General terms and conditions of business

1. These general terms and conditions (hereinafter referred to as "GTC") form the basis of every legal transaction concluded in the online shop operated at https://heldenshop.at. This transaction is concluded between Picturized eU, FN 539611x, Masurewaldstraße 1, 3033 Altlengbach, hereinafter referred to as "Picturized", and the customer, hereinafter referred to as "Customer".
2. The Heldenshop webshop is a browser-based shop solution (hereinafter referred to as "webshop") on which Picturized advertises products and offers them for sale via an integrated webshop (online retail).

1. Scope

Scope of application of the terms and conditions, definitions of terms & conclusion of contract

1. All services provided by Picturized to customers in connection with the webshop, i.e. the processing of purchase contracts for goods, are exclusively based on these terms and conditions.
2. Picturized reserves the right to amend these Terms and Conditions at any time. The Terms and Conditions in effect at the time of contract conclusion shall apply to the contractual relationship with the customer.
3. Customer: A customer is any user of the webshop who submits offers to purchase goods via the Picturized webshop. For this purpose, they must open a user account.
4. Webshop: By using the webshop function and ordering goods, or by concluding a purchase agreement through this channel, the customer becomes a direct contractual partner of Picturized. Picturized does not sell goods to minors, but exclusively to adults with legal capacity, both natural and legal persons. When purchasing goods via the webshop, a purchase agreement is concluded – subject to the provisions of the Distance Selling Act (FAGG), the Consumer Sales Act (VGG), and the Consumer Protection Act (KSchG) with respect to consumers.
5. Product range: The product range represents the selection of goods offered for sale by Picturized in the webshop.
6. Order: An order is placed when a customer submits an offer to Picturized to purchase one or more items from the product range that they have placed in their shopping cart. For this purpose, before submitting the order, the customer is shown a summary of the products they have selected and placed in the shopping cart, including their product characteristics, the purchase price including all taxes and duties, or, in cases where the price cannot reasonably be calculated in advance due to the nature of the goods or services, the method of price calculation, and the incidental costs associated with the order (freight, delivery, or shipping costs and all other costs, or, in cases where these costs cannot reasonably be calculated in advance, the fact that such additional costs may be incurred), as well as all other relevant information. By clicking the "Place order now" button, the order is sent to Picturized. No changes are possible after the order has been placed.
   The customer must ensure that the email address provided for order processing is checked regularly so that emails sent by Picturized can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by Picturized or by third parties commissioned with order processing can be delivered.
7. Order Confirmation: Immediately after placing an order, Picturized will send the customer an order confirmation containing the ordered goods, their essential characteristics, and the total price including all additional costs. This order confirmation does not constitute acceptance of the order. The customer must review the order confirmation and report any input errors immediately.
8. Acceptance: Picturized will accept an order within 30 days of receipt, either by written notification or by delivery of the goods ordered by the customer. If Picturized does not wish to accept a customer's order, Picturized will inform the customer within 30 days.
9. Order Confirmation: In accordance with legal information obligations, Picturized will send the customer confirmation of the concluded contract and these Terms and Conditions by email immediately after the conclusion of the contract, but no later than upon delivery of the goods. This information will be stored by Picturized and in the customer's user account in the "Order History" for the duration of the statutory warranty period.
10. The contractual, ordering, and business language is German. Communication with Picturized customer service and the provision of all other information will also be in German.

