Terms & Conditions
Apeironart – United in creative diversity
Terms & Conditions
Apeironart – United in creative diversity
I.) General Terms and Conditions
1. Validity and conclusion of contract
- The website www.apeironart.eu offers users of the site on the one hand the opportunity to present works by artists, galleries, etc. (“seller” for short) and to purchase works online directly from the seller (“potential buyers” for short). On the other hand, services from Apeironart can be used themselves.
- These general terms and conditions have on the one hand the definition of the modalities and conditions of sale of the works presented on the page and the definition of the rights and obligations of the parties in this relationship. Purchases made through the site are completed directly between the buyer and seller. In no case is Apeironart a reseller of the works offered by the sellers via the site. Apeironart acts exclusively as an agent. Thus, the purchase contract is concluded exclusively between seller and buyer; Apeironart is not a contractual partner. The seller is the sole seller of the works and is solely liable for the obligations arising therefrom. Responsibility for the movement of goods, as well as the type, authenticity and price of the works offered for sale at www.apeironart.eu rests solely with the seller, i.e. the gallery owner or artist who is the seller on www.apeironart.eu.
- On the other hand, the provision of services is regulated by Apeironart itself.
- Apeironart GmbH, FN 539885 z of the Regional Court Innsbruck, Austria, Müllerstraße 26/4 Tür 10, 6020 Innsbruck, (“Apeironart” for short) concludes contracts with its contractual partners – even without reference in individual cases – exclusively on the basis of these General Terms and Conditions (hereinafter in short “AGB”). Conditions of a contractual partner that deviate from this only apply with a separate written agreement.
- If the contractual partner sends such terms and conditions, the latter waives any legal effects arising therefrom. The general terms and conditions remain valid even in the event of any ineffectiveness of individual provisions.
- Oral statements are only effective if they are confirmed in writing by Apeironart.These terms and conditions also apply to all future transactions, unless the contractual partners expressly agree otherwise in writing.
The version valid at the time of the conclusion of the contract is decisive.
2. Order, purchase price and payment processing and delivery of works
- Subject to their availability, the works are offered for sale by the seller on the website. In order to be able to order a work, the buyer must select the work of his choice, add it to the shopping cart and provide information about himself. To do this, it is necessary to set up a user account at the beginning; the customer must be logged into his account to purchase. Before the buyer can confirm his order, he must check the information in the order overview and correct possible errors in the data entered and note the shipping costs.
- The buyer’s account will only be debited with payment once the buyer’s offer has been confirmed. This is done by Apeironart within 48 hours to guarantee the availability of the work at the seller. In the event that the work is no longer available, the buyer will be informed by email within 48 hours. This results in the cancellation of the order.
- The purchase price of the works is in EURO and includes sales tax and, if applicable, plus shipping and packaging costs. The various possible shipping methods and the associated costs are specified in the order overview. The shipping and packaging costs depend on the type of work, its size and weight, and the place of delivery. Payment of the price of the work by the buyer to the seller is made via payment services provided by the financial service provider Stripe: credit cards (Mastercard, Visa, American Express), PayPal and bank transfer.
- The ordered works are delivered to the address given in the order summary form during business hours and in accordance with the modalities agreed upon by the shipping service provider, which is specified when the order is placed. The buyer has to find out about the modalities and delivery times implemented by the various
- shipping service providers. The buyer undertakes to check the condition of the work upon receipt of the order and to express any reservation in writing and immediately, at the latest within 48 hours, to Apeironart, who forwards it to the seller.
3. Right of withdrawal for consumers (does not apply to entrepreneurs)
- A contract partner who is a consumer within the meaning of the Consumer Protection Act has the right to withdraw from this contract within 14 days without giving reasons.
- The withdrawal period is 14 days from the day:
- on which the consumer or a third party named by him, who is
not the carrier, has taken possession of the goods.
- or (in the case of a contract for several goods which were
ordered in a single order and which are delivered separately) on which the consumer or a third party named by him who is
not the carrier has taken possession of the last goods.
