I.) Scope:
All our offers, sales, deliveries and services shall be based exclusively on our General Terms and Conditions, even where no explicit reference is made to them. Any arrangements deviating from the aforesaid Terms and Conditions will only be binding if made in writing. In case of contradictions between the various elements underlying the contract, the following order of precedence shall apply:
1. Any special stipulations made in the acknowledgement of order or other correspondence and confirmed by our signature.
2. Our General Terms and Conditions.
3. The relevant non-compulsory provisions of Civil Law.
4. With their order, the customer shall exclusively accept our General Terms and Conditions.
5. The illustrated objects represent only a small excerpt from our range of products. Customers should notice that these objects are offered for sale to other parties as well, and may consequently be out of stock.
II.) Offers, acceptance of order:
1. Our offers and price lists are subject to change without notice, not binding and without engagement.
2. Sale or purchase orders and changes to same, offers, reversals and other stipulations will not be effective without our written confirmation. Silence shall not be deemed as consent.
3. When an order is received via email, the following rules shall apply: the buyer confirms a binding offer of a contract by successfully confirming the purchase via email and accepting the agreed payment method.
III.) Price lists
Our prices are divided into 2 tax categories, i.e. delivery to a third country and intra-Community delivery. The price estimate will depend on the quantity, weight and no. of units indicated in the dispatch data, as well as on the country / place of destination. For orders without any particular price agreement, the prices from our price lists valid on the day of placing the order shall apply. Our prices are net prices in US dollars (deliveries to third countries being exempt from Austrian turnover tax as they count as tax-free exportations). Incurred costs such as customs duties, possible customs examination, taxes, ASF filing etc. shall be borne by the buyer. Unless otherwise agreed or provided for in our General Terms and Conditions, standard shipping includes only provision of the goods “DAP“.
IV. Delivery:
a) Standard delivery is by air freight according to the INCOTERM: DAP –
"Delivered At Place" means that Masterpiece Antiques delivers the goods to the carrier or another person nominated by MA at an agreed place (if any such place is agreed between the parties) and that MA must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.
MA is responsible for everything, including packaging, documentation, export approval, loading charges, and ultimate delivery. The buyer, in turn, takes over risk and responsibility as of the unloading of the goods and clearing them for import. MA also contracts for insurance cover against the buyer's risk of loss or damage to the goods during the carriage.
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b) Masterpiece Exclusive “Door to Door” Service (at customer’s expense) means delivery to an agreed address by the driver, on condition of a suitable access road (*but no transport into the building!) according to the INCOTERM: DDP – "Delivered Duty Paid" means that MA delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination. MA bears all costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.
c) We shall meet the delivery periods indicated to the best of our ability, provided the ordering process has been duly followed and all technical and commercial issues have been clarified. We shall have the right to carry out partial or premature deliveries. In the event that goods ready for shipment or collection cannot be shipped for reasons outside our control, we shall have the discretionary right to store the goods at the cost and risk of the ordering party, in which case delivery shall be deemed as performed. We will not assume any liability for damage done to the goods during intermediate storage, and no change to the stipulated conditions of payment shall ensue.
V.) Performance and passage of risk:
Our obligation of delivery shall be deemed fulfilled if:
a) in case of delivery by our forwarding agent the ordered goods arrive at the place of destination by aircraft and are made ready for unloading by the customer;
b) the ordered goods are not taken over after completion or notification, or cannot be delivered due to customer’s fault;
c) in case of special “door to door“ service by our forwarding partner, the delivery items have been handed over at the agreed address;
or
d) in case of collection by the buyer, an appropriate ready-for-shipment note has been sent to buyer.
The use and price risk shall pass to the buyer with our ready-for-shipment note, but no later than the dispatch of the delivery from our store, independently of the price arrangement made for the delivery.
VI.) Payments:
All purchases are payable immediately and without any deduction. Payment is to be made by means of wire transfer or PayPal, or, if a special agreement is in place, via an escrow account or a bank guarantee (Letter of Credit). Delivery shall be done once the payment has been received. If the buyer‘s financial situation becomes critical or if they are in default with the agreed payments, we shall be entitled:
a) to postpone fulfillment of our own duties until the outstanding payments are effected;
b) to demand a prolongation of the delivery period;
c) to declare the immediate payability of the entire outstanding purchase price (loss of term);
d) to demand securities for claims based on any other agreements, even those not yet due, at our discretion;
e) Apart from the interest, the debtor shall compensate us for damages incurred, especially the necessary cost of adequate extrajudicial enforcement or recovery measures, as far as these are in proportion to the claim in question (extract from section 1333, paragraph 2, ABGB, Austrian Civil Code).
f) to rescind the contract in case of non-compliance with an appropriate grace period.
There shall be no need for us to set a grace period together with the threat to rescind, but it shall suffice that we have actually granted an adequate grace period;
g) to postpone and hold back other services to be rendered by us to the contractual partner under some other legal title, of any kind whatsoever, until the outstanding payments have been made.
Our contractual partner shall not be entitled to offset our claims with any claims they may have against us, except in the event or our insolvency, counterclaims made in a legal context with the customer’s liability, or that have been determined by a law court or have been recognized by us (extract from section 6, paragraph 1, item 8 KSchG, Consumer Protection Law). Moreover, the customer shall not be allowed to assign any claims to third parties, be they physical or juridical persons, and whether they are governed by public or private law.
