STAMMBAUM ATELIER's deliveries, services and offers are provided exclusively on the basis of these General Terms and Conditions of Business (in short: GTC); STAMMBAUM ATELIER does not recognize any terms and conditions of the Customer that comes into conflict with or deviate from our GTC, unless STAMMBAUM ATELIER has explicitely agreed to its applicability. Any contractual agreement by STAMMBAUM ATELIER shall not recognised if deviates from the company's General Terms and Conditions.
2. Binding Contract, prices and changes
Based on the information provided, STAMMBAUM ATELIER shall prepare a cost estimate including a preliminary concept for implementation. By confirmation of the agreed estimate by the customer, the contract is valid. The prices are calculated individually and are bindingly fixed in the cost estimate.
After receiving an order confirmation (acceptance of the offer), a proof version of the work printed in black and white will be sent to the customer for proofing. No changes will be possible after approval of proof is made.
The delivery dates and deadlines are non-binding, unless explicitly agreed otherwise. All delivery will be be delivered on time and properly unless specified. Delivery dates and delivery periods will be agreed as indicative (for example, "in about 2 months").
Stammbaum Atelier will inform the Buyer verbally or in writing ( via e-mail) about the expected production time before production begins. The delivery period begin with the conclusion of the contract.
The Buyer is responsible to transfer payment within 14 days upon receiving the receipt and final contract. Seller's information and bank details is printed on invoice.
4. Transfer of rights and obligations of Buyer
The transfer of rights and obligations of the buyer to pay falls under the final contract written by Stammbaum Atelier.
5. Terms of payment and interest for late payment
Upon acceptance of our offer, we kindly request a downpayment of 30% of the invoice. The rest payment is due upon delivery or when we send reminder invoice; the same applies to any special request charges.
6. Late Payment or Debt collector charges
In the event of default payment, the Customer will be liable to reimburse STAMMBAUM ATELIER for any late and/or debt collector expenses incurred by STAMMBAUM ATELIER, as well as when necessary charges for the purpose of appropriate legal action. In the case of business transactions, this shall in any case include a lump sum of EUR 40 as compensation for collection costs in accordance with § 458 of the Austrian Commercial Code (UGB). The assertion of further rights and claims shall remain unaffected.
7. Acceptance by default
If a Customer could not accept the paintings as agreed (default of acceptance), STAMMBAUM ATELIER is entitled, after granting a grace period to either store the artwork on its premises, in which STAMMBAUM ATELIER may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or store it at the expense and risk of the Customer with an authorized professional trademan.
8. Changes made per request
If it is not a consumer good transaction, minor or other changes to the performance or delivery obligation that are reasonable for the customer shall be approved in advance. This applies in particularly to changes by the nature of the purchased item (e.g. in dimensions, colors, wood and veneer appearance, grain and structure, etc.).
The object of purchase is handmade and is therefore one of its kind. Color and design may possibly vary from a selected template, from pictures, description and information in the exhibition, in brochures or on the Internet and do not represent a flaw.
Any claims of damage is excluded in cases of slight negligence. This does not apply to personal injury or - in the case of consumer transactions - to damage to items accepted for processing. The existence of slight or gross negligence has to be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in the General Terms and Conditions or otherwise agreed shall also apply if claim of damage is asserted in addition to or instead of a warranty claim.
11. Reserve the right to ownership
All goods are property of STAMMBAUM ATELIER until payment is made in full. In the event where goods are taken back, STAMMBAUM ATELIER shall be entitled to charge any transport and handling costs incurred. In the event of seizure of the goods subject to retention of title by third parties - in particular by way of attachment - the Customer responsible to inform to STAMMBAUM ATELIER's right ownership and to notify STAMMBAUM ATELIER without undue delay. If the Customer is a consumer or not a geneology entrepreneur whose ordinary course of business includes trading in the goods purchased from STAMMBAUM ATELIER, the Customer may not dispose goods subject to retention of title, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been fully settled. The Customer shall bear the full risk of the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
12. STAMMBAUM ATELIER's right of withdrawal/unauthorized withdrawal of the Customer.
In any event of default of acceptance or other reasons, such as default of payment by the Customer, STAMMBAUM ATELIER shall be entitled to withdraw from the contract, as long as it has not yet been fully performed by both parties. In the event of withdrawal, STAMMBAUM ATELIER shall have the option, if the Customer is at fault, to claim liquidated damages of 15% of the gross invoice amount or to claim compensation for the actual damage incurred.
If the Customer is in default of payment, STAMMBAUM ATELIER will be released from any further obligations to perform and deliver and is entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after granting a reasonable grace period.
13. Data protection, change of address and copyright
The Customer gives its full consent that the personal data contained in the purchase contract may be stored and processed by STAMMBAUM ATELIER with the aid of automated systems in the performance of this contract.
The Customer is obliged to notify STAMMBAUM ATELIER of any changes to its residential or business address as long as the contractual legal transaction agreement has not been fully met by both parties. If changes has not been informed, any notifications shall be deemed as received even if they are sent to the address last given.
Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like shall always remain the property of STAMMBAUM ATELIER; the Customer shall not be granted any rights of use or exploitation whatsoever, in particular for any printing or reprinting.
14. Rights to retain
If the transaction is not a consumer transaction, the customer shall not be entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, in the event of a justified complaint - except in cases of withdrawal from contract.
15. Place of performance, contractual language, choice of law, place of jurisdiction
The place of business is the registered office of STAMMBAUM ATELIER.
The contractual language is German.
The contracting parties agree on Austrian domestic jurisdiction. If the transaction is not a consumer transaction, the court having subject-matter jurisdiction at the registered office of STAMMBAUM ATELIER shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
This Agreement shall be governed by Austrian substantive law, excluding international privacy law and the UN Convention on International Sale of Goods contracts. With respect to the consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer resides or is a permanent resident.
16. Partial invalidity
Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of its duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties is responsible to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
17. Final provisions
All declarations of a legally binding nature based on this contract shall be made in writing to the address of the respective contracting party last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contractual partner.
The designation of the headings chosen for the individual chapters is solely for the sake of clarity and is therefore not to be used for the interpretation of this contract.
The assignment of individual rights and obligations arising from these General Term and Conditions shall only be permitted with a written consent of the other contracting party.