General Terms and Conditions
Gams Media
Simon Weller
Achenweg 36/2
6370 Kitzbühel
These terms of service are an automated translation of the terms of service in German.
The aim of our General Terms and Conditions is to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following General Terms and Conditions of Gams Media, which you acknowledge and accept by placing an order. You can view the terms and conditions here and print them out if required.
For the business relationship between Gams Media and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Gams Media does not recognise any deviating terms and conditions of the customer unless Gams Media has expressly agreed to their validity in writing.
We would also like to point out the following in advance: The papers, dyes, chemicals and other materials used in our raw materials and manufacturing processes can, like other dyes, change slightly over time, sometimes even from one production batch to the next. Changes occur in particular over the course of time due to high temperatures, high humidity – or its strong fluctuation – and exposure to sunlight. To ensure that you can enjoy our products for a long time, you should not expose photographs, laminations and frames to direct sunlight in whole or in part, hang them directly above heaters or expose them to humidity levels exceeding those of normal living rooms. Photographs, laminations and frames are therefore not suitable for outdoor areas, basements, bathrooms and kitchens. Laminations with UV protection film or acrylic glass and wooden frames are very sensitive to scratches and stains and should therefore only be handled with gloves or comparable protection.
General rules
1. What is the procedure for ordering from Gams Media?
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. The products selected by you via the “Add to shopping cart” button are summarized once again in an order overview at the end of the ordering process. Here you should check all the information provided during the ordering process and amend or correct it using the “Change” button. By clicking on the “Buy now” button, you submit your order data and make a binding declaration to Gams Media that you wish to purchase the products listed there (offer). We automatically accept your offer when we receive your order. Immediately after sending the order, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again.
The text of your order will be saved by us and can be sent to you on request once your order has been completed. For your security, Gams Media recommends that you print out the order details and the General Terms and Conditions applicable at the time of ordering. The contract language is German.
If the domestic or foreign VAT identification number of the customer cannot be validated within the scope of the qualified confirmation request via the VAT Information Exchange System of the European Commission (VIES) or if the customer has not communicated his VAT identification number when placing the order, the order will be invoiced subject to VAT even in the case of a cross-border delivery. The customer shall bear the risk of non-validation of the VAT identification number provided if this is due to circumstances for which Gams Media is not responsible.
2. How can I cancel my order?
We would like to point out that a right of withdrawal is excluded for works from the Gams Media as well as for works with a selectable size, equipment, refinement or detailed design (“individual product”) from the Gams Media portfolio, as the works created are individually produced according to your specifications and are tailored to your personal needs. For individual products, a right to cancel the order in accordance with § 18 FAGG (exceptions to the right of withdrawal) is excluded.
3. When and how will the ordered work be delivered?
The delivery time for a standard delivery in Austria is approx. 7 working days from the order date. Further information on deliveries can be found in the FAQs.
Unless otherwise agreed, delivery will be ex warehouse to the delivery address you specify. After delivery, you will usually receive a confirmation e-mail from us.
If possible, everything will be delivered in one shipment. We are entitled to make partial deliveries. If we fulfill your order with partial deliveries, you will only be charged shipping costs for the first partial delivery.
Delivery abroad
Orders can only be sent to addresses within the EU.
4. How high are the delivery costs?
Details of delivery costs can be found on the Delivery page.
5. What prices do we receive?
The prices for our services are based on the current price stated in the order process.
The prices stated in the online store are final prices including VAT.
We are entitled to change the price list for future orders at any time without separate notification.
6. How is payment made?
Payment methods
Our currently offered payment options and the conditions of their use can be found under Payment.
Due date
The purchase price – plus the shipping costs shown under 4. – is to be paid in advance.
PayPal
In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then governed by the PayPal terms and conditions.
7. What can I do with the purchased work?
Please note that when you purchase a work with content from our world of images, you only acquire ownership of it in material terms. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or other analog or digital exploitation is not permitted, unless permitted by law.
You may resell the work as you wish.
8. What warranty are our services subject to?
We shall be liable for defects in accordance with the applicable statutory provisions. The warranty period for goods supplied by us is 5 years. An additional guarantee only exists for the goods delivered by us if this was expressly stated in the order confirmation for the respective article.
9. What should you do if you want to complain about our performance as a business?
If you are an entrepreneur according to § 1 UGB, your claims for defects presuppose that you have complied with your statutory inspection and complaint obligations (§§ 377 ff. UGB). If a defect is discovered during the inspection or later, we must be notified immediately in writing. The notification shall be deemed immediate if it is made within two weeks, whereby the timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you must report obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby the timely dispatch of the notification is also sufficient to meet the deadline. If you fail to properly inspect the goods and/or notify us of defects, our liability for the unreported defect shall be excluded.
Defects in part of the delivered goods do not entitle you as an operator to complain about the entire delivery, unless a partial delivery is of no legitimate interest to you.
10. How are we liable?
We shall be liable without limitation within the scope of the statutory provisions for damages.
(a) arising from injury to life, body or health, which are based on an intentional or negligent breach of duty or otherwise on intentional or negligent behaviour on the part of Gams Media or one of its legal representatives or vicarious agents;
(b) which are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent behaviour on the part of the provider or one of its legal representatives or vicarious agents.
We shall be liable, limited to compensation for foreseeable damage typical for the contract, for such damage that is based on a slightly negligent breach of material obligations by Gams Media or one of its legal representatives or vicarious agents. Material obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may rely.
The above provisions shall also apply mutatis mutandis to the liability of Gams Media with regard to the reimbursement of futile expenses.
Liability under the Product Liability Act shall remain unaffected.
11. When do you release us from liability?
You shall indemnify us on first demand against all claims asserted against us by third parties on the basis of or in connection with the culpable use of our offer by you under existing trade mark, design, utility model, patent, copyright and/or other intellectual property rights or, in particular, on account of an infringement of personal rights or on account of violations of statutory prohibitions. You shall bear the costs incurred by us in this respect for reasonable legal defence and/or prosecution against third parties.
If you recognise or must recognise that such an infringement is imminent, you are obliged to inform us immediately.
12. What happens to my personal data?
You can find all information on this in our privacy policy.
13. How long do the GTC apply?
These GTC apply exclusively in the version valid at the time of the order. We do not recognise any deviating terms and conditions of yours unless we have expressly agreed to their validity in writing.
14. Information on online dispute resolution pursuant to Art. 14 para. 1 ODR Regulation
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: June 2024