Terms and conditions

The following Terms and Conditions apply to all contracts, deliveries, and services provided by SEE GmbH or its authorized agents to customers. They form the basis of all offers and agreements between SEE GmbH and the customer and are considered accepted for the entire duration of the business relationship. The customer may also be referred to as “interested party” or “visitor” throughout this document.

1. SCOPE

(1) All offers, contracts, deliveries, and services provided by SEE GmbH are subject exclusively to these Terms and Conditions. By placing an order, the customer accepts these Terms and Conditions.
(2) SEE GmbH reserves the right to amend these Terms and Conditions at any time. The version in effect at the time the customer’s order is received shall apply.

2. Offers and Conclusion of Contract

(1) All offers and related information regarding product availability are non-binding and subject to change. This applies to all price lists, advertisements, promotional materials, and oral or written statements, except in the case of obvious editorial or transmission errors.
(2) A contract is concluded when an order is submitted via the webshop, by mail, email, or phone, and confirmed or executed by SEE GmbH. Web orders require a valid email address from the customer. An order confirmation is deemed issued once the order has been processed.
(3) The contract language is German.

3. Prices, Shipping Costs, and Payment Terms

(1) The prices and terms published at the time of the order on the chosen sales platform (e.g., online shop) apply. Retroactive claims for discounts or differing terms from other sales channels are excluded. Promotional prices are valid only during the stated promotional period. SEE GmbH does not deliver to post office boxes or parcel stations.
(2) All prices are in euros and include Austrian VAT, excluding packaging and shipping costs. For deliveries outside the European Union, customs duties or import taxes may apply and are the responsibility of the buyer.
(3) Shipping and packaging costs are charged at actual rates and include VAT.
(4) Accepted payment methods are those indicated in the webshop. SEE GmbH reserves the right to approve or refuse payment on account without justification.
(5) In case of delayed payment, SEE GmbH may charge the statutory default interest applicable in Austria. Future deliveries may be withheld until outstanding payments are received.
(6) In the event of late payment, even if not due to the customer’s fault, SEE GmbH may charge reasonable reminder and collection fees. If handled by an external agency, the customer agrees to bear associated costs within legal limits. Internal reminders by SEE GmbH incur a fee of €12 per reminder and €5 every six months for account tracking.
(7) Goods remain the property of SEE GmbH until full payment is received. If resold, the retention of title must be passed on. The customer must immediately report any third-party claims or access to the goods. Pledging or transferring ownership for security purposes is not permitted without written consent from SEE GmbH.

4. Delivery and Performance Obligations

(1) Products are shipped to the customer by mail or courier.
(2) SEE GmbH aims to dispatch stocked items within 5–7 business days after order confirmation. Delivery times for out-of-stock items are indicated in the webshop. SEE GmbH is not liable for delays caused by suppliers or shipping companies. In such cases, SEE GmbH may withdraw from the order and refund any payments made.
(3) SEE GmbH is not liable for delays or non-delivery due to force majeure or unforeseen events (e.g., fire, floods, strikes, official orders). In these cases, the customer will be informed, and any payments refunded.
(4) SEE GmbH may make partial deliveries if reasonable. If a partial delivery cannot be fulfilled, the corresponding value will be refunded. Additional costs of partial shipments are covered by SEE GmbH.
(5) If a product is temporarily unavailable due to unexpected demand, the customer has no claim to later delivery.

5. Right of Withdrawal (Consumers Only)

If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), they may withdraw from the contract within 14 calendar days without stating a reason, either in writing (e.g., by mail or email) or by returning the goods. The withdrawal period begins upon receipt of the goods.

Custom-made or personalized products are excluded from this right. Withdrawal and returns must be sent to the company address. Returned products must be in sealed original packaging. If the goods are returned in a deteriorated condition, the customer may be required to compensate for the loss in value.
The customer bears the cost of return shipping unless the value of the returned goods exceeds €40 or if the consumer has not yet fulfilled their payment obligation at the time of withdrawal.

6. Warranty and Defects

(1) In case of defects, SEE GmbH initially provides replacement goods. If replacement fails due to reasons attributable to SEE GmbH, the customer may request a price reduction or withdraw from the contract. Defects that were known before purchase are excluded.
(2) The customer must notify SEE GmbH in writing of any defects immediately upon discovery, but no later than seven working days after receipt.
(3) Defective goods must be returned sufficiently prepaid. Unpaid returns cannot be accepted. If the claim is justified, SEE GmbH will reimburse shipping costs.
(4) A copy of the invoice or a document stating the customer and invoice number must accompany the return.

7. Liability and Copyright Notice

(1) All information in promotional materials and on the website is provided for general informational purposes only. SEE GmbH assumes no liability for accuracy, completeness, or timeliness, and is not responsible for damages resulting directly or indirectly from the use of presented products.
(2) All website and promotional content, images, and structures are protected by copyright. Reproduction, distribution, or modification of this content requires prior written consent from SEE GmbH.
(3) By purchasing, the customer expressly allows SEE GmbH to use copies or scans of purchased works for advertising purposes or to share them with third parties, free of charge or for a fee.

DISCLAIMER:

Liability for links
Our website may contain links to external third-party websites over which we have no control. Therefore, we assume no responsibility for their content. The respective provider or operator is always responsible for the linked pages. Unlawful content was not identifiable at the time of linking. Upon becoming aware of legal violations, such links will be removed immediately.

8. Data Protection

(1) The use of this website is generally possible without providing personal data. Where personal data (such as name, address, or email address) is collected on this site, it is always done, as far as possible, on a voluntary basis. This data will not be shared with third parties without your explicit consent.
SEE GmbH points out that data transmission over the Internet (e.g., communication by email) may have security vulnerabilities. Complete protection of data from access by third parties is not possible.
The use of contact data published as part of our legal notice obligations by third parties for the purpose of sending unsolicited advertising or informational materials is hereby expressly prohibited. The website operator expressly reserves the right to take legal action in the event of the unsolicited sending of advertising information, such as spam emails.

(2) Personal data (e.g., first name, last name, address, date of birth, email address, telephone number, bank details, customer number) required for processing an order will be used solely for correspondence and for the purpose for which the customer has provided consent.
Upon giving consent, which can be withdrawn at any time, the customer may receive current offers and information (e.g., newsletters) from Kitsch und Kunst. Data can be deleted at any time upon request.

(3) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies,” which are text files stored on your computer that enable an analysis of your use of the website.
The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
If IP anonymization is activated on this website, your IP address will first be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services relating to website and Internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google.

You can prevent cookies from being stored by adjusting your browser settings; however, please note that in this case, you may not be able to use all functions of this website to their full extent.
Furthermore, users can prevent Google from collecting and processing data generated by the cookie related to their website usage (including their IP address) by downloading and installing the browser plugin available at the following link:
http://tools.google.com/dlpage/gaoptout?hl=en.

For more information about Google’s terms of service and data protection, please visit:
http://www.google.com/analytics/terms/en.html and
http://www.google.com/intl/en/analytics/privacyoverview.html.

Source of the Google Analytics text: www.datenschutzbeauftragter-info.de

9. Severability Clause

If any provision of these Terms and Conditions is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that most closely reflects the original intent.

10. Governing Law and Jurisdiction

Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Jurisdiction: Regional Court for Civil Matters, Graz. For customers residing abroad, mandatory legal provisions of their home country remain unaffected.

11. Company Information

SEE Consult Beratungs GmbH
Paul-Anton-Kellerweg 7, 8075 Hart bei Graz, Österreich

 

These Terms and Conditions are originally made in German language and were translated to English. In case of a conflict due to translation, the German version shall prevail.