VII.) Reservation of ownership:
We reserve the right of ownership of all goods supplied by us until the complete payment of the purchase price or compensation for work including interest and supplementary charges. The buyer is entitled to transfer their expectant right with regard to the object of purchase within the framework of their business operation, but not to pledge the object of purchase or to transfer ownership of the same by way of security. The buyer shall inform us without delay after any levy of execution by third parties and shall support us in every way in asserting our rights. Any costs thereby incurred shall be at the buyer‘s expense. Reservation of ownership shall also cover any products that are the result of processing. As of now, the buyer shall assign all claims from the sale of goods in which we have ownership retention rights – to the amount of our portion of co-ownership if any – for security and satisfaction. The buyer may not assign such claim to third parties, either for security or for satisfaction. Upon demand, the buyer shall inform us of the names and addresses of their customers as well as the amount of the claims resulting from the resale; moreover, the buyer shall inform their respective customers of the assignment of the claim. Also, the buyer’s records shall show in an appropriate way the assignment of this claim to us, simultaneously with the invoicing to their own customers. Goods taken back in the process of our reservation of ownership will be credited to our customer at the purchase price, minus at least 50% and deducting repair costs for any damage sustained. If the customer defaults in their payments to us or if he violates any of the obligations arising from the stipulated reservation of ownership, the entire outstanding claim will fall due immediately. In such event we shall be in any case entitled – without having to declare our rescission of the contract – to demand the handing over of the items in our property, including those from other deliveries, and to collect those items at the customer or at a third party. The customer shall be obliged to bear the costs of our taking back the goods under reservation of ownership or to reimburse these costs.
VIII.) Guarantee:
We do not assume any guarantee, since our goods are second-hand, antique or reproduced objects, the reproductions being modeled on the second-hand or antique objects and consequently complying with applicable standards. The same goes for the lighting fixtures. Customers have the obligation to see to electrification conforming to standards themselves.
IX.) Warranty:
We assume warranty for our goods, supplies and works, as far as we are obliged to do so under the law. Consequently, we completely rule out warranty vis-à-vis corporations as contractual partners, whereas vis-à-vis consumers the warranty period according to 9 KSchG will be shortened to one year. It is stated explicitly that we sell old, second-hand items of furniture which may show traces of usage and/or signs of wear in accordance with their age. Such traces of usage and/or signs of wear will be fully documented by us and we will make customers aware of them. Consequently, such traces of usage and/or signs of wear are in no way defects as defined in the relevant legal provisions governing warranty.
X.) Compensation for damage:
We will be liable for damages caused to our contractual partners within business transactions only in the case of gross negligence by ourselves or by our vicarious agents. Any compensation on our part in the context of product liability shall be excluded. Contracts for supplies to intermediate dealers shall not establish any protection duties on our part in favor of the end user of the products supplied by us. It is not our intent to conclude, within the framework of these contracts, agreements having such a protective effect in favor of third parties. Damage claims against us will only cover remedy of the damage itself, but not consequential damage and loss of profit.
XI.) Right to rescind:
The consumer shall be entitled to rescind the contract within 14 days, without stating their reasons, by means of an unequivocal written declaration (e.g. letter or email) concerning their decision to withdraw from this contract. The period of rescission shall be fourteen days from the day on which you, or a third party named by you and who is not the carrier, have or has taken possession of the goods.
You are free to use the attached rescission form, but there is no obligation to do so. To comply with the period of rescission it will be sufficient for you to dispatch the announcement of exerting your right to rescind before the period of rescission expires.
Address your declaration of rescission to:
Masterpiece Antiques
Stefan Uhlir
Am Holzpoldlgut 11
4040 Lichtenberg - AUSTRIA
Consequences of rescission:
In the event the customer withdraws from this contract, we shall be obliged to refund all payments received from the customer (with the exception of additional costs resulting from the customer’s choice of a type of delivery other than the one offered by us as a standard), immediately but at the latest within fourteen days from the day on which we receive the notice about the customer’s withdrawal from this contract. For the refund the same means of payment as for the original transaction shall be used, unless expressly stipulated otherwise with the customer; no charge whatsoever will be made for the refunding. We are entitled to refuse the refund until such time as the goods have been returned to us or until proof has been produced to that effect, whichever is the earlier. The goods shall be returned forthwith and in any case no later than fourteen days from the day the customer announces their rescission of this contract, to Masterpiece Antiques, Am Holzpoldlgut 11, 4040 Lichtenberg. This deadline is deemed to be met if the goods are dispatched before the end of the fourteen day period. The buyer shall bear all costs connected with the return. The customer shall answer for a possible loss in the value of the goods only if such loss in value is due to the fact that the customer has been handling the goods in a way not necessary for examining their quality, properties and mode of functioning.
There will be no right to rescind in the case of services (restorations) commissioned by the customer, which were already completed before the end of the rescission period.
Should insolvency proceedings be opened against the property of a contractual partner, the seller shall be entitled to withdraw from the contract without fixing a grace period. If it is a case of default of delivery due to gross negligence on the part of the seller, then the buyer shall be entitled to rescind the contract once an adequate grace period has expired.
XII.) Applicable law:
Within the framework of our contractual relationships, their handling and termination, or any disputes resulting therefrom, exclusively Austrian law shall apply between our contractual partners and us.
XIII.) Place of jurisdiction:
The exclusive venue for all legal disputes arising indirectly or directly from this delivery transaction shall be the court in 4020 Linz having subject matter jurisdiction. The place of fulfillment shall be 4020 Linz.
XIV.) Data Protection:
The data requested for order handling and accounting, such as name and address as well as accounting data of the customer, shall be stored in our EDP.
We will use the data thus stored only within the limits of applicable legal provisions. For more detailed information see
“Privacy Policy“.