Terms of service
1. Scope and seller
These terms apply to all orders placed through stefaniecarola.art. The seller and your contracting party is:
Stefanie Carola Schulz, Mariahilfer Straße 89a, 1060 Vienna, Austria
stefanie@stefaniecarola.net
The shop sells original paintings to consumers and businesses. Deviating terms of the buyer do not apply unless I have agreed to them in writing.
2. Conclusion of contract
The presentation of works in the shop is not a binding offer. By placing an order you make a binding offer to buy. The contract comes into effect when I confirm your order by email. For originals I always send that confirmation personally.
Every work is unique. If a piece has already sold through another channel before I confirm your order, no contract comes into effect and any payment is refunded in full without delay.
3. Prices and VAT
All prices are final prices in euro. As a small business under § 6 Abs. 1 Z 27 UStG (Austrian Kleinunternehmerregelung), I do not charge VAT and no VAT is shown on the invoice.
Customs duties, import taxes, and local fees for deliveries outside the EU are not included and are the buyer's responsibility.
4. Payment
Payment is due in full at checkout, using the payment methods offered in the shop. Work does not ship before payment has cleared.
5. Delivery and shipping
Shipping is free worldwide and every original travels fully insured at its full value. Originals ship within up to 8 weeks of order confirmation. Details are in my Shipping policy, which forms part of these terms.
Risk of loss and damage passes to the buyer on delivery. For consumers, risk passes only once the work is handed over to the buyer.
6. Retention of title
The work remains my property until the purchase price has been paid in full.
7. Right of withdrawal
Consumers have a 14-day right of withdrawal. The full conditions, including how returns work and the model withdrawal form, are in my Refund policy, which forms part of these terms. Commissioned works made to your specification are excluded from withdrawal once work has begun, in line with § 18 (1) Z 3 FAGG.
8. Warranty
Statutory warranty rights under Austrian law apply. Please note that visible brush marks, variations in surface texture, small irregularities in the applied material, and differences between screen colours and the physical work are inherent characteristics of hand-made original painting and do not constitute defects.
9. Liability
I am liable without limitation for intent and gross negligence, and for damage arising from injury to life, body, or health. For slight negligence, I am liable only for the breach of essential contractual obligations, and limited to the foreseeable, typical damage. Any further liability is excluded to the extent permitted by law. Mandatory statutory liability remains unaffected.
10. Copyright
All works, images, and texts in this shop are protected by copyright. Copyright in each painting remains with the artist. Purchasing a work transfers ownership of the physical piece only. It does not transfer any reproduction, exhibition-for-profit, or other exploitation rights. You may not reproduce or commercially use the work or its images without prior written consent.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. I am neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Applicable law and jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence. Place of jurisdiction is governed by the applicable statutory provisions.
13. Severability
If any provision of these terms is or becomes invalid, the validity of the remaining provisions is unaffected.
Contact: Stefanie Carola Schulz, Mariahilfer Straße 89a, 1060 Vienna, Austria, stefanie@stefaniecarola.net