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. Differing conditions from the buyer will be rejected or will only be valid if we have agreed to them in writing or in writing before the contract is concluded.

(2) In general, according to the German Civil Code (BGB), purchases or orders may only be made by people who are legally considered to have full legal capacity. These are typically mentally healthy people over the age of 18 and all other people who have received the consent of their legal guardian.
For this reason, by placing his/her order, the buyer warrants that he/she has the legal capacity required for the purchase. We, i.e. the seller, reserve the right to indemnify and hold harmless the customer in the event that the purchase is reversed due to an order that is not legally valid (the buyer's lack of legal capacity).

‍ Conclusion of the contract – conclusion of the contract
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‍ (1) All offers are subject to change and non-binding, 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 simply asked to submit an offer by placing an order.

(2) By submitting the order in the online shop, the customer makes a binding offer in the legal sense, 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 recognizes these terms and conditions as the sole authoritative 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 constitute acceptance of the contract offer by us. It merely serves to inform the customer that we have received the order. Our declaration of acceptance of the contractual offer occurs through the 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 dates for payment
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‍ Our sales prices include the statutory Austrian VAT, but do not include delivery or delivery costs. Delivery costs are charged additionally and based on the delivery address provided. Payment of the invoice amount (purchase price including delivery costs) is due upon conclusion of the contract.

‍ Right of withdrawal (right of withdrawal) According to §11 of the FAGG (Distance and Away Business Act), the customer is entitled to a 14-day right of withdrawal (Ö: right of withdrawal) when making purchases in our shop. This period begins when he/she places his/her order. The decisive factor for meeting the deadline is either the postmark or the date the cancellation email was sent. To make the cancellation process easier, we provide a cancellation form as an attachment to the order confirmation or on our homepage.

‍ Warranty (complaint) and compensation

‍ ( 1) The customer's warranty rights are based on the general legal regulations, unless otherwise specified below.

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

(3) For entrepreneurs, the warranty period for newly manufactured items and used items is 1 year.
The above shortening of the limitation periods does not apply to the customer's claims for damages 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 goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain 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. In the case of entrepreneurs, recourse is also excluded from the shortening of the limitation periods.

(4) Claims for damages in cases of slight negligence are excluded. This does not apply in the event of injury to life, body or health or in the event of claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. Also excluded from the exclusion of liability is liability for damages that are 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) A guarantee is not declared by the provider.

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

‍ Prohibition of assignment and pledging

‍ The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis 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 the right to offset if his/her claim for offset has been legally established or is undisputed.

‍ Choice of law & place of jurisdiction

‍ ( 1) Austrian law applies to the contractual relationships between us – Jürgen Oman – and the customer. The mandatory consumer protection regulations of the country in which the customer has his or her habitual residence are excluded from this choice of law.

(2) The application of the UN Convention on Contracts for the International Sale of Goods as well as all provisions that refer 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 is the headquarters of our company if the customer is a merchant, a legal entity under public law or a special fund under public law.

In particular:
‍ Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:

‍ The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr find. 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 headquarters 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 remain unaffected and must 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.

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