- or (in the case of a contract for the delivery of goods in several
partial shipments or pieces) on which the consumer or a third party named by him who is not the carrier has taken possession of the last partial shipment or the last piece. If this right of withdrawal is exercised in due time, the consumer is no longer bound by his order. The date on which the declaration of withdrawal or the goods were sent to Apeironart is decisive for exercising the right of withdrawal.
- on which the consumer or a third party named by him, who is
- The right of withdrawal is to be exercised at:
Phone: +43 660 32 037 33
- To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.
- As a result of a justified revocation, the seller has all payments that it has received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that a different type of delivery than the cheapest standard delivery offered was chosen), to be repaid immediately and at the latest within fourteen days from the day on which Apeironart received notification of the cancellation of this contract. For this repayment, Apeironart uses the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with the consumer.
- The seller can refuse the repayment until he has received the goods back intact or until the consumer has provided evidence that he has sent the goods back, whichever is earlier. Insofar as the seller has offered to pick up the goods or has been agreed separately, the consumer must enable the goods to be picked up between 8:00 a.m. and 6:00 p.m. on working days, whereby the pick-up is mutually agreed with the consumer. Should the collection not be possible despite an agreement for reasons for which the consumer is responsible, the consumer must reimburse the costs incurred as a result.
- The consumer must return or hand over the goods to the seller immediately and in any case no later than 14 days from the day on which the customer informed Apeironart of the cancellation of this contract. The deadline is met if the consumer sends the goods before the period of 14 days has expired. The consumer bears the direct costs of returning the goods. A possible loss in value of the goods is only possible if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
4. Conclusion of contract / pricing / representation by Apeironart
- Offers received from their contractual partners to Apeironart will only be accepted by Apeironart through written declarations of acceptance or through fulfillment. The contract partner is bound to his offer for four weeks from receipt.
- Offers are fundamentally non-binding and can be modified or revoked by Apeironart even after receipt of the contractual partner’s statement. All information in brochures, circulars, catalogs, advertisements, price lists, etc. are also non-binding.
- Unless otherwise expressly stated, all prices are exclusive of value added tax.
- If an order is accepted by Apeironart without a prior offer or if services are carried out which were not expressly included in the order, Apeironart can claim the remuneration that corresponds to its currently valid price list or its usual remuneration.
- The scope of a specific order is contractually agreed in each individual case. Subsequent changes to the service content of the order require written confirmation by Apeironart. Within the framework specified by the contractual partner, Apeironart has freedom of design when fulfilling the order.
- Apeironart is entitled to have the tasks incumbent on it performed in whole or in part by third parties. The third party is paid exclusively by Apeironart itself. There is no direct contractual relationship of any kind between the third party and the contractual partner.
- The contractual partner undertakes not to enter into any kind of business relationship with persons or companies that Apeironart uses to fulfill its contractual obligations during and up to three years after the termination of this contractual relationship. In particular, the contractual partner will not commission these persons and companies with such or similar consulting services that Apeironart also offers.
5. Contract processing, obligation to provide information from Apeironart / declaration of completeness.
- All of Apeironart’s services, in particular all preliminary drafts, sketches, final artwork, brush prints, blueprints, copies, color prints and electronic files, etc., must be checked by the contractual partner and approved by him within three working days of receipt by the contractual partner. In the absence of timely feedback, these are deemed to have been approved.
- The contractual partner will also inform Apeironart comprehensively about previous and / or ongoing consultations – also in other specialist areas. The contractual partner will make all information and documents available to Apeironart in a timely and complete manner that are necessary for the provision of the service. He will inform you of all circumstances that are important for the execution of the order, even if they only become known during the execution of the order. The contractual partner bears the expense that arises from the fact that work has to be repeated or delayed by Apeironart as a result of incorrect, incomplete or subsequently changed information.
- The contractual partner is also obliged to check the documents (photos, logos, etc.) made available for the execution of the order for any copyrights, trademarks, trademarks or other rights of third parties (rights clearing) and guarantees that the documents are free from third party rights and can therefore be used for the intended purpose.
