General terms and conditions of business
§ 1 Scope
These terms and conditions apply to all orders placed via the online shop at artbymelina.com with Melina Wuggonig, Art by Melina – Malerei Ebner, 9761 Greifenburg, Austria (hereinafter referred to as "Seller").
§ 2 Contractual Partners and Conclusion of Contract
The purchase agreement is concluded with Melina Wuggonig. The presentation of the products in the shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order. By submitting the order, you are making a binding offer. The contract is concluded upon confirmation by the seller (order confirmation via email).
§ 3 Prices and Payment
All prices are quoted in euros and include VAT, unless otherwise stated. Any additional shipping costs will be shown separately before you complete your order. Payment is made using the payment methods offered during the checkout process.
§ 4 Delivery and Shipping
Original artworks and fine art prints are shipped within [insert delivery time] unless otherwise agreed. For commissioned work (individual portraits), the estimated completion time will be agreed upon individually with you and may vary depending on current workload.
§ 5 Right of withdrawal
Consumers generally have the right to withdraw from this contract within 14 days without giving any reason.
The right of withdrawal does not apply in the following cases:
Goods that have been manufactured according to customer specifications or are clearly tailored to personal needs (this applies in particular to individual commissioned works/portraits based on one's own photograph)
digital content (e.g. video tutorials, online courses), if performance has begun after express consent and you have acknowledged that you thereby lose your right of withdrawal.
For all other products (e.g., ready-made fine art prints as standard goods), the statutory right of withdrawal applies.
[At this point, a complete, legally correct cancellation policy including a sample cancellation form should be added – I would definitely have this checked by the Austrian Federal Economic Chamber (WKO) or a law firm, as formal errors here often lead to warnings.]
§ 6 Retention of Title
The delivered goods remain the property of the seller until full payment has been received.
§ 7 Warranty
The statutory warranty provisions apply. In the case of justified defects, you are entitled to repair, replacement, price reduction or rescission of the contract in accordance with the statutory regulations.
§ 8 Copyright
All artworks, photographs, and content on this website are protected by copyright. The purchase of an original artwork or a fine art print does not include any transfer of usage or reproduction rights. Commercial use, reproduction, or modification requires the express written consent of the seller. In the case of commissioned work (portraits based on customer photographs), the copyright to the finished artwork remains with the seller unless expressly agreed otherwise.
Section 9 Data Protection
Information on the processing of your personal data can be found in the separate privacy policy.
§ 10 Final Provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for disputes with businesses is [insert competent court]. For consumers, the statutory rules of jurisdiction apply.