sending a written order confirmation or an order confirmation in text form (fax or email), where receipt by the Customer is decisive; or

  • delivering the ordered goods, where receipt of the goods by the Customer is decisive; or

  • requesting payment from the Customer after their order.

If multiple of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins the day after the Customer sends the offer and ends upon expiration of the fifth day following the offer. If the Seller does not accept the Customer's offer within that period, the offer is deemed rejected.

2.4 If a payment method offered by PayPal is selected, the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer uses a PayPal payment method during checkout, the Seller already declares acceptance of the offer at the moment the Customer clicks the order completion button.

2.5 When placing an order via the Seller's online form, the contract text is stored by the Seller and sent to the Customer after submission of their order along with these GTC in text form (e.g., email, fax or letter). The contract text is not accessible to the Customer via the Seller's website after submission.

2.6 Before placing a binding order via the Seller's online form, the Customer can identify potential input errors by carefully reviewing the on-screen information. A technical tool to help detect input errors is the browser’s zoom function. During the ordering process, inputs can be corrected using standard keyboard and mouse functions until the Customer clicks the order completion button.

2.7 The language available for contract conclusion is German.

2.8 Order processing and contact usually occur via email and automated ordering systems. The Customer must ensure that the provided email address is accurate and that emails sent by the Seller can be received. In particular, spam filters must be configured to allow all emails from the Seller or authorized third parties.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not nationals of an EU member state and whose sole place of residence and delivery address is outside the EU.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description, all prices are total prices including statutory VAT. Additional delivery and shipping charges, if applicable, are specified in the product description.

4.2 For deliveries to non-EU countries, additional costs may arise, such as bank transfer fees or import duties, which are borne by the Customer. This may apply even if the payment is made from a non-EU country but delivery occurs within the EU.

4.3 Various payment options are available and displayed at the beginning of the checkout process.

4.4 If advance payment is agreed, payment is due immediately after contract conclusion.

4.5 For "SOFORT" payments, the transaction is processed by SOFORT GmbH, Theresienhöhe 12, 80339 Munich. The Customer must hold an online banking account activated for "SOFORT" and authorize the transaction. The Customer's bank account is charged immediately. For more info, visit https://www.klarna.com/sofort/.

4.6 If a PayPal payment method is selected that involves advance credit (e.g. invoice or installment), the Seller assigns their payment claim to PayPal or a third-party payment service provider. PayPal or its partner may perform a credit check before accepting the claim. If rejected, the selected payment method may be denied. Payment is then to be made only to PayPal or its designated provider. However, the Seller remains responsible for product inquiries, delivery, returns, complaints, and cancellations.

4.7 For credit card payments via Stripe, the amount is due immediately upon contract conclusion. The payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Dublin, Ireland. Stripe may perform a credit check and deny payment if results are negative.

5) Delivery and Shipping Conditions

5.1 Goods are delivered to the address specified by the Customer unless otherwise agreed. For PayPal payments, the delivery address stored with PayPal is decisive.

5.2 If delivery fails due to Customer fault and goods are returned to the Seller, the Customer bears the cost. This does not apply if the delivery failure was beyond the Customer’s control or if advance notice of delivery was not given. If the Customer exercises their right of withdrawal, return shipping is handled as per the withdrawal policy.

5.3 In case of self-collection, the Seller notifies the Customer by email when the goods are ready. No shipping costs apply.

6) Retention of Title

If the Seller provides goods in advance, they retain ownership until full payment is received, including all associated costs.

7) Liability for Defects (Warranty)

Unless otherwise stated below, statutory warranty rights apply. For goods contracts:

7.1 If the Customer is an entrepreneur:

  • The Seller chooses the type of remedy;

  • For new goods, the warranty period is one year from delivery;

  • No warranty for used goods;

  • Warranty period does not restart with a replacement delivery.

7.2 The above limitations do not apply:

  • To claims for damages or expense reimbursement;

  • If the Seller fraudulently concealed a defect;

  • For goods used in buildings that caused defectiveness;

  • Where update obligations apply for digital products.

7.3 Legal recourse periods for entrepreneurs remain unaffected.

7.4 If both parties are entrepreneurs per § 343(2) AT-UGB, the Customer must inspect and report defects as per § 377 AT-UGB. Failing this, goods are considered accepted.

7.5 Consumers should report visible transport damage to the carrier and notify the Seller, though this does not affect legal rights.

8) Applicable Law

8.1 Austrian law applies, excluding UN Sales Law. For consumers, this applies only if it does not remove mandatory protections of their residence state's law.

8.2 This does not apply to consumers residing outside the EU with a non-EU delivery address at the time of contract conclusion.

9) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in dispute resolution before a consumer arbitration board.