TERMS AND CONDITIONS OF SALE
1. Purpose and duty of information
For the commercial relationship between the owner of “adrianafranza.com”: Dott.ssa Adriana Franza and the customer, the following general conditions apply exclusively in the version in force at the time of the order. You can contact us for information or complaints by email at: firstname.lastname@example.org or at: email@example.com
2. Conclusion of the contract
A contract is provided with the written order confirmation. Emails are equivalent to written contracts.
A payment obligation is associated with each order. In the case of creating a customized object for the customer, for example custom-made lamps or hand-painted fabrics, it should be noted that the sketch or photo for reference at the time of the offer and the finished object may have minimal deviations.
3. Right of Withdrawal
You have the right to withdraw from a concluded contract within 14 days without giving a reason. The withdrawal period begins on the day on which you or a third party designated by you who is not acting as a carrier has taken possession of the goods.
The goods must be returned in the original condition. In the event of damage being ascertained, an appropriate compensation must be deducted from the reimbursement of the purchase price.
To exercise his right of withdrawal, the customer must inform us of his decision to withdraw from this contract by means of a declaration by e-mail or letter sent by post.
Dott.ssa Adriana Franza
Heiligenstädter Straße 5/10
Exceptions to the right of withdrawal
The customer has no right of withdrawal from contracts concluded for goods made to customer specifications or clearly customized.
For the refund, we use the same means of payment that the customer used in the original transaction, unless something else has been expressly agreed with the customer. We will only make the refund after receipt and inspection of the returned goods.
The customer bears the direct cost and responsibility of returning the goods.
4. Prices and terms of payment
All gross prices quoted by us are also net prices. As a „Kleinunternehmen” (according to Austrian law) within the meaning of Section § 6 Abs 1 Z 27 Umsatzsteuergesetz – UStG, no sales tax will be charged. Additional costs of delivery and shipping of the goods are specified separately in the respective description of each product.
The realization of an object or a painting on request will be carried out only against a deposit. The amount of the deposit is equal to 50% of the final price and the customer will be informed in advance.
In case of cancellation of the order, the deposit will be returned to the customer.
For online orders you can use the credit card and instant transfer payment methods. The goods will be shipped as soon as we have received the payment.
For the customer, several payment options are available, specified in the online shop:
If you select the payment method “credit card“, the payment will be processed by the payment service provider card complete Service Bank AG, Lassallestraße 3, 1020 Vienna, according to the relevant terms and conditions, which can be viewed at https: // www .cardcomplete.com / ueber-card-complete / agb / and Wirecard Central Eastern Europe GmbH, Primoschgasse 3, 9020 Klagenfurt, Austria, the latter can be found at https://www.wirecard.at/agb/ under the terms of their general terms and conditions.
If you select the payment method “Sofortüberweisung“, the payment will be processed by the payment service provider SOFORT AG, Fußbergstraße 1, 82131 Gauting, Germany.
5. Terms of delivery and shipment
In the case of a painting or an object of art immediately available in our e-commerce, the package will be ready for shipment within 1 working day from receipt of the order.
In the case of a customized article or a new production on request, the time required will be communicated by us to the customer with specific written notice.
Delivery takes place with the Austrian Post.
Deliveries abroad may involve customs duties, taxes and commissions which are not included in the total price displayed and which will be communicated by us to the customer with a written notice.
If the customer acts as a consumer, he is requested to file a complaint with the courier for the goods delivered with obvious transport damage and to inform the seller.
6. Retention of title
With regard to consumers, the seller reserves the ownership of the delivered goods until full payment of the purchase price due. In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully resolved.
We guarantee that our products are free from manufacturing and material defects. The warranty period is 2 years and starts from the delivery of the object or painting.
Defective products will be repaired within a reasonable period of time. Products that cannot be repaired will be collected and refunded.
The seller is liable to the customer for all contracts, quasi-contractual and statutory, including non-contractual claims for damages and reimbursement of expenses, as follows:
The seller is fully responsible for any legal reason
• in the event of willful misconduct or gross negligence,
• in the event of negligent or intentional injury to life, limb or health,
• due to a guarantee promise, unless otherwise agreed in this regard,
• due to mandatory liability such as under the Product Liability Act.
If the seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical of the contract, unless the liability is unlimited under Section 8.1. Essential contractual obligations are the obligations that the contract imposes on the seller based on its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on which the customer can regularly rely.
For the rest, the seller’s liability is excluded.
The aforementioned liability rules also apply with regard to the seller’s liability towards his auxiliaries and legal representatives.
Before shipping, the goods are carefully checked for their condition and any damage or defects and securely packaged for shipping. If you receive a damaged shipment, we ask that you immediately report the damage in writing the courier (post office, delivery company). Otherwise we cannot assert any claims against the carrier.
For technical and material reasons, deviations in color, brightness, contrast, texture, between the final object and what is observed on the monitor are unavoidable.
9. Applicable law / jurisdiction
The place of jurisdiction and place of performance is the seller’s registered office. The law of the Republic of Austria applies. The contract language is basically German. At the customer’s request, contracts can also be stipulated in Italian and English.
10. Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform acts as a contact point for the out-of-court resolution of disputes arising from purchase contracts or online services in which a consumer is involved. The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
Vienna, July 18, 2022
Dott.ssa Adriana Franza
Heiligenstädter Straße 5/10