Terms and Conditions

This English version is provided as a courtesy translation. The German version („Allgemeine Geschäftsbedingungen“) is the legally binding version.

Seller: Simon Marcel Schlieber, Bienengasse 5, Top 6, 1060 Vienna, Austria Phone: +43 (0) 720 347 381 · Email: mail@simon-simons.com (“Seller”)

1. Scope

1.1. These terms and conditions (“Terms”) apply to all orders, sales and deliveries of products offered through the web shop at simon-simons.com (“Shop”).

1.2. These Terms apply where the buyer is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) (“Customer”).

1.3. The contract language is German. An English translation of the contract documents is provided as a non-binding courtesy; in case of doubt, the German version prevails.

1.4. The Terms published at the time the contract is concluded apply to the sale. The Seller reserves the right to amend these Terms for future orders.

2. Products — limited editions

2.1. The Shop offers the Seller’s fine art photographs as limited, numbered fine art prints (“Works”). Unless stated otherwise for a specific Work, each Work is limited to an edition of 10 prints. Every print is delivered with a signed certificate of authenticity.

2.2. Edition numbers are allocated automatically in the order in which payments are received (“first paid, first served”). There is no entitlement to a specific edition number. Numbers already allocated are not reissued — including after withdrawal, rescission or refund.

2.3. Works are produced to order (format, paper and finish as stated for each Work). Minor, technically unavoidable and objectively justified variations (e.g. minimal colour or trim tolerances) do not constitute a defect; on-screen representations may differ slightly from the printed result.

2.4. A maximum of five different Works, with one print each, may be purchased per order.

3. Ordering and conclusion of contract

3.1. The ordering process comprises the following steps:

• selecting the desired Works and placing them in the cart
• reviewing the cart and, where applicable, entering a discount code
• redirection to the checkout page of our payment provider Stripe
• entering billing, shipping and payment details with Stripe, reviewing and correcting them if necessary
• submitting a binding order by pressing the payment button (“Pay” / “zahlungspflichtig bestellen” or equivalent wording)

3.2. The Works and prices displayed in the Shop do not constitute a binding offer by the Seller but an invitation to the Customer to submit a binding offer (“Order”). By completing the payment process, the Customer submits a binding offer.

3.3. The contract is concluded upon receipt of the order confirmation, which the Seller sends to the Customer’s email address after successful verification of the payment. Any interim message displayed by Stripe after checkout does not constitute acceptance.

3.4. If no contract is concluded (e.g. because the payment fails or the selected Work has sold out in the meantime), any payments already made will be refunded without delay using the same payment method.

3.5. The Customer must ensure that all information provided with the Order, in particular delivery and contact details, is accurate and up to date, and must notify the Seller of any changes without delay.

3.6. After the contract is concluded, the Seller sends the Customer an electronic invoice. The Customer consents to receiving an electronic invoice. No customer accounts are kept; all orders are guest orders.

4. Prices

4.1. All prices are final prices in euros. Due to the Austrian small business exemption pursuant to § 6 para 1 no 27 UStG, no VAT is charged or itemized.

4.2. In addition to the purchase price, shipping costs of EUR 24.90 per order (insured shipping within Austria) apply. Shipping costs are displayed before the Order is submitted and stated in the order confirmation.

5. Discount and promotional codes

5.1. Discount and promotional codes are subject to the conditions communicated when the code is issued. Unless stated otherwise there:

• a code is valid for 30 days from issue and may be redeemed once;
• redemption requires a merchandise value (excluding shipping) of at least EUR 420;
• the discount applies to the merchandise value of eligible Works; shipping costs are not discounted;
• codes cannot be combined with other promotions, are non-transferable and cannot be redeemed for cash;
• unique works and works not offered as editions are excluded.

5.2. In the event of withdrawal or reversal of the contract, the amount actually paid is refunded; a redeemed code is not reinstated.

6. Payment

6.1. Payment is processed by the payment provider Stripe. The payment methods available at any given time (e.g. credit/debit card, Apple Pay, Google Pay and other methods offered by Stripe) are displayed during checkout.

6.2. The purchase price is due upon completion of the payment process. For payment methods with delayed confirmation, the contract is concluded only upon successful payment confirmation and receipt of the order confirmation (section 3.3).

7. Delivery

7.1. Delivery is made exclusively to delivery addresses in Austria by the carrier commissioned by the Seller.

7.2. As the Works are produced to order, the delivery time — unless stated otherwise for a specific Work — is generally 12 to 18 business days from conclusion of the contract (of which approximately 10 to 14 business days are production), but no more than 30 days from conclusion of the contract.

7.3. If failure to meet the delivery period is due to force majeure or other events outside the Seller’s control, the delivery period is extended by a reasonable time for the duration of the impediment. The Seller will inform the Customer of the beginning and end of such circumstances as soon as possible.

7.4. If the Seller is in default, the Customer must first request the Seller to perform within a reasonable grace period of two weeks. If the Seller does not perform within this period, the Customer may withdraw from the contract or continue to demand performance.

8. Retention of title

8.1. The Seller retains title to the Works until the purchase price and ancillary costs (in particular shipping costs) have been paid in full.

9. Right of withdrawal

9.1. Consumers have the statutory right of withdrawal under the Austrian Distance Selling Act (FAGG). The details, the consequences of withdrawal and the model withdrawal form are set out in the Withdrawal Policy, available at simon-simons.com/widerruf and provided to the Customer with the order confirmation.

9.2. The right of withdrawal applies to all Works offered in the Shop. The direct cost of returning the goods is borne by the Customer.

10. Warranty

10.1. The statutory warranty provisions apply (in particular the Austrian Consumer Warranty Act — VGG). For complaints, please contact: mail@simon-simons.com

10.2. The Seller may request that the Customer, where practicable for the Customer, send the defective Works to the Seller; in that case the Seller bears the risk of transport and the cost of the return. The Customer is asked to report obvious transport damage to the carrier and inform the Seller; failure to do so has no effect whatsoever on the Customer’s warranty rights.

11. Liability

11.1. The Seller’s liability for damage caused by slight negligence is excluded; this does not apply to personal injury or the breach of essential contractual obligations. Liability for pure financial loss, loss of profit, damage to third parties, indirect damage and consequential damage is excluded unless caused by the Seller’s gross negligence or intent. Mandatory statutory liability provisions (in particular under the Product Liability Act and the KSchG) remain unaffected.

12. Copyright and rights of use

12.1. With the purchase, the Customer acquires ownership of the physical print. Copyright and exploitation rights in the Work remain with the Seller; no licences or rights of use are granted.

12.2. Reproduction, distribution, public display for commercial purposes or any other exploitation of the Work beyond private use requires the Seller’s prior written consent.

13. Alternative dispute resolution

13.1. With respect to consumers, we submit to alternative dispute resolution proceedings before the following body: Internet Ombudsstelle, www.ombudsstelle.at. Complaints may also be sent by email to mail@simon-simons.com.

14. Applicable law

14.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

15. Final provisions

15.1. The Customer may set off claims against claims of the Seller only where the claims are legally connected, acknowledged or established by a court.

15.2. The Customer must notify the Seller of any change of delivery address for as long as the contract has not been fully performed by both parties. If no notification is made, declarations sent by the Seller to the last known address are deemed received.