Terms and Conditions
Please note, the following terms are not valid for purchases of font files.
For font purchases see our END USER LICENCE AGREEMENT (EULA).
General Terms and Conditions of Business (GTCs) – Process Gallery
The objective of our GTCs is to govern the relationship between us in a fair and binding manner.
Applicability
The version of the following General Terms and Conditions, which is in effect at the time of the order, shall exclusively apply to the business relationship between Process – Studio for Art and Design OG, trading under the brand name: “Process Gallery” (hereinafter referred to as “Process Gallery“) and the buyer. Process Gallery will not recognize any conflicting Terms and Conditions of the buyer, unless Process Gallery has expressly agreed to their application in writing.
Distancing from Linked Sites
Process Gallery makes no guarantee and assumes no liability for content (links) provided by third parties. This declaration applies to all links on our website.
All rights are reserved. All pictures, graphics, and content, as well as the layout of the entire website, are subject to copyright protection.
Contract Formation
Your order constitutes an offer to enter into a purchase agreement with us. When you place an order with Process Gallery, we send you an e-mail confirming our receipt of your order and listing its details (order confirmation).
Right of Cancellation
You have the right to cancel this Agreement within 14 days without providing reasons.
The cancellation period is 14 days from the date on which you or a third party designated by you – which is not the carrier – takes possession of the goods.
To exercise your right of cancellation, you must inform us (Process – Studio for Art and Design OG, c/o Funkensprung Coworking, Hütteldorfer Str. 63-65/4, 1150 Vienna, Austria, e-mail: hello@process.studio) by sending us clear and unambiguous notice of your decision to cancel this Agreement (e.g. a letter sent by regular mail or e-mail).
To meet the cancellation deadline, it is sufficient if you dispatch the cancellation notice before the expiration of the cancellation period. A sample form for exercising your right of cancellation can be found under the appropriate item.
Consequences of Cancellation
In the event of a valid cancellation, anything received by either party in performance of the Agreement must be returned. If you cannot return some or all of the goods or can only return them in deteriorated condition, you must pay restitution to us in this regard. You need only make restitution for deterioration of the item and use of the item to the extent that such use or the deterioration is attributable to handing the item in a manner that goes beyond examining its characteristics and functionality.
If you cancel this Agreement, we must promptly return all payments we have received from you, including delivery costs – with the exception of any additional costs incurred because you chose a mode of delivery other than the one we offered and any additional taxes in individual cases (e.g., in the case of an intra-Community purchase) and/or charges (e.g., customs duties) – no later than within 14 days from the date on which we received the notice of your cancellation of this Agreement. We shall use the same means of payment for the refund that you used for the original transaction, unless otherwise expressly agreed upon with you. In no case will you be charged any fee for this refund. We can refuse to make the refund until we have received the goods back or until you provide proof that you have sent the goods back, whichever comes first.
You must return or hand over the goods promptly, in any event, no later than within 14 days from the date you notify us of the cancellation of the Agreement. The deadline is deemed to have been met if you dispatch the goods before the expiration of the 14-day period. You shall bear the direct costs of sending the goods back. You need only pay for any loss in the value of the goods if this loss in value is attributable to handling the goods for any purpose other than to examine their quality, characteristics, and functionality. For purposes of protection, the goods must only be returned in the original special packaging in which they were delivered, using all protective materials.
Sample Cancellation Form
If you wish to cancel the Agreement, we request that you send a letter with the following information to:
Process – Studio for Art and Design OG
c/o Funkensprung Coworking
Hütteldorfer Str. 63-65/4
1150 Vienna, Austria
I/we (*) hereby cancel the Agreement entered into by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name(s) of the consumer(s)
Address(es) of the consumer(s)
Signature(s) of the consumer(s) (only for notifications on by letter)
Date
(*) Delete whatever does not apply
Shipping and Delivery
We make every effort to ship the goods within 10 business days after confirmation from:
Process – Studio for Art and Design OG
c/o Funkensprung Coworking
Hütteldorfer Str. 63-65/4
1150 Vienna, Austria
The packaging is a sturdy tubular sleeve made of spiral-wound cardboard. The cardboard tube is closed with a push-in lid or similarly suitable packaging. The packages are insured and are traceable as Austrian Post packages.
