Interart-Collection.com General Terms & Conditions

Last Revised: December 1, 2018

Dear User! Thank you for choosing our services.

 

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.

Under “You” Interart Collection means User, Buyer, Client, or any other designation that would describe your status properly.

I. Definitions


In these General Terms and Conditions the definitions are the followings:

Client: the purchaser entering into an agreement with InterTrade 2010 GmbH, either a Professional Purchaser or a Consumer.

 

InterTrade 2010 GmbH: seat: Heidehofweg 20, 7111 Parndorf
 

Agreement: the agreement between the Client and InterTrade 2010 GmbH with regard to the sale and delivery of products via Interart Collection webshop.

 

Purchase: the act when a Consumer and/or a Professional Purchaser buys the product.
 

Interart Collection webshop: the online shop through which InterTrade 2010 GmbH offers products for sale.
 

General Terms and Conditions: the terms of sale and delivery as formulated by InterTrade 2010 GmbH.
 

Consumer: the natural person which is not acting as a professional and/or for a company.
 

Professional Purchaser: the natural person which is acting as a professional and/or for a company or the legal entity entering into an Agreement with InterTrade 2010 GmbH.
 

Website: the website through which Interart Collection webshop is available.


 

II. Applicability and amendments

  1. These General Terms and Conditions exclusively apply to any and all offers, Agreements, sale and deliveries of products by InterTrade 2010 GmbH through the Interart Collection webshop. InterTrade 2010 GmbH explicitly rejects the applicability of any other (general) terms. The Client explicitly acknowledges and accepts that any other terms or conditions are not applicable. 

  2.  InterTrade 2010 GmbH retains the right to amend the General Terms and Conditions unilaterally. Any amendments to the General Terms and Conditions will be published on the Website.

  3. With regard to the sale, purchase, delivery of special products, such as, but not limited to products of which the price is provided upon request, limited editions and products of which the purchase order/Agreement is not completed through the Webshop, InterTrade 2010 GmbH is entitled to apply additional or other terms and conditions.

  4. Deviation from or amendments to the General Terms and Conditions are only valid if recorded in writing and if realized with the explicit agreement of InterTrade 2010 GmbH.

III. Offers and agreements

  1. All offers made by InterTrade 2010 GmbH are non-committal except in case of a Purchase, and are subject to change and/or availability. 

  2. Unless InterTrade 2010 GmbH has explicitly accepted another manner of closing the Agreement, Agreements are closed if Client has received a written (including e-mail) confirmation of his purchase by InterTrade 2010 GmbH. InterTrade 2010 GmbH may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined. 

  3. Acceptance of an offer or the purchase of a product implies that the Client accepts the applicability of these General Terms and Conditions.

  4. The Client carries full responsibility for providing InterTrade 2010 GmbH with the correct details in order to enter into the Agreement.

  5. InterTrade 2010 GmbH is entitled to assign third parties to execute the Agreement. These General Terms and Conditions also apply to the relation with these third parties.

IV. Prices and payment

  1. The prices published on the website for the products offered via/in the Interart Collection webshop to Clients residing in or outside of the EU are in Euros, include VAT and include costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by InterTrade 2010 GmbH.

  2. InterTrade 2010 GmbH is entitled to adjust the purchase price after confirmation of a purchase order/entering into an Agreement if the prices for import duties, taxes or other external costs (which may be caused by currency deviations) have risen. InterTrade 2010 GmbH will inform the Client as soon as possible of such adjustment, after which the Client is entitled to terminate the Agreement/cancel the purchase order, unless InterTrade 2010 GmbH and Client have agreed otherwise or if the price adjustment is compulsory by law.

  3. Payment shall take place in the manner indicated during the ordering process. You can choose between online (e.g. PayPal, VISA, Sofort, AliPay) or offline payment. In case of offline payment you are obliged to place the Purchase Price in 3 (three) working days to the following bank account with the following transfer details: 
    - Bank account No.: 21642266201
    - IBAN: AT64 2021 6216 4226 6201
    - Holder: INTERTRADE 2010 GmbH
    - Purchase Price: Total price can be seen in the checkout page (Purchase price or Total price, consists of the artwork price, shipping fee and if applicable the Value Added Tax (VAT))
    ​- Notification: order No. (it will be emailed to you after pressing the ’Order’ button)

  4. Your order may be governed by further conditions. The date of payment is the date that payment has been received by InterTrade 2010 GmbH on its bank account. The term of delivery starts after payment of the purchase order/products has been received by InterTrade 2010 GmbH, unless Parties have agreed otherwise. 

