General
THISISKUNST, is a brand officially registered in the Austrian business register under the company number FN 473202k and company name ARTRIUM KG. It is based at Seilerstätte 3C, 1010 in Vienna, Austria. It runs the website www.thisiskunst.com and other websites of THISISKUNST (collectively referred to as "Website”) that provides regularly services in accordance with the following terms and conditions. These Terms of Use constitute a binding agreement between THISISKUNST and the customer/the purchaser/the user. THISISKUNST operates at www.thisiskunst.com an online shop that sells new and used goods, art and antiques. The items on offer are commissioned by commercial and private collectors, who are sold by THISISKUNST as a seller in their own name and for the account of the owner. THISISKUNST acts as an intermediary between the seller and the buyer. The subject GTC can be downloaded and saved via PDF. By using and /or visiting the Website, the user also agrees to the privacy policy. By registering on the THISISKUNST website, the user will accept all terms and conditions and privacy policy. The user is only entitled to use the Website if he/she agrees to abide by all applicable laws and terms and conditions of THISISKUNST.
Website Access
In order to access functions of the website, the user must create an account. When creating this user account, you must provide accurate and complete information. The user alone is responsible for all activities carried out on his/her account. By registering on the Site, the user declares that he/she is of age to sign a binding contract and is not a person who is barred from using the Site by law. He/ she agrees to provide truthful, accurate, current and complete information about himself/herself in all required fields of the registration form. The password of the user account can be changed at any time. If the data of the user changes, he/she agrees to promptly update the information given at registration. If THISISKUNST suspects that the user's registration data is incomplete, incorrect, or violates the Terms of Use, THISISKUNST reserves the right to terminate or suspend the relevant account. Likewise, the user agrees not to use a digital, technical or automated system when using the THISISKUNST website. The User agrees not to collect or use personally identifiable information such as account names, email addresses or other user input from the Website.
The Website
The Website may contain links to third party websites that are not operated by THISISKUNST. By using www.thisiskunst.com, the user expressly indemnifies THISISKUNST from any liability arising from his/her use of third party websites.
Newsletter
By agreeing to the terms and conditions, the user agrees to receive newsletters with offers and promotions from THISISKUNST. Cancellation of the newsletter is possible at any time.
Buy at THISISKUNST
For orders placed by the user via THISISKUNST or contracts that he/she concludes with THISISKUNST, the terms and conditions apply. By placing an order with THISISKUNST, the user accepts the terms and conditions as legally binding, which apply without exception to the right of withdrawal, whether the customer is a consumer or an entrepreneur. It should be noted that there may be color deviations in the representation of the digital images depending on the screen setting of the user. All works of art and objects, their condition and attribution, are checked according to the best possible criteria. The texts in the THISISKUNST in terms of description, evaluation, determination and condition are determined with the necessary care and conscientiousness by means of own or contracted experts. If incorrect information, errors or intentional misinformation about the condition, authenticity, origin, etc. of an object on the part of the seller are listed in the offer, the seller is barred by THISISKUNST. THISISKUNST, however, makes no warranty for the accuracy of the information. In the case of works of art, in particular pictures, objects and antique objects, only those defects and damages are mentioned which significantly affect the artistic value. Traces of use are not mentioned, if it is not a newly produced art object. The absence of such an indication does not imply that an item is in perfect condition. The above exclusion of liability for material defects in favor of THISISKUNST does not apply in cases where the item demonstrably proves to be a counterfeit. The proof of the fake is up to the buyer. If such a warranty occurs, the purchase can be reversed within six months. Conversion is excluded if the item is not returned in the same condition in which it was when shipped by THISISKUNST.
We act as an agent on behalf of our artists. When you submit an order to purchase artwork, you are making an offer to purchase artwork from that artist subject to these Terms. A legally binding contract is formed between you and the artist (once we have sent you email confirmation accepting your order (as an agent for the seller/artist). We make no representations or give any undertaking, that the artwork you purchase from our artists through our Site will be as described in the listing contained on our website, of satisfactory quality, or fit for purpose. This does not affect your statutory rights against the artist. We do not accept any responsibility whatsoever for any listing (including the product descriptions or any visual representations) contained on the artwork. This is the responsibility of the artist.
Commission
THISISKUNST reserves 30% of the sales proceeds for every object sold. The net sales of 70%, plus the sales fee paid, will be transferred to the user within 21 working days.
Shipping
The seller/artist is responsible for the dispatch and packaging of a customer’s order. The seller/artist shall send the order directly to the customer. Delivery methods, costs, and estimated time for delivery shall vary according to the delivery methods offered by each individual artist. The seller/artist will endeavour to dispatch artwork within seven working days of confirmation of the order. The seller/artist is obliged to send the work insured and in a suitable and secure shipping condition. THISISKUNST is not liable for any loss, delay or damage to the artwork sent by the seller/artist to the customer.
Order and Delivery
Orders and deliveries are made worldwide. THISISKUNST reserves the right, however, to exclude buyers from those countries in which objects of any kind, may not be exported. The presentation of the products at THISISKUNST does not constitute a legally binding offer, but rather a non-binding online catalog, subject to availability. It should be noted that the goods offered by THISISKUNST can no longer be available at the time of viewing the website.