- Apeironart is not liable in the event of slight negligence or after fulfilling its warning obligation – at least in the internal relationship with the contractual partner – for a violation of such third party rights through the documents provided. If Apeironart is sued by a third party due to such a violation of the law, the contractual partner must indemnify and hold Apeironart harmless and support it in defending against any claims by third parties. For this purpose, the contractual partner provides Apeironart with all documents without being requested to do so.
- After completion of the agreed order, Apeironart receives a fee in accordance with the agreement between the contractual partner and Apeironart. The fee is due when the invoice is issued by Apeironart.
- Apeironart will issue an invoice entitling the input tax deduction with all legally required features. Any cash out-of-pocket expenses, expenses, travel expenses, etc. are to be reimbursed by the contractual partner against an invoice from Apeironart.
- If the agreed order is not carried out for reasons on the part of the contractual partner or due to a justified premature termination of the contractual relationship by Apeironart, Apeironart retains the right to payment of the entire agreed fee less saved expenses.
- In the event of an hourly fee being agreed, the fee is to be paid for the number of hours that can be expected for the entire agreed order, minus the saved expenses. The saved expenses are agreed at a flat rate of 30 percent of the fee for those services that Apeironart has not yet performed on the date of the termination of the contractual relationship.
7. Social Media
8. Duration of the Contract
- This contract ends with the conclusion of the order.
- Regardless of this, the contract can be terminated at any time for important reasons by either party without observing a period of notice. In particular, an important reason is
- if a party to the contract violates essential contractual
- if insolvency proceedings are opened against a party to the
contract or the bankruptcy petition is rejected for lack of cost
- if a party to the contract violates essential contractual
9. Protection of concepts and ideas, protection of intellectual property
- If the contractual partner has already invited Apeironart to create a concept in advance and Apeironart complies with this invitation before the main contract is concluded, this is subject to the following conditions:
- The potential contractual partner and Apeironart enter into a contractual relationship (“pitching contract”) as soon as Apeironart has received and accepted the invitation; these terms and conditions also apply to this.
- The potential contractual partner acknowledges that Apeironart is already providing cost-intensive preliminary work with the concept development, although it has not yet assumed any performance obligations.
- The concept, in its linguistic and graphic parts, is subject to the protection of copyright law as far as it reaches this level; Use and processing represent a violation of the copyright law and is therefore not permitted.
- The concept also contains advertising-relevant ideas. In particular, advertising keywords, advertising texts, graphics and illustrations, advertising materials, etc. are regarded as ideas within the meaning of this agreement, even if they are not as high as possible. The potential contractual partner undertakes to refrain from using these advertising ideas presented by Apeironart within the framework of the concept itself or through third parties or having them used or used.
- If the potential contractual partner takes the view that the ideas presented by Apeironart are not the ideas of Apeironart, they must inform Apeironart of this in writing within 14 days from the day of the presentation, citing evidence that allows a time allocation. In the absence of such notification, it can be assumed that the ideas are the intellectual property of Apeironart. If these ideas are used by the contractual partner, it can be assumed that Apeironart was merited and therefore point 4.4 applies.
- The copyrights to the works created by Apeironart and its employees and commissioned third parties (in particular offers, reports, analyzes, expert opinions, organizational plans, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with Apeironart. They may only be used by the contractual partner during and after the termination of the contractual relationship for the purposes covered by the contract. The acquisition of usage and exploitation rights to services from Apeironart always requires full payment of the fees charged by Apeironart for this.
- In this respect, the contract partner is not entitled to reproduce and / or distribute the work (s) without the express consent of the seller. In no case will Apeironart be liable to third parties through unauthorized duplication / distribution of the work – in particular for the correctness of the work.
- If the contractual partner breaches these provisions, Apeironart is entitled to terminate the contractual relationship prematurely immediately and to assert other statutory claims, in particular for omission and / or compensation.
- The contractual partner is liable to Apeironart for any unlawful use in double the amount of the fee appropriate for this use.
- Apeironart is entitled to refer to Apeironart and, if necessary, to the author on all advertising material and in all advertising measures, without the contractual partner being entitled to any remuneration.
- Apeironart is entitled, subject to the contractual partner’s written revocation at any time, to refer to the existing or previous business relationship with the contractual partner on its own advertising media and in particular on its Internet website with the name and company logo (reference).
