Conditions

‍ ( 1) The sale and delivery of goods by Jürgen Oman (hereinafter also "us" or "the provider") takes place exclusively on the basis of these terms and conditions. By placing an order, the buyer (also referred to as "the customer") agrees to our general terms and conditions and is bound by them. Deviating conditions of the buyer will be rejected or are only valid if we have agreed to them in writing or in a company-made manner before the contract is concluded.

(2) In general, according to the German Civil Code (BGB), purchases or orders may only be made by persons who are legally considered to be fully capable of entering into contracts. These are typically mentally healthy persons over the age of 18 and all other persons who have received the consent of their legal guardian.
For this reason, by placing his/her order, the buyer guarantees that he/she has the legal capacity required for the purchase. We, the seller, reserve the right to hold the customer harmless in the event of a reversal of the purchase due to an invalid order (lack of legal capacity on the part of the buyer).

‍ Formation of the contract – conclusion of the contract
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‍ (1) All offers are non-binding and subject to change, which means that the presentation of the goods in the online shop does not constitute a binding offer on our part to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.

(2) By submitting the order in the online shop, the customer makes a legally binding offer to which the customer is bound for 8 days. This offer is aimed at concluding a purchase contract for the goods contained in the shopping cart.
By submitting the order, the customer also acknowledges that these terms and conditions are the sole determining factor for the legal relationship with Jürgen Oman.

(3) We confirm receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent our acceptance of the contract offer. It merely serves to inform the customer that we have received the order. Our declaration of acceptance of the contract offer occurs through delivery of the goods or an express declaration of acceptance.

‍ Retention of title

The delivered goods remain the property of Jürgen Oman until full payment has been made.

‍ Prices and due date of payment
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‍ Our sales prices include the statutory Austrian VAT, but not any costs for delivery or shipping. Delivery or shipping costs are charged additionally and based on the specified delivery address. Payment of the invoice amount (purchase price including delivery costs) is due upon conclusion of the contract.

‍ Right of withdrawal (right of cancellation) According to §11 of the FAGG (Distance and Away Sales Act), customers have a 14-day right of cancellation (Austrian: right of withdrawal) for purchases in our shop. This period begins when the order is placed. The decisive factor for compliance with the deadline is either the postmark or the date the cancellation email was sent. To simplify the cancellation process, we provide a cancellation form as an attachment to the order confirmation or on our homepage.

‍ Warranty (complaints) and compensation

‍ ( 1) The customer’s warranty rights are governed by the general statutory provisions, unless otherwise provided below.

(2) The limitation period for warranty claims by the customer is 2 years for newly manufactured goods and 1 year for used goods.

(3) For entrepreneurs, the warranty period for newly manufactured goods and for used goods shall be 1 year.
The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, body or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it.
The above shortening of the limitation periods also does not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The case of recourse is also excluded from the shortening of the limitation periods for entrepreneurs.

(4) Claims for damages in cases of slight negligence are excluded. This does not apply in the case of injury to life, body or health and in the case of claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(5) Provisions of the Product Liability Act (PHG) remain unaffected.

(6) The provider does not provide any guarantee.

(7) Claims for warranty or compensation can be made to us in writing or via e-mail.

‍ Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledging.

on Bill

‍ The customer only has a right of set-off if his/her claim for set-off has been legally established or is undisputed.

‍ Choice of law & jurisdiction

‍ ( 1) The contractual relationship between us – Jürgen Oman – and the customer is subject to Austrian law. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his/her habitual residence.

(2) The application of the UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. Austrian law applies.

(3) The place of jurisdiction for all disputes shall be the registered office of our company, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

In particular:
‍ Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and Section 36 VSBG:

‍ The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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(4) The place of performance for our services is the registered office of our company (Austria).

‍ Severability clause
Should individual provisions of these General Terms and Conditions be or become void, ineffective or contestable, the remaining provisions shall remain unaffected and shall then be interpreted or supplemented in such a way that the intended economic purpose is achieved as precisely as possible in a legally permissible manner.
Subject to changes, typesetting and printing errors.

License scope The wallpapers offered on our website are licensed exclusively for private use. By purchasing a wallpaper, you receive the non-exclusive, non-transferable right to use the image on your personal devices such as smartphones, tablets and desktop computers.

Prohibited uses It is expressly forbidden to use the purchased wallpapers for the following purposes:

• Publication on websites, blogs or social media.
• Use in commercial projects or on platforms that generate monetary profit.
• Resale, sublicense or distribution of the images to third parties.
• Editing, modifying or creating derivative works based on the background images.

Intellectual Property Protection All rights to the wallpapers, including copyright, remain with us or our licensors. Any unauthorized use of the images constitutes a violation of copyright and may result in legal consequences.

Individual usage rights If you would like to use the wallpapers for purposes other than private use, please contact us. We offer tailor-made solutions to meet your specific requirements.

Jürgen Oman
Trench 33
4020 Linz
‍ Email: shop@nonhuman.art