Terms & Conditions
Status 09/2021
German version: die deutsche Fassung der Allgemeinen Geschäftsbedingungen finden Sie hier.
1) Scope of applicability
1.1 These General Terms and Conditions (hereinafter “GTC”) of
Anna Frohmann, BA | Illustration & Graphic Design
Address: Goldschlagstraße 127/30, 1140 Vienna, Austria
To contact Anna, please use the contact form linked here or send an email.
apply to all contracts for the delivery of goods and ancillary services that a consumer or entrepreneur (hereinafter “Customer”) concludes with the seller with regard to the latter's goods and ancillary services. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. These GTC apply accordingly to contracts for the delivery of vouchers, provided that nothing to the contrary has been expressly agreed. Online sales shall only be made to consumers for private use of the Work.
A consumer is any natural person who engages in a transaction that is not part of the operation of his or her business. An entrepreneur in terms of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Contract conclusion
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but are for the submission of a binding offer by the Customer.
The printables (the files transmitted by download and their printouts) are protected by copyright. The Customer does not acquire any intellectual property or copyrights to the goods or works. All copyrights, exploitation rights and other property rights shall remain with the author.
The Customer acquires only a non-exclusive, non-transferable right of use to the file transmitted by download and the printout, limited to private use. Any kind of commercial use is expressly prohibited, in particular, however, also the publication or making available free of charge.
The Customer is permitted to print the file as often as he wishes after having purchased it from the seller. The Customer is permitted to give the printouts (but not the file), to pass them on (give them away) free of charge. Any exploitation against payment, such as the sale/resale of (printouts), is not permitted. However, publication or making available free of charge is also not permitted.
In particular, it is not permitted to pass on, sell or resell, lease, license, sublicense or offer to third parties the files or resources/artworks in whole, in part or as modified versions. This includes uploading the file to another website, marketplace or media sharing tool. The printable made available for download by the seller may not be distributed or made available in any way whatsoever, but may only be used for private printing as defined above. The uploading of source files to other servers and the associated distribution/selling of complete or partial data is strictly prohibited.
If the Customer wishes to share the files/printouts/works online, he/she is free to link to the respective product page on annafrohmann.com and to link our preview images. Hotlinking, i.e. embedding in a web page stored on a different host than the page containing them is strictly prohibited.
The respective product description in the seller's online shop shall be authoritative for the quality and design of the works.
2.2 The Customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, after placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the Customer makes a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. B2B customers can enquire by email.
2.3 The seller may accept the Customer's offer within 5 days
by sending the Customer a written order confirmation or an order confirmation in text form (email), in which case the receipt of the order confirmation by the Customer is decisive, or
by making the work available to the Customer for download after the order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the 5th day following the sending of the offer. If the seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the Customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time gives a payment order to his payment service provider to transfer the money directly to the account of the seller, the seller declares, in deviation from section 2.3, that he accepts the Customer's offer at the time the money is received in the seller's account.
2.4 When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email) after the Customer's order has been sent.
When an offer is made via the seller's online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer's order has been sent. The seller shall not make the text of the contract accessible beyond this.
2.5 The German and English languages are available for the conclusion of the contract.
2.6 The order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct and, when using SPAM filters, must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Withdrawal right
3.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using exclusively means of distance communication (fax, internet, telephone) up to and including the conclusion of the contract.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1 Provided that nothing to the contrary is stated in the seller's product and service description, the prices quoted are total prices. The seller is subject to the small business regulation, so that the prices do not include statutory VAT.
4.2 The Customer will be informed of the payment option(s) in the seller's online shop.
5) Retention of title
5.1 With respect to its Customers, whether consumers or entrepreneurs, the seller retains title to the goods provided until the purchase price owed has been paid in full.
6) Delivery and shipping conditions
6.1 Our offers are open to all private customers worldwide.
7) Warranty/Liability
The provisions of the statutory warranty shall apply.
If the Customer is acting as an entrepreneur, the following shall also apply:
An insignificant defect shall in principle not give rise to any warranty claims.
The seller has the choice of how to remedy the defect.
The limitation period does not start again if a replacement delivery is made within the scope of the liability for defects.
If the Customer is acting as an entrepreneur in terms of the Austrian Commercial Code (UGB), he/she shall be subject to the commercial obligation to examine the goods and give notice of defects pursuant to § 377 UGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved
The seller shall not be liable for slight negligence, provided that no personal injury is involved. These liability provisions shall also apply with regard to the seller's liability for its vicarious agents and legal representatives.
8) Place of jurisdiction/applicable law
8.1 Austrian substantive law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled or habitually resident.
8.2 In the relationship with entrepreneurs, the factually competent court at the seller's registered office is agreed as the exclusively competent court.
8.3 If the Customer is a consumer domiciled or habitually resident in the EU/EFTA, he/she can only be sued at the court of his domicile and can sue the seller either at the seller's registered office or at the Customer's domicile; if the Customer is a consumer domiciled or habitually resident outside the EU/EFTA, the court with subject-matter jurisdiction at the seller's registered office is agreed as the exclusively competent court, unless mandatory provisions of the law of the state in which the consumer is domiciled or habitually resident conflict with this.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.