11. Place of Performance and delay
- The place of fulfillment for all obligations to be fulfilled by Apeironart and its contractual partners is A-6020 Innsbruck / Austria.
- Unless expressly agreed as binding, specified delivery or service deadlines are only approximate and non-binding. Binding appointments are to be recorded in writing or confirmed in writing by Apeironart.
- If a service is delayed due to a circumstance for which Apeironart is not responsible, the service time is extended appropriately, even without separate declarations, without Apeironart being responsible for any legal consequences whatsoever – even if Apeironart is already in default with other obligations; if the execution of the order is unreasonably difficult, Apeironart is entitled to withdraw from the contract, excluding claims for damages.
- In the event that Apeironart is in default, the contractual partner can either request fulfillment or withdraw from the contract after a reasonable grace period of at least four weeks set in writing – with reference to the legal consequences. Apeironart can in any case – without triggering the consequences of delay – make its performance dependent on the receipt of conditional down payments, on the fulfillment of all other contractual obligations as well as on the timely payment of other claims.
- If a credit check of the contractual partner by Apeironart or its insurer gives a negative result, it can in any case make the service dependent on the complete advance payment or the delivery of a suitable bank guarantee in the original.
- As far as legally permissible, claims for damages – this in any case in the case of slight negligence – due to a delay on the part of Apeironart are excluded.
- If the performance is impossible, all contractual obligations expire. If the impossibility – but also a delay in performance – is caused by the Apeironart contractor, the contractual partner is not entitled to any claim for damages.
- Apeironart Apeironart is entitled to perform partial services and also to issue partial invoices.
- If the contractual partner does not accept the contractual service at the right place or at the right time, Apeironart can also withdraw from the contract by setting a grace period of 14 days.
12. Payment, late payment and offsetting
- Unless the contract provides otherwise, the entire fee is due within 10 days of the invoice date without any deductions; a cash discount is not permitted. Discounts of any kind, including discounts, granted in individual cases do not give rise to any entitlement of the contractual partner to future granting of the same. All payments must be made to an Apeironart bank account.
The contractual partner may not offset their claims against claims from Apeironart. Apeironart can, at its own discretion, offset payments against your outstanding claims, regardless of their dedication.
- In the event of non-payment of a due claim by the contractual partner, all other claims are also due immediately without express notice. The same applies in the event of a significant deterioration in the contractual partner’s financial circumstances or in the event of enforcement measures against his property.
- The default in payment occurs automatically without a separate declaration. Interest on arrears will be charged at 8% p.a. agreed; any higher damage is to be compensated.
- In the event of default, the contractual partner is obliged to reimburse Apeironart for all dunning and collection costs incurred, including the costs of a lawyer or debt collection company, insofar as they are necessary for appropriate legal prosecution.
- Unless special agreements are made, the statutory warranty period applies.
- Defects are to be reported to Apeironart in writing within eight days; In the case of obvious defects, this period runs from the provision of the service and in the case of hidden defects from discovery; in the case of acceptance, open defects must be reported immediately.
- Apeironart can meet his warranty obligation as follows:
- Addendum to the missing
- Apeironart does not have any further obligations within the scope of the warranty – as far as legally permissible.
- It is incumbent on the contractual partner to check the performance for its legal, inparticular competition, trademark, copyright and administrative law admissibility. Apeironart is only obliged to carry out a rough check of legal admissibility. Apeironart is not liable in the event of slight negligence or after fulfilling a possible warning obligationvis-à-vis the contractual partner for the legal admissibility of content if this was specified or approved by the contractual partner.
- The right to recourse against Apeironart in accordance with Section 933b Paragraph 1 ABGB expires one year after delivery / service. The contractualpartner is not entitled to withhold payments due to complaints. The presumptionregulation of § 924 ABGB is excluded.
14. Compensation and Product Liability
- In the event of compensation, Apeironart is only liable for intent or gross negligence. Liability for slight negligence is excluded; as well as compensation for consequential damage and financial loss, loss of interest and damage from third party claims against the contractual partner.