A buyer who is not a consumer must promptly examine the goods for damage. If there is obvious damage, which is not noticed until after acceptance, the buyer must notify us of this within five days of acceptance. If the buyer fails to do so, notice of defects for such obvious damage is excluded.
Due Date and Payment
The party placing the order shall pay the purchase price by bank transfer before delivery (prepayment) or by PayPal, credit card or any other method made available by the shop software. Purchase against invoice can be arranged for business customers on a case-by-case basis, following a review by Process Gallery. Unless otherwise stated on the invoice, the purchase price shall be due within 14 days of the invoice date.
Packaging and Shipping Costs
The delivery and shipping costs incurred are not included in the purchase price and are shown separately during the ordering process and must also be paid by you.
In individual cases solely involving cross-border deliveries, you may have to pay additional taxes (e.g., in the event of an intra-Community purchase) and/or charges (e.g., customs duties). Payment is not to be made to the seller, but to the competent customs and/or tax authorities.
Reservation of Ownership
The ordered goods shall remain the property of Process Gallery until final payment in full.
Liability
Process Gallery shall only be liable if Process Gallery or one of its agents breaches a cardinal contractual obligation in a manner that jeopardizes the purpose of the Agreement or if a loss is attributable to the gross negligence or wrongful intent of Process Gallery or one of its agents.
Warranty, Proper Treatment
It is assumed you know that all print products and photographs can change appearance and color due to environmental influences. Process Gallery makes no warranty with respect to this unalterable process of change.
Otherwise, the statutory warranty period is two years, commencing with the delivery of the goods. During this period, all defects subject to the statutory warranty obligation shall be eliminated free of charge.
Pictures, print products, and photographs must not be exposed to direct sunlight, in whole or in part, hung directly over heaters or exposed to humidity that exceeds the level in normal living spaces. Accordingly, pictures, print products, and photographs are not suitable for outside areas, basement rooms, bathrooms, and kitchens.
If a damaged product is delivered to a buyer, it can be replaced free of charge. To do so, the original product must be returned to Process Gallery. As soon as it is received, a new copy will be sent to the customer. The shipping costs for the return and the new consignment shall be borne by Process Gallery.
Ownership Rights and Rights of Use
When you purchase an art print, you only acquire in rem ownership of this work of art. No further rights of use are granted. Reproduction (duplication), making the item available to the public, and other analog or digital forms of exploitation are prohibited.
Copyright Protection
The art prints are copyright protected. The buyer is not entitled to reproduce, rent, or lend the works of art, or make them available to the public.
Certificate of Authenticity
When the buyer purchases limited edition works, the buyer shall receive a certificate of authenticity.
Collection, Processing and Use of Personal Data
The data and information we receive from you help us to personalize and continuously improve your purchasing experience with Process Gallery. We use this information to process orders, deliver goods, provide services, and process payments (including with respect to the necessary reviews for purchases on account). We use your information to communicate with you regarding orders, products and Process Gallery marketing offers, and to update our records and maintain and update your customer accounts with us in order to display notepads or shopping cart contents and recommend products or services that may be of interest to you – with your consent.
We also use your information to improve our offerings, prevent or detect misuse of our website and enable third parties to provide technical, logistical, or other services on our behalf.
Applicable Law
Austrian law shall apply, excluding the UN Convention on the International Sale of Goods. If the buyer is not a consumer, it is agreed that the Commercial Court of Vienna shall have jurisdiction.
Methods of Payment
The prices listed in the respective offers are final prices. They include all price components, including taxes incurred, such as the value-added tax.
As of September 25, 2020