By placing an order, the user makes a binding purchase via the goods contained in the shopping cart. Immediately after submitting the order, the user will receive an automatically generated confirmation, subject to availability. If the user has ordered and has already paid for goods that were no longer available at the time of the order, the invoice amount will be refunded within 14 days, without any deduction. The dispatch of the ordered commodity takes place after receipt of the payment. THISISKUNST strives to send the ordered goods to the user as quickly as possible. Unless otherwise stated, the normal delivery time within the European Union is 5-10 working days, but not longer than 30 days from the conclusion of the contract.
Prices and Currencies
All quoted prices, which are not marked with the symbol *), are the sales prices including all taxes, exclusive delivery charges or extra orders such as frames, passe-partouts, glass etc. For the goods marked with the symbol *), the statutory value added tax is stated separately. All prices are quoted in Euros and are carefully checked at THISISKUNST, subject to possible errors. Should a product be priced incorrectly and the actual price be higher than the declared one, THISISKUNST will notify the buyer to clarify whether the order remains at the corrected price or the buyer wishes to cancel the order. If the actual price of the order is less than the price shown, the lower amount will be charged. Discounts or promotions are offered subject to availability and may be changed or discontinued at any time by THISISKUNST.
Payments
THISISKUNST is based in Austria and accepts payments in Euros. You can choose between the following payment methods at THISISKUNST: American Express, MasterCard, Visa, Maestro, Klarna, SOFORT bank transfer, Paypal, ApplePay, GooglePay
Shipping and Shipping Cost
Orders are only insured and sent by parcel service or forwarding with shipping partners. The shipping costs specified when ordering include transport, packaging and insurance. The shipping costs that THISISKUNST invoices when purchasing can be viewed in advance after registering / logging in to the transport cost calculator. For goods orders with large dimensions or heavy weight, the delivery is handled by a qualified shipping company. The buyer will be informed of the resulting costs in the course of his/her order.
Ownership
The goods will be delivered only after full payment to the buyer. Until full payment, the goods remain the property of the client or of THISISKUNST.
Return Policy
Consumers have the right to revoke a valid contract within 14 days without giving reasons. The cancellation period begins on the day on which the buyer or a third party commissioned by the latter has taken possession of the goods by the transport company/delivery agent. In order to make use of the right of withdrawal, the buyer is obliged to contact
THISISKUNST (ARTRIUM KG)
Seilerstätte 3C
1010 Vienna
Austria
Mail: hello (at) thisiskunst.com
by e-mail or registered mail to inform THISISKUNST of the decision to cancel the contract. This application for withdrawal must be expressly designated as such and must include the invoice number, article number and artist name / title of the purchased work. The goods must be returned in the condition in which they were delivered by THISISKUNST for shipping, unused and in their original packaging, within 14 days of receipt. All frames ordered by the buyer, passe-partouts, glass, montages, etc. are custom made and non-refundable. THISISKUNST can not be held liable for damage to goods that have arisen after receipt of the delivery and can not accept returns of goods that have been damaged after shipment. The sending of a damage report including photo documentation to THISISKUNST is obligatory. Returns will be processed by THISISKUNST within 30 days of receipt. The return can be done by post or by the assigned forwarder, including insurance coverage. Returns include all risks such as damage, loss or theft of the sender/buyer.
Warranty
In the case of material and legal defects of delivered new goods, THISISKUNST shall be liable in accordance with the relevant statutory provisions of the General Civil Code (ABGB).
If the customer/buyer is a consumer, the warranty rights for used goods deviate from the general, two-year warranty period within one year.
If the customer/buyer is not a consumer, the warranty period deviates from the general warranty period and is one year for new goods, for used goods half a year, in each case from the time of the transfer of risk.
Place of Purchase for Sales with Trades and Entrepreneurs
For contracts with entrepreneurs and commercial customers, the place of performance is the registered office of THISISKUNST (ARTRIUM KG).
Image and Brand Rights
All image, copyright and trademark rights for the website's own content (such as graphics, sounds, texts, databases, moving images, etc.) are owned by THISISKUNST KG or our business partners. Reproduction and distribution of this content and / or use of trademarks and other content without the express consent of THISISKUNST is not permitted.
Fees Overview
In general the selling price of all items in the online shop is the final price including all taxes. THISISKUNST calculates the transport costs including insurance, which are visible to the buyer based on the total price. Special formats or extreme weight will be calculated separately and communicated to the buyer.
Unless otherwise agreed, payments are due within 10 days of purchase. The invoice shows the payment methods.
Late payments will incur a fee of 9% per annum.
Data Protection
THISISKUNST uses the data of the user for the fulfillment of the contract and strictly according to the legal regulations. As part of the ordering process, the following data is stored:
First name, last name, e-mail address, street, postal code, city, phone number and date of birth.
The e-mail address is required to process the order. The telephone number is required to contact the customer/buyer in case of queries and information about the order, as well as in case of withdrawal by the customer/buyer, possibly also through the THISISKUNST-appointed parcel courier or forwarder. The date of birth is needed to determine the age of the customer / buyer.
Detailed information can be found under Privacy.