- Any liability on the part of Apeironart for claims that are raised against the contractual partner on the basis of the service provided by Apeironart (e. g. advertising measures) is expressly excluded if Apeironart has complied with its notification obligation or it was not recognizable, whereby slight negligence is not harms. In particular, Apeironart is not liable for litigation costs, the contractual partner’s own legal fees or the costs of the publication of judgments as well as for any claims for damages or other claims by third parties; the contractual partner must indemnify and hold Apeironart harmless in this regard.
- Claims for damages by the contractual partner expire six months after knowledge of the damage; at least after three years from the act of infringement by Apeironart.
- In the case of gross negligence, liability for damage is also limited to the netinvoice amount.
15. Choice of law and place of jurisdiction
- The application of material Austrian law to the exclusion of the provisions of Austrian international private law is agreed for all contracts concluded between Apeironart and its contractual partners and for all claims resulting from the legally valid existence or non-existence of these contracts.
- The responsible court for A-6020 Innsbruck is agreed as the exclusive place of jurisdiction for all legal disputes arising from a contract concluded or to be concluded on the basis of these terms and conditions between Apeironart and its contractual partner. Apeironart can, however, prosecute the contractual partner at another domestic or foreign place of jurisdiction.
16. Other provisions
- If provisions of the agreement are or will not be legally effective or if there is a loophole, the remaining provisions will remain in effect. Instead of the ineffective provision or to fill the gap, an appropriate provision is deemed to have been agreed which comes closest to the hypothetical will of the contracting parties or which would have been agreed according to the meaning and purpose of the agreement if the point had been considered.
- Apeironart can transfer its rights and obligations in whole or in part to third parties at any time; a transfer by the contractual partner is only permitted with the consent of Apeironart.
- The legal remedy for annulment of the contract due to error is excluded.
- Insofar as designations relating to natural persons are only given in male form in these terms and conditions, they refer to women and men in the same way. When using the designation on certain natural persons, the gender-specific form must be used.
II.) Terms and Conditions for Artists or Art sellers
Apeironart GmbH, FN 539885 z of the Regional Court Innsbruck, Müllerstrasse 26/4 Tür 10, 6020 Innsbruck, (“Apeironart” for short) operates an internet platform within the framework of the homepage www.apeironart.eu (“Page” for short).
Apeironart offers www.apeironart.eu for voluntary and non-binding use without guarantee. The aim of www.apeironart.eu is to enable Apeironart’s partners – artists, art dealers and galleries (“sellers” for short) to exhibit and sell their art objects.
Apeironart makes the services available voluntarily and without any obligation; she is free to discontinue, amend or add to these services in whole or in part at any time without prior notice and without giving reasons. Any claims for damages by artists – for whatever legal reason – are therefore completely excluded.
each time they visit the site. As a result, the user unconditionally accepts these GTU in full before each use of the site and its services. The use of the site automatically results in the acceptance of the present GTU by the user.
3. Description of the services
The website www.apeironart.eu offers users the opportunity to view various artworks offered for sale by sellers on the website and to submit purchase offers for the works offered for sale. A purchase contract is concluded in any case using the general terms and conditions, which are available at www.apeironart.eu / Terms and Conditions.
The prerequisite for using the Internet platform at www.apeironart.eu is registration with a user ID and password (“Account” for short); the user receives this from Apeironart.
The data for the access authorization are to be treated confidentially by the user and not passed on to third parties. If this data is misused through the fault of the user, he is liable for any damage that may occur.
The user has no right to permanent accessibility of www.apeironart.eu, Apeironart is free at any time to switch off the server temporarily or permanently and to change, delete or expand the content stored there. The user has to procure the required internet browser software himself. The user bears the costs incurred for downloading and uploading provider and telecommunications fees himself.
4. Disclaimer of liability and warranty
Apeironart assumes no liability and guarantee – of whatever kind – for the topicality, completeness, punctuality, availability, accuracy or correctness of the – also from the artists – on www.apeironart.eu or on the relevant sub- or addition -Homepages provided data and information.