  5. Upon exceeding the term of payment, the Client is in default as of the day on which full payment should have taken place and shall be bound to pay the applicable statutory interest for Consumers or for Legal Entities. All costs made by InterTrade 2010 GmbH for debt collection caused by late, incomplete or non-payment, including but not limited to extrajudicial and judicial costs, costs for bailiffs, debt collection agencies, legal proceedings, councils and lawyers will be charged to Client.

  6. Should the Client be in default of any payment, InterTrade 2010 GmbH is entitled to cancel the Agreement in question and any connected agreements.

 

V. Delivery

  1. The term for delivery given by InterTrade 2010 GmbH is provided as an indication only and shall never constitute a fixed deadline. Should a term for delivery be exceeded, this shall not give the purchaser the right to claim compensation. 

  2. Should delivery be delayed either because a problem occurs with the shipping company, or for other reasons, or should it not be possible to execute all or part of an order/Agreement, the Client shall be notified of this not later than 10 (ten) days after payment of the purchase. The purchaser shall in such a case have the right to cancel the order without incurring costs.

  3. InterTrade 2010 GmbH determines the method of transport of the goods ordered via the Interart Colletion webshop, unless otherwise agreed.

  4. Delivery to the Client takes place at the moment that the products leave InterTrade 2010 GmbH’s premises or storage. Products are considered to be delivered to a Consumer at the moment the products are delivered at the address provided by the Consumer.

  5. If a delivery is rejected by a Client the costs arising from this rejection can be charged to Client as well as the damages suffered by InterTrade 2010 GmbH.

 

VI. Cancellation of the purchase agreement and refund

  1. Delivered products can only be returned after prior written consent of InterTrade 2010 GmbH and according to the instructions given by InterTrade 2010 GmbH with regard to the manner of returning the products. In this case all the costs have been arisen alccordingly have been paid by Consumer.

  2. Consumer is entitled to cancel the Agreement in 14 (fourteen) days and ask for the refund of the Purchase Price without reasoning.

  3. In case of IV.2., V.2. and VIII.6. chapters the Purchase Price shall be refunded in 10 (ten) working days.

VII. Retention of title

  1. All products supplied remain the property of InterTrade 2010 GmbH until the Client has complied fully with all obligations towards InterTrade 2010 GmbH.

  2. If the Professional Purchaser is in breach of one of his obligations arising from the Agreement with InterTrade 2010 GmbH, or if InterTrade 2010 GmbH has reasonable doubt to believe that this purchaser will not fulfill its obligations, InterTrade 2010 GmbH is entitled to recall delivered products from this purchaser or from third parties which have the product(s) in possession for the purchaser. The purchaser shall cooperate with InterTrade 2010 GmbH to recall the products in such case.

 

VIII. Defective products and complaints

  1. InterTrade 2010 GmbH warrants that under normal use and in accordance with the user and taking into account the product specification the goods shall at the time of the delivery to Client and for a period of 12 (twelve) months from the date of delivery, be free from defects in material or workmanship and shall be conform to the product specifications.

  2. Products placed in the Interart Collection webshop comply with the demands and functionalities that can reasonably be set for such products if used in the regular manner and for the purposes intended for. Certain products may be subject to minor deviations in shape and color, this depends on the material from which the products are manufactured or age. InterTrade 2010 GmbH is considered to have met the obligation of delivery in case of such minor deviations. All information and pictures with regard to the colors, materials, sizes and details of the Products are to be considered as an indication of the product. Minor deviations of these aspects can not be a cause for return of the product, dissolution of the Agreement, price reductions or compensation of damages or costs.

  3. Upon delivery, the Client is obliged to check whether the Products comply with the Agreement. Should this not be the case, the Client shall notify InterTrade 2010 GmbH in writing including motivation immediately in case of deviations in the outer appearance of the product, or within 10 days of delivery in any other case.

  4. In case the product is to be used outside Austria the Client needs to verify whether the product complies with the applicable demands and/or rules and regulations.

  5. A complaint cannot be accepted if the product has been used contrary to the instructions for use, the product has been used without care or has been used for a purpose other than that for which it was designed and intended.

  6. If InterTrade 2010 GmbH considers a complaint with regard to the quality requirements and quality standards of the product supplied to be justified, InterTrade 2010 GmbH may choose to either accept return of the product or to rescind the Agreement and refund the Purchase Price to Client. With respect to the kind of products InterTrade 2010 GmbH deals with no replace or change of the product can be executed. 

