General Terms and Conditions
1. Scope
1.1 These General Terms and Conditions apply to all contracts, deliveries, and services between AlteKunst Wien (hereinafter the “Seller”) and its customers.
1.2 Customers may be consumers within the meaning of the Austrian Consumer Protection Act (KSchG) or entrepreneurs within the meaning of the Austrian Commercial Code (UGB).
1.3 Deviating terms of the customer are only recognised if their validity has been expressly agreed to in writing.
2. Offer and Conclusion of Contract
2.1 The presentation of artworks on the website does not constitute a legally binding offer but a non-binding invitation to submit an offer.
2.2 Customer inquiries, in particular for works marked “Price on request”, are non-binding.
2.3 A purchase contract is only concluded upon the Seller’s express written confirmation.
2.4 The Seller reserves the right to decline inquiries without stating reasons.
3. Prices
3.1 All prices are stated in euros (EUR).
3.2 Unless expressly stated otherwise, prices include statutory value-added tax.
3.3 Shipping, packaging, insurance, and other ancillary costs are stated separately or agreed individually.
3.4 Errors, misprints, and obvious pricing mistakes remain reserved.
4. Payment
4.1 Payment is made using the payment methods offered in each case.
4.2 Unless otherwise agreed, the purchase price must be paid in full before delivery.
4.3 In the event of default in payment, the statutory default provisions of Austrian law apply.
5. Retention of Title
5.1 The goods remain the property of the Seller until full payment of all claims.
5.2 Before the transfer of ownership, pledging, transfer by way of security, or any other disposal of the goods is not permitted.
6. Delivery and Shipping
6.1 Deliveries are made to the delivery address specified by the customer.
6.2 Delivery periods are generally non-binding unless expressly agreed as binding.
6.3 Packaging, shipping method, and transport insurance are arranged as agreed or at the Seller’s discretion.
6.4 For consumers, the risk of accidental loss or deterioration passes upon handover of the goods to the customer.
6.5 For entrepreneurs, the risk passes upon handover of the goods to the carrier.
7. Condition and Description of Artworks
7.1 Artworks, antiques, and collectibles may show age-related signs of wear, restorations, or material changes.
7.2 Descriptions, photographs, dimensions, and other details are provided to the best of our knowledge but do not constitute guaranteed characteristics.
7.3 Minor colour deviations due to technical display do not constitute a defect.
8. Right of Withdrawal for Consumers
8.1 In the case of distance contracts, consumers generally have a statutory right of withdrawal of 14 days.
8.2 The withdrawal period begins on the day on which the consumer or a third party designated by the consumer receives the goods.
8.3 To exercise the right of withdrawal, an unambiguous declaration to the contact address stated in the legal notice is sufficient. Further details are set out in the withdrawal notice on this website.
8.4 In the event of an effective withdrawal, the services received must be returned by both parties.
8.5 The direct costs of returning the goods are borne by the consumer, where legally permissible.
8.6 The right of withdrawal may be excluded in the exceptional cases provided for by law, in particular for individually made or clearly personalised artworks.
9. Warranty
9.1 The statutory warranty provisions of Austrian law apply.
9.2 For pre-owned artworks, antiques, and collectibles, characteristics related to age and use that are inherent in the nature of the item or were recognisable before the conclusion of the contract are not considered defects.
10. Liability
10.1 The statutory liability provisions of Austrian law apply.
10.2 Liability for damages arising from injury to life, body, or health, as well as for damages caused intentionally or by gross negligence, remains unlimited.
11. Data Protection
11.1 Personal data is processed in accordance with the applicable data protection provisions.
11.2 Information on the processing of personal data can be found in the separate privacy policy on the website.
11.3 When using third-party login services, in particular Google OAuth, the privacy provisions of the respective provider additionally apply.
12. Copyright
12.1 All content on the website, in particular texts, photographs, product images, and catalogue descriptions, is protected by copyright.
12.2 Any use, reproduction, or publication without the express consent of the rights holder is not permitted.
13. Final Provisions
13.1 Should individual provisions of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions remains unaffected.
13.2 Amendments and supplements must be made in writing, to the extent legally permissible.
13.3 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their state of habitual residence.
Contact
AlteKunst Wien
Leon Wilnitsky – Art Dealer
Spiegelgasse 21, 1010 Vienna, Austria
leon.wilnitsky@aon.at
+43 664 260 5164
UID: ATU 443 896 02