‘S GENERAL TERMS AND CONDITIONS FOR THE martin-wieland-arts.com ONLINE STORE

1. General Information

All services provided by the online store to the customer are governed exclusively by the following General Terms and Conditions. Any deviating provisions shall apply only if they have been agreed upon in writing between the online store and the customer.

2. Conclusion of the Contract

Only individuals who are at least 18 years of age and whose legal capacity is not restricted at the time the contract is concluded are eligible to enter into a contract with the online store.

The offers made by the online store on the Internet constitute a non-binding invitation to customers to order goods from the online store.

By ordering goods from the online store on the Internet, the customer implicitly makes a binding offer to enter into a sales contract.

The online store is entitled to accept this offer within 5 calendar days by sending an order confirmation. The order confirmation will be sent by email, but no later than upon delivery of the goods. If the 5-day period expires without a response, the offer is deemed rejected.

3. Delivery Times

All items will be shipped immediately, provided they are in stock and while supplies last.

Delivery is available only within Austria. Delivery typically takes 4–5 business days, starting from the date the order confirmation is sent. The delivery time is non-binding unless otherwise agreed in writing.

If an item is temporarily out of stock, we will notify you by email of the expected delivery time, provided we have your address on file.

In the event of delivery delays caused, for example, by force majeure, traffic disruptions, government orders, or other events beyond the online store’s control, no claim for damages may be asserted against the online store.

If delivery is delayed or fails to occur (impossibility of performance) due to the fault of upstream suppliers, the online store is not liable for this.

4. Shipping

Shipping costs vary depending on the weight of the products and the destination.
Express deliveries can also be arranged at the customer’s request. Any additional costs incurred as a result shall be borne by the customer.

Shipping insurance will be purchased at the customer’s expense. Any damage incurred during shipping must be reported to the delivery company immediately.

5. Prices and Payment

5.1 All prices listed are final prices that include the statutory value-added tax, currently 20%.

5.2 The final prices do not include the costs of packaging and shipping.

5.3 Because the online store’s website is constantly updated, any information provided earlier regarding the price and description of the merchandise is no longer valid. Errors and misprints are reserved.

5.4 The price listed at the time the customer submits the offer shall be used for billing purposes.

5.5 Payment for the goods is made either in advance, via PayPal, or on account. Exceptions are valid only if they have been agreed upon in writing between the online store and the customer.

5.6 The customer is required to pay the invoice amount promptly upon receipt of the goods.

5.7 If the customer has not fulfilled their payment obligation by the end of the period specified in paragraph 6, the online store reserves the right to charge the customer any additional reminder and processing fees incurred as a result.

5.8 If the customer defaults on payment, the online store is entitled to charge late payment interest at the rate prescribed by law. This does not affect the online store’s right to assert any further claims for damages.

6. Retention of Title

Until full payment has been made, the ordered goods remain the property of the online store (retention of title). If the customer is late in making payment, the online store is entitled to take the goods back. This does not constitute a withdrawal from the contract, unless such withdrawal is expressly stated.

7. Warranty

7.1 The customer’s claims against the online store arising from a defect in the goods are governed by the provisions of law.

7.2 The customer agrees to inspect the merchandise for any defects upon receipt and, if any are found, to notify the online store immediately. If the customer discovers at a later date that the goods are defective, the customer is obligated to inform the online store immediately upon discovery of the defect. If the customer fails to report a defect, the goods shall be deemed accepted.

7.3. Damage caused by the customer through improper handling or handling in violation of the contract shall not be considered a defect in the goods. The manufacturer’s specifications shall be decisive in determining whether such handling is improper or in violation of the contract.

7.4. The warranty period is two years. It begins upon receipt of the goods.

7.5. The warranty is void in all cases if the buyer or an unauthorized third party performs any modifications, repairs, or attempted repairs.

8. Limitation of Liability

Unless otherwise specified below, any further claims by the customer, regardless of their legal basis, are excluded. The online store is therefore not liable for damages that did not occur to the delivered item itself; in particular, the online store is not liable for the customer’s lost profits or other financial losses. To the extent that the online store’s contractual liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

The foregoing limitation of liability does not apply if the cause of the damage is based on willful misconduct or gross negligence, or if personal injury has occurred. Furthermore, it does not apply if the customer asserts claims provided for by law.

The provisions of the Product Liability Act remain unaffected by this. If the online store negligently breaches an essential contractual obligation, its liability for property damage is limited to the damage that typically occurs.

If the remedy takes the form of a replacement delivery, the customer is obligated to return the originally delivered goods to the online store within 30 days at the store’s expense.

Defective merchandise must be returned in accordance with applicable laws. The online store reserves the right to claim damages under the conditions prescribed by law.

The statute of limitations is two years. The period begins upon delivery of the item.

9. Data Protection

The customer agrees that their personal data received by the online store in the course of the business relationship may be stored and processed electronically. Please note that data collected in accordance with this provision is collected and processed exclusively for the purpose of providing services, in particular for order processing and accounting. The online store does not disclose customer data to third parties.

10. Copyright

All third-party logos, images, and graphics displayed here are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts, and programming routines displayed on these pages—whether developed in-house by us or prepared by us—may not be copied or otherwise used without our consent. All rights reserved.

11. Place of jurisdiction: Neunkirchen

11.1 Unless otherwise provided by law, the place of jurisdiction is the online store’s place of business.

11.2 Austrian law shall apply to any disputes that may arise from this legal relationship, to the exclusion of conflict-of-laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

12. Right of Withdrawal

Here is our explanation of the Right of Withdrawal

12. Validity of the Terms and Conditions

By placing an order, the customer accepts the online store’s Terms and Conditions. Should any provision of these Terms and Conditions be invalid for any reason, the validity of the remaining provisions shall remain unaffected. Verbal agreements must be confirmed in writing to be valid.

During our business hours, you can also reach us at 02635/62637.