General business terms and regulations

§1 Application of terms and regulations
1.Our deliveries, services and offers are exclusively linked to these business terms and regulations. Such shall also be the case for all future contracts, even if it has not been explicitly re-declared.
2.These business terms and regulations will be deemed accepted at the latest when the goods have been delivered. Any countersanctions on the part of the buyer referring to his business- or purchasing regulations are hereby disclaimed.
3. Alterations of these business terms and regulations are only admitted if they are sanctioned in writing from our part.
4. As far as these terms require the written from, this requirement can only be suspended in writing.

§2 Offers and prices
1. Our offers remain free and are not binding. Supplements, alternations or collateral agreements require our written or faxed confirmation. The same applies to written or faxed orders or declarations of acceptance.
2. As far as not stated otherwise we will adhere to the prices included in our orders for 30 days counting from the date of the order. The prices are determined by our pricelists including 10% VAT for books and pieces of art, and 20% for all other products.

§3 Terms and date of delivery
1. The delivery is executed against payment, the carrier bearing the risk from Maria Gugging. The risk is transferred to the buyer from the moment he receives the delivery. It is possible to collect items at our Gallery.
2. A transport insurance for works of art is obligatory.
3. Packaging costs – if necessary – are being charged separately.
4. Depending on individual arrangements orders are being billed in advance (bank transferral) or paid on delivery. Payment form abroad must be transferred free of costs.
5. We are not responsible for delays to deliveries resulting from an act of God or from events obstructing or preventing us from delivery. As such events qualify especially: strikes, lock-outs, official directions etc., even if they happen to our Artists and even if the delivery terms have been bindingly agreed upon. In such an event we preserve the right to postpone delivery for the length of the period of obstruction plus an adequate amount of start-up time. Alternatively we preserve the right to withdraw from the contract partly or entirely concerning the non-fulfilled part.
6. In the case of such an obstruction continuing for more than 3 months, the buyer has the right, after having given an adequate extension of time, to withdraw from the contract concerning the non-fulfilled part. Under no circumstances can the buyer claim damages for his withdrawal because of our obstruction.

§4 Warranty
1. All works are produced individually and therefore may differ in form and shape from gallery photographs and pictures on a screen. This is not a valid reason for complaint.
2. Claims have to be made within 14 days of receiving delivery. Returns require our authorisation. Unannounced returns or returns against payment will not be accepted.

§5 Payments and Reserve of Ownership
1. Deliveries have to be paid in full.
2. Until full payment has been made, the article remains the Artist’s property.
3. Payment will be considered made only when we can access the full amount. In the case of cheques payment is considered made only when the cheque has been exchanged and cannot be revoked.
4. On order an article will be reserved for a maximum of 3 weeks.

§6 Term for Payment
On order (payment?) the buyer is furnished with a receipt via e-mail. Payment must reach the account within 4 weeks, otherwise the reservation will expire.

§7 Applicable law, place of settlement and jurisdiction
1. These business terms and regulations as well as the entire contractual association between the buyer and ourselves is subject to the law of the Austrian Republic.
2. Klosterneuburg is the exclusive place of jurisdiction for all litigations arising directly or indirectly out of this contract.
3. Klosterneuburg is the exclusive place of settlement.
4.In the case of one of these terms and regulations being void or becoming void, and also in the case of any other regulation agreed upon collaterally being or becoming void, the validity of the remaining terms and regulations as well as the collateral agreements shall remain intact.

§8 Copyright
1.The downloading of exhibition pieces is allowed for private purposes only.
2. Any copying, distributing or publication of the works is unlawful and shall be prosecuted in accordance with the copyright.

The Gugging Artists’ Gallery
Dr. Feilacher KEG
Hauptstrasse 2
A-3400 Maria Gugging
e-mail: gallery@gugging.org
Contact persons: Mag. Nina Katschnig, Gallery Director
Gerti Hacker, Secretary
Tel.: +43 2243 87992
Fax: +43 2243 87172

Banking Details: BANK AUSTRIA AG
Sorting code: 20151
Account number: 639 272 509

Data Security
Dear art lover and partner,
WE GUARANTEE TO HANDLE YOUR DETAILS WITH DISCRETION IN ACCORDANCE WITH THE DATA SECURITY ACT. IN PARTICULAR WE PROMISE NOT TO PASS THEM ON TO THIRD PARTIES.

WARRANTY ISSUES
Please make sure to inform us immediately of any damages to the material or such as could have resulted from transport. This will help us to locate the source of the problem. Please understand that packaging-, postage- and transport costs have to be charged according to their actual accretion, since the works come in all different frames, sizes, shapes and weights.