These General Terms and Conditions (GTC) apply to the business relationship between Mag. Thomas Baboujian (hereinafter referred to by the trading name “BASE AT4”) and the buyer in the version valid at the time the order is placed. Any terms and conditions of the buyer that deviate from these GTC require the express and unambiguous written consent of BASE AT4.
2. Contracting Party and Conclusion of Contract
The purchase contract is concluded with BASE AT4, St. Ulrichs-Platz 6, 1070 Vienna, Austria. The presentation of artworks in the online shop does not constitute a legally binding offer, but rather an invitation to submit an offer to purchase. By clicking the order button, you submit a binding offer to purchase the goods contained in your shopping cart. The order confirmation automatically sent by email serves as confirmation that your purchase offer has been received. The contract is concluded once the buyer receives a shipment tracking number by email.
3. Prices and Shipping Costs
All prices include statutory value-added tax (VAT) and shipping costs within Austria. For deliveries outside Austria, as well as for bulky goods or items weighing more than 10 kg, specific additional shipping costs will be charged and displayed separately during the ordering process. For deliveries to countries outside the European Union, additional customs duties, taxes and fees may apply. These costs are to be borne by the buyer.
4. Payment
Payment can be made by credit card (Visa, Mastercard, American Express, UnionPay), PayPal or any other payment methods offered during the checkout process. Where payment in advance is selected, the goods will be shipped only after the full invoice amount has been received.
5. Delivery and Shipping
Delivery is available within Austria unless otherwise stated. Delivery times within Austria are generally 3–5 business days. If, due to force majeure or other unforeseeable circumstances (e.g. supply shortages), we are unable to deliver the order within the stated period, we will inform the buyer without undue delay. If the ordered goods are unavailable, we reserve the right to withdraw from the contract. Any payments already made will be refunded without undue delay.
6. Retention of Title
The goods remain the property of BASE AT4 until payment has been made in full.
7. Right of Withdrawal
Consumers in Austria have the statutory right, in the case of distance contracts, to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the buyer, or a third party designated by the buyer who is not the carrier, takes possession of the goods. The right of withdrawal does not apply to goods made to customer specifications or clearly personalised to meet individual requirements (e.g. commissioned works), or to opened prints where, due to their sensitive nature, they are not suitable for return. For their protection, goods must be returned in the original packaging used for the original shipment, including all protective materials. The buyer bears the costs of returning the goods.
8. Liability
We accept unlimited liability for damages: in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty; and for claims under applicable product liability law. In the event of a slightly negligent breach of essential contractual obligations, our liability is limited to the typical and foreseeable damage arising from the contract.
9. Warranty
The statutory warranty provisions under Austrian law apply. In the event of defects in the delivered goods, buyers have the statutory right to request repair or replacement. If these remedies are unsuccessful, they may withdraw from the contract or request an appropriate reduction of the purchase price.
10. Copyright
Copyright in the artworks offered remains with the respective artists. The artworks or any parts thereof may not be reproduced, distributed or made available to the public without the prior written consent of the respective copyright holder.
11. Data Protection
We process personal data exclusively in accordance with applicable legal requirements. Details regarding data protection and the processing of your personal data can be found in our Privacy Policy.
12. Online Dispute Resolution and Alternative Dispute Resolution
The European Commission provides an Online Dispute Resolution (ODR) platform, which can be accessed at: http://ec.europa.eu/odr We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration body.
13. Final Provisions
Austrian law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should any provision of these General Terms and Conditions be invalid or unenforceable, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid or unenforceable provision.