For errors in hardware and software as well as for their malfunctions or missing functions of the same that arise when using the services of www.apeironart.eu online, or for other damages, in particular those that are caused by the use of third parties for Apeironart assumes no liability
5. User liability
Each user bears full responsibility, in particular for content, for the articles, information and data of any kind written via his account and published in connection with www.apeironart.eu as well as for all other publications within the framework of www.apeironart.eu.
6. Intellectual Property
The copyrights to the works created by Apeironart and its employees and commissioned third parties (in particular offers, reports, analyzes, expert opinions, organizational plans, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with Apeironart.
7. Third Party Involvement
Apeironart is entitled to commission third parties, in particular with the provision of its maintenance and support for parts or the entire range of its services within the framework of the internet platform, in particular from www.apeironart.eu.
Data protection (see point 9) remains unaffected.
Electronic attacks of any kind on the platform, the database, the network or any related data from Apeironart or on the data of individual users are strictly prohibited.
Every electronic attack leads to an immediate exclusion of the user and will in any case be prosecuted under civil and criminal law.
9. Other provisions
All disputes from and in connection with the use of the homepage www.apeironart.eu as well as the sub-homepages and the services will be decided exclusively by the court responsible for A-6020 Innsbruck; Apeironart can also take legal action against the user at any other legal place of jurisdiction.
Austrian law is expressly agreed with the exception of Austrian international private law and the provisions of the UN sales law.
10. Data Protection and Data processing
The personal data of the contractual partner relevant for the business relationship (name, address, e-mail address, date of birth, account data, credit card data, etc.) are processed by Apeironart in accordance with Art 6 Paragraph 1 lit b GDPR for the fulfillment of the contract, in particular for communication, for invoicing, for making purchases, during the shipping or return process, stored and processed. In order to process any warranty and compensation claims, the data is stored for 40 months from the date of the respective contract conclusion and then deleted.
Apeironart also reserves the right, in accordance with Section 107 (3) of the Telecommunications Act (TKG) and in accordance with Article 6 (1) lit f GDPR, to permanently save the aforementioned personal data for its own advertising purposes and to send you interesting offers and information on services and offers from Apeironart to be used by post or e-mail. The user can object to the processing of his data for this purpose when it is collected and at any time thereafter by sending an email to firstname.lastname@example.org.
If this is not necessary for the execution of the contract, the user’s data will not be passed on to third parties. The transfer of data to the financial service provider Stripe is particularly necessary for the execution of the contract. It may also be necessary to pass it on to a debt collection agency or a lawyer.
The user has a right to information about the personal data concerning him, to data portability, to correction or deletion of personal data as well as to restriction or objection to the processing of his personal data. The user can exercise these rights by sending an email to email@example.com.
Finally, the user has the right to lodge a complaint with the Austrian data protection authority (Barichgasse 40-42, 1030 Vienna / Austria firstname.lastname@example.org, www.dsb.gv.at).
11. Out-of-court online dispute resolution
We submit to consumers to an alternative dispute settlement procedure at the following alternative dispute settlement body Internet ombudsman: https://www.ombudsmann.at/).
Consumers also have the option of contacting the EU’s online dispute resolution platform: https://ec.europa.eu/odr.
You can also submit your complaint directly to us at the following e-mail address: email@example.com
VAT & Invoicing Aspects *
1.) Private person without VAT – Maximum annual EU income tax thresholds:
Tax free income
Invoice with local VAT (depending on customer country) by Apeironart regarding transaction fee
no invoice obliged, no VAT
Residence country of the artist
2.) A Small business owner with VAT number (EL / ATU / DE number):
10.000 € Greece
35.000 € Austria
22.000 € Germany
Netto invoice by Apeironart regarding transaction fee
Art Seller obligation:
Perform your tax duties in your country accordingly. Transfer of tax liability to small business company origin (GR/AT/DE).
Resident country of the art seller acting as small business owner with local VAT. VAT number will be stored at Apeironart.
3.) A Company, including VAT
Netto invoice by Apeironart. regarding transaction fee
Art Seller / gallery obligation:
Perform your tax duties in your country accordingly
Resident country of the company. VAT number will be stored at Apeironart. VAT confirmation process by local tax authorities apply.