§ 1 — General · Validity

1. The following General Terms of Business are valid for all business relations between Kmentemt GnbR (History of Creation - HoC) and the Customer.

2. Consumers are persons defined as such by the Austrian Consumer Protection Act: natural persons who are not entrepreneurs.

3. Entrepreneurs are natural persons or entities or partnerships with legal capacity, for whom the Contract belongs to their company operations.

4. Customers may be consumers and also entrepreneurs.

§ 2 — Transactions

1. HoC membership may be acquired free of charge through the website. Membership entitles the member to make binding contractual offers and to participate in drawings. Membership is open only to persons 18 years of age or older.

2. From among those legally admitted members who have submitted a contractual offer for a particular day, one member shall be drawn. The member drawn shall be entitled to purchase the HoC art print of the day.

3. The price plus VAT (10%) for the HoC art print of the day can be seen from the valid price list, which includes the costs for delivery.

§ 3 — Conclusion of Contract

1. Our offers are subject to change without notice and non-binding. Kmentemt Künstler GnbR reserves the right to make reasonable technical or other changes.

2. Provided the conditions are fulfilled, the Customer shall receive confirmation of acceptance as a member and access to his member area.

3. Acceptance as a member shall entitle the Customer to submit binding contractual offers and to participate in drawings for HoC art prints.

4. Following the drawing held each day at 6:00 pm CET, an offer shall be made to the member drawn to acquire the HoC art print of the day at the day's special price. This offer shall be valid for 12 hours.

5. Contractual acceptance with regard to acquiring the HoC art print shall be effected by online consent and online payment of the purchase price in full.

6. The goods shall be sent only after the invoiced amount has been received in full.

§ 4 — Right of Withdrawal

1. The right of withdrawal granted to the Consumer pursuant to Section 5 e of the Austrian Consumer Protection Act shall be in conformity with the provisions for online shopping contracts.

2. The Customer shall be entitled to withdraw from contracts within seven work days, counted from receipt of delivery. Saturdays shall not be counted as work days.

3. For goods or services sent electronically (files, audio/video recordings, software) the Customer shall hold no right of withdrawal.

4. By declaring his withdrawal the Consumer agrees to send back without delay the ordered goods. Return shipment costs shall be borne by the Customer.

§ 5 — Damage Liability

1. The risk for accidental loss or damage to the goods shall pass to the Customer when the goods are transferred to the dispatcher.

2. In the case of data downloaded or sent via the Internet the risk for loss or alteration of data shall pass to the Customer when the network interface is passed.

3. Delayed acceptance by the Customer shall not affect the time at which risk passes.

§ 6 — Warranty

1. It is up to the Customer whether repair or replacement shall be performed. Kmentemt Künstler GnbR is entitled to refuse the chosen remedy if it is impossible or entails disproportionate effort.

2. If repair is not possible, the Customer may request a price reduction or, provided it is not only a minor defect, avoidance of the contract.

3. Entrepreneurs must inspect delivered goods and make known any defect in writing within one week of receipt.

4. Hidden defects are to be made known in writing within one week of their being noticed.

5. The warranty period for Consumers is two years from delivery of goods.

6. For entrepreneurs the warranty period is one year from delivery of goods.

§ 7 — Limitations on Liability

1. Our liability is limited to willful intent and gross negligence. No liability is accepted for slight negligence or compensation for consequential damage.

2. The above limitations do not apply for physical injury, damage to health, or death of the Customer.

3. No limitation on liability shall apply toward Consumers for slight negligence.

4. Kmentemt Künstler GnbR is liable only for its own contents and shall not be responsible for contents of external websites.

§ 8 — Data Privacy

1. Our data privacy information informs Customers about the type, scope, duration and purpose of collecting and processing personal data necessary for orders and invoicing.

2. Any processing of personal data beyond the above requires the consent of the Customer, which may be revoked at any time.

§ 9 — Miscellaneous

1. This Agreement is subject to Austrian Law. The provisions of the UN Sales Convention shall not apply.

2. In the case of Consumers, this choice of law applies only insofar as protection is not waived by compulsory provisions of the state of habitual residence.

3. Any disputes arising from this Agreement shall be settled by the Austrian Court of Law having venue and jurisdiction for the matter.

4. In the event that any provisions of this Agreement become ineffective in part or in full, the validity of the remaining provisions shall not be affected.