General
Terms &
Conditions
Zeichenfabrik Shop for Art & Design General Terms and Conditions for Buyers
Last revised: February 13, 2025
These Terms and Conditions apply to users, who purchase works of art on our platform. If you are offering works of art for sale, the Terms and Conditions for Sellers, available here, shall apply.
1. Contractual Partner
The operator of the Zeichenfabrik Shop for Art & Design is:
Zeichenfabrik Ausbildungsstätte für Kunst GmbH
Flachgasse 35-37/4-5
1150 Vienna
Austria
FN 468014g, Commercial Court Vienna
UID No.: ATU72060235
Email: buero@zeichenfabrik.at
(hereinafter referred to as „Zeichenfabrik“, „Zeichenfabrik Shop“, "we" or "us")
2. Subject of the Contract
2.1.1 The Zeichenfabrik Shop for Art & Design provides an online platform for contemporary art, design objects, and handcrafted unique pieces. Artists, designers, and artisans (hereinafter "sellers") offer their products on our platform; other users (hereinafter "buyers") can purchase these products. Sales are conducted in the name and on behalf of the sellers (hereinafter "marketplace model").
2.1.2 In addition to the marketplace model, Zeichenfabrik may also act as a seller. This will be indicated accordingly in the respective offer. In such cases, the purchase agreement is concluded directly between you and Zeichenfabrik.
2.2 These terms govern the legal relationship between us and you whenever you purchase a product through the Zeichenfabrik Shop. Deviating conditions from buyers only apply if we explicitly agree to them in writing.
2.3 Marketplace model: All contracts concluded via the Zeichenfabrik Shop, unless otherwise indicated, are exclusively between the seller (external provider) and the buyer. We are not a party to these contracts. We do not act as a reseller, representative, or broker for our users. Shipping is carried out by the sellers. Claims related to the purchase agreement (e.g., warranty, defects, incorrect or missing delivery) must always be directed to the seller.
Our service consists of providing the Zeichenfabrik Shop, facilitating sales and purchase opportunities, and assisting in processing sales. We receive a commission from sellers for successful mediation.
2.3a Sales by Zeichenfabrik: In cases where it is explicitly stated that Zeichenfabrik acts as the seller, the purchase agreement is directly between you and Zeichenfabrik. Shipping is carried out by us. Claims related to this purchase agreement (e.g., warranty, defects, incorrect or missing delivery) must be directed to us in such cases.
All user inquiries related to a contract concluded via our platform will be forwarded to the respective contractual partner. If Zeichenfabrik itself is the seller, we are your direct contact point.
2.4 We reserve the right to expand, improve, or replace the services offered by the Zeichenfabrik Shop with equivalent alternatives.
2.5 The availability of the Zeichenfabrik Shop depends on the operation and load of the internet and network infrastructure, over which we have limited control. We do not guarantee constant accessibility of the Zeichenfabrik Shop but strive to resolve outages promptly.
2.6 We reserve the right to temporarily restrict access to and services of the Zeichenfabrik Shop for maintenance, updates, security, and system integrity. For extended maintenance periods, we will notify you in advance.
3. Purchasing Products, Prices
3.1 You can browse the Zeichenfabrik Shop and purchase products without registering for a user account. However, selling products on our platform requires registration.
3.2 You must be of legal age or act with the consent of your legal representative to use our platform.
3.3 Sellers offer buyers contemporary original artworks, limited editions, design objects, and handcrafted unique pieces. All offers in the Zeichenfabrik Shop are non-binding and subject to product availability.
3.4 By clicking „Checkout now“ (in the Zeichenfabrik shopping cart) or "Pay" during checkout with our payment service provider Stripe, you submit a binding offer to purchase the respective products in your shopping cart. You will receive an email confirmation that your offer has been received. You are bound to this offer for 48 hours.
3.5 We notify the seller of your offer and verify the product's availability (or verify it ourselves if we are the seller).
3.6 A purchase agreement between you and the seller is concluded only when the seller (or Zeichenfabrik, if acting as the seller) accepts the offer. We will inform you of the acceptance via email ("Availability Confirmation"). Your payment method will only be charged at this point.
3.7 If the offer is not accepted within 48 hours, we will inform you via email that the requested product is unavailable. In this case, no contract is concluded.
3.8 The prices displayed in the order summary apply. These include VAT, packaging, and shipping costs. Prices consist of the seller’s set price for the product plus a surcharge for packaging, shipping, and applicable taxes. If Zeichenfabrik acts as the seller, the final price is set directly by us.
3.9 We coordinate with the seller for product shipment (or handle the shipment ourselves if we are the seller). Unless otherwise indicated, delivery is only possible within the EU. Products are delivered to the address specified by the buyer at the time of order. In marketplace model sales, the seller is solely responsible for safe packaging and timely shipment of the product; in sales by Zeichenfabrik, we assume responsibility for packaging and shipping. Upon receipt, you must inspect the product for damage and report any claims to us within 48 hours at buero@zeichenfabrik.at, including a detailed description and photos of the damage.