  7. If as a result of a justified complaint, InterTrade 2010 GmbH has replaced the defective product, InterTrade 2010 GmbH is considered to have delivered in due time, even if a statutory period set by the Client has been exceeded. 

 

  

IX. Liability

  1. InterTrade 2010 GmbH is not liable for damages caused by:
    - inexpert use of the delivered product or usage for other purposes then the purposes for which the product is intended according to objective standards;
    - the provision of incorrect or incomplete information by the Client to InterTrade 2010 GmbH;
    - acts of third parties assigned by InterTrade 2010 GmbH with consent of the Client;
    - materials or services delivered by third parties upon request or with consent of the Client;
    - misunderstandings, mutilation, delays or incomplete or abnormal receipt of orders and messages as a consequence of use of the internet or any other means of (electrical) communication.

  2.  InterTrade 2010 GmbH shall only compensate Client for damages caused as a direct consequence of an attributable act or an attributable failure to act of InterTrade 2010 GmbH. InterTrade 2010 GmbH is not liable for indirect damages and costs, for example but not limited to lost profits, consequential damages, damages caused by delivery, mutilated or destructed data or materials or lost turnover.

  3. InterTrade 2010 GmbH’s total liability is limited to compensation of the amount that the insurance company pays out to InterTrade 2010 GmbH. If the insurance company does not pay out any amount to InterTrade 2010 GmbH and InterTrade 2010 GmbH is liable for compensation of damages according to this article, InterTrade 2010 GmbH’s total liability is limited to compensation of the amount of the invoice with regard to the relevant product delivery/purchase.

  4. The Client shall indemnify InterTrade 2010 GmbH from the consequences of any claims by third parties arising from the execution of the Agreement and which are caused by acts attributable to the Client.

  5. The restrictions with regard to the liability in this article are not applicable in case of damages caused by willful misconduct or gross negligence by InterTrade 2010 GmbH or its employees; 

 

X. Privacy policy

  1. Personal Client information, obtained by InterTrade 2010 GmbH as a consequence of a purchase, will only be saved and /or processed in order to fulfill its obligations arising from the Agreement, for purposes of marketing by InterTrade 2010 GmbH and maintenance of a client relation with Client. In processing the personal Client information InterTrade 2010 GmbH shall comply to the applicable rules and regulations, in particular the EU GDPR Ordinance and the Austrian Personal Data Protection Act. 

  2. Client is at any time entitled to inspect its personal Client information. A request to inspect this information should be sent to InterTrade 2010 GmbH to the following e-mail address: info@interart-collection.com

 

XI. Force Majeur

  1. Force Majeur is taken to mean any shortcoming which may not be attributed to InterTrade 2010 GmbH according to law, jurisprudence or generally accepted situations or circumstances. Force Majeur is also taken to mean import or export prohibitions by or because of a government, lack of or non-timely delivery by suppliers of InterTrade 2010 GmbH, strikes or extremely high absenteeism through illness by InterTrade 2010 GmbH employees or suppliers.

  2. In the event of a Force Majeur situation, InterTrade 2010 GmbH has the choice of either cancelling (further) execution of the Client's order or rescinding the order without legal intervention, by informing Client of this in writing and without being held to any form of liability for damages or costs. The Client shall be obliged to pay for (part of) the product(s) that have been delivered by InterTrade 2010 GmbH.

 

XII. Intellectual property rights

  1. The Client acknowledges that InterTrade 2010 GmbH is the rightful owner and/or licensee with regard to the relevant intellectual property rights concerning the (pictures of the) InterTrade 2010 GmbH products, packaging, the website, texts, trademarks, trade names and logo’s, information, DVdK concepts and databases and shall entirely and unconditionally respect these rights. The Client is prohibited to reproduce and/or make available to the public any of the protected items without the prior written consent of InterTrade 2010 GmbH.

  2. The Client is not allowed to transfer the Agreement or any rights arising from the Agreement with InterTrade 2010 GmbH to third parties.

 

XIII. Applicable law and competent court

  1. All rights, obligations, offers, orders and Agreements to which these terms apply, as well as these General Terms and Conditions themselves, are governed by Austrian law only.

  2. Any disputes between parties will be submitted to the jurisdiction of the competent Courts in Austria.

Please feel free to contact us if you have any questions.

Interart Collection Team

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InterTrade 2010 GmbH.

Heidehofweg 20.

7111 Parndorf,

Austria

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