4. Payment, Default
4.1 You agree to pay the total purchase amount within three business days of the seller’s acceptance of your offer via the payment methods provided to an escrow account managed by the payment service provider Stripe.
4.2 The product remains the property of the respective seller or Zeichenfabrik (if acting as the seller) until full payment is received. The artwork is shipped only after the total amount has been credited to our account.
4.3 If the amount is not or only partially credited to us within three business days after the availability confirmation, the seller (or Zeichenfabrik, if acting as the seller) may withdraw from the purchase.
4.4 You will receive an invoice for your purchase from the seller or Zeichenfabrik (if acting as the seller).
5. Withdrawal/Revocation Rights
5.1 If you are a consumer under the Consumer Protection Act, you have the right to withdraw from a purchase agreement concluded via the Zeichenfabrik Shop within 14 days without providing a reason.
5.2 To exercise the right of withdrawal, follow the withdrawal instructions provided during the order process and sent with the order confirmation email. You can send the withdrawal declaration to us at buero@zeichenfabrik.at. We are authorized to accept this on behalf of the seller or process it directly if we are the seller. We will notify the seller of the withdrawal or handle the withdrawal and refund process directly.
5.3 The statutory withdrawal right may not apply to custom-made items if the legal requirements are met.
6. Liability and warranty
6.1 We are only liable to you for damage which we or our vicarious agents caused intentionally or through gross negligence. We strive to protect our platform with all reasonable security measures, based on the latest technology, from attacks by hackers and viruses.
6.2 If you are a contractor, as defined in KSchG [Consumer Protection Act], the following applies: Liability for lost profit and consequential damage, where legally admissible, is excluded. Compensation is limited to damage typical of the contract, which we should have anticipated when concluding the contract as a result of the circumstances as known at the time.
6.3 You hereby take note that we can only check photos, data and descriptions of the works of art entered or provided by the Vendors for plausibility, but not for accuracy. We are not obliged to check these contents for accuracy, completeness and lawfulness. We are not liable and do not assume any guarantee for the accuracy and/or completeness of these contents. Similarly, we are not liable and do not assume any guarantee for any specific usability of the entered contents and the correctness of decisions based on them.
6.4 We do not assume any liability for the availability of works of art, the accuracy and completeness of the product description or a specific business outcome from use of the Zeichenfabrik Gallery.
6.5 You are aware that all contracts which you conclude with another user of the Zeichenfabrik Gallery exclusively arise between you and this user. We are not a party to this contract and are not therefore liable for the conclusion or enforceability of this contract. Nor are we liable for the composition, freedom from defects, quality, safety or lawfulness of the subject of the respective contract. You should contact the respective Vendor with any claims.
6.6 You are liable to us for any damages and additional costs resulting from having culpably frustrated timely acceptance of the work of art.
7. Offsetting of claims
You can only offset our claims against your own claims which are legally related to your commitment, have been established in court or recognized by us, or in the event of our insolvency. If you are a contractor, as defined in KSchG [Consumer Protection Act], the following provision applies at variance from the above: offsetting against your own claims is excluded.
8. Language of contract, dispute resolution, applicable law, court of jurisdiction
8.1 The language of the contract is German. Versions of these Terms and Conditions in other languages merely serve as guidance. The German version is solely applicable.
8.2 In the event of individual provisions of these General Terms and Conditions being legally invalid, this shall not affect the validity of the remaining provisions or contracts concluded with the client based on these Terms and Conditions. A provision which comes closest to the ineffective provision (in compliance with the economic purpose) in a legally admissible way shall replace any ineffective provision.
8.3 The competent arbitration bodies for consumers in respect of transactions concluded on our platform are:
Online ombudsman
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Phone: +43 1 595 211 275
Fax: +43 1 595 21 12 99
Email: kontakt@ombudsmann.at
“Arbitration for Consumer Transactions” Association
Mariahilfer Strasse 103/1/18, 1060 Vienna
Phone: +43 (0)1 890 63 11
Fax: +43 (0)1 890 63 11 99
office@verbraucherschlichtung.at
Participation in dispute resolution procedures is decided on a case-by-case basis by us and the sellers represented on the Zeichenfabrik Shop.
8.4 The European Commission provides a platform for online dispute resolution for consumers, available at https://ec.europa.eu/odr.
8.5 This agreement is governed exclusively by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law provisions referring to non-Austrian law.
8.6 Place of performance for the availability of this platform and its functions is the head office of Zeichenfabrik Ausbildungsstätte für Kunst GmbH. The relevant competent court at the head office of Zeichenfabrik Ausbildungsstätte für Kunst GmbH has jurisdiction for any disputes arising under this agreement, including the matter of effective conclusion and termination hereof. If you are a consumer, as defined in KSchG [Consumer Protection Act], and have your domicile or usual residence in Austria, or are employed in Austria, action can only be brought against you, the above notwithstanding, by courts in the judicial district in which you have your domicile, usual residence or place of employment.