2. Delivery terms and delivery period

1. Delivery dates provided by Picturized during the ordering process are generally non-binding and do not become part of the contract unless explicitly agreed otherwise in writing.
2. However, Picturized itself or through an engaged contractual partner will ship the goods to the customer no later than 14 days after sending the order confirmation.
3. The deadline for performance shall be extended appropriately in the event of force majeure, taking into account the duration of the impediment and a reasonable start-up period. This excludes cases in which the occurrence and duration of a force majeure event have no impact on the performance period. Force majeure events include unforeseeable events at the time of contract conclusion, in particular energy and raw material shortages, strikes, lockouts, official actions, pandemics, epidemics, terrorist attacks, and war. For force majeure to apply, the unforeseeable event or its effects must not be merely short-term. Effects extending over a period of more than five working days are not considered short-term. Picturized will inform the customer immediately of the occurrence of force majeure and its expected end. If a force majeure event lasts continuously for more than three months, or if the delivery date is extended by more than four months due to multiple force majeure events, both the customer and Picturized are entitled to withdraw from the contract. In the event of force majeure, claims for damages and other claims are excluded. The obligation to provide consideration is waived, and any advance payments already made will be refunded. The provisions of this clause apply accordingly if the circumstances arise at a supplier of Picturized and affect deliveries to Picturized.
4. Bonuses and discounts are applied to the value of the goods, but not to other costs.
5. Picturized is entitled to fulfill a customer's order in partial deliveries, even without a specific request from the customer. In this case, however, Picturized is responsible for any additional shipping costs incurred. The customer is liable for any additional costs resulting from a partial delivery requested by the customer. Generally, however, partial deliveries are not offered.
6. Default of acceptance: If the customer is in default of acceptance, Picturized may either store the goods, charging a storage fee of 0.1% of the invoice amount per commenced calendar day, and insist on performance of the contract, or, after setting a reasonable grace period, withdraw from the contract and resell the goods after withdrawal.
7. The goods are shipped by Austrian Post AG, DHL or other logistics service providers to the delivery address specified by the customer in Austria or Germany.

3. Payment terms

1. Delivery of the goods is exclusively within Austria and Germany.
2. The "purchase on account" function is covered by the payment provider KLARNA, and KLARNA's terms and conditions apply accordingly.
3. The customer agrees to receive an electronic invoice (PDF) via email.
4. Through our partnership with the payment service provider Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden), the customer has the following payment options available: (Further information about Klarna, Klarna's handling of data protection and Klarna's terms of use can be found here: klarna link .)

4. Retention of title

1. All goods supplied by Picturized remain their sole property until full payment has been received.
2. The customer is obliged to notify third parties of Picturized's ownership in a timely manner in the event of enforcement proceedings or insolvency, so that Picturized does not incur any costs or other adverse consequences as a result.

5. Right of withdrawal and cancellation

1. The customer is entitled to withdraw their contractual declaration or an already concluded contract within fourteen days without giving reasons.
2. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
3. If the customer has purchased the goods as part of a single order and these goods are delivered separately, the cancellation period begins on the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the last item.
4. If Picturized has not complied with the obligation to provide the customer with information about the existence of the right of withdrawal (conditions, deadlines and procedure for exercising this right), the withdrawal period is extended by twelve months.
5. If Picturized provides the information within twelve months of taking possession of the goods, or in the case of separate deliveries of the last item, the cancellation period ends 14 days after the date on which the customer received this information.
6. To exercise the right of withdrawal, the customer must inform Picturized eU, FN 539611x, Masurewaldstraße 1, 3033 Altlengbach, Austria, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of their decision to withdraw from this contract. The withdrawal notice should be sent to Picturized eU, FN 539611x, Masurewaldstraße 1, 3033 Altlengbach, Austria.
7. To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period expires.

6. Consequences of the revocation

1. If the customer revokes their contractual declaration or a contract that has already been concluded, Picturized shall reimburse the customer for all payments received from the customer, including delivery costs (excluding any additional costs resulting from the customer choosing a delivery method other than the cheapest standard delivery offered by Picturized), without undue delay and at the latest within fourteen days from the day on which Picturized received notification of the revocation of this contract.
2. The customer must return the goods without undue delay and in any event no later than fourteen days from the day on which he informed Picturized of his withdrawal from this contract.
   
   Picturized eU, FN 539611x, Masurewaldstraße 1, 3033 Altlengbach
   
   to return the goods. The deadline is met if the customer sends the goods before the end of the fourteen-day period.
3. The customer is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
4. In the following cases, the customer has no right of withdrawal:

7. Copyright & Data Protection

1. Picturized reserves all rights, in particular trademark and copyright rights, to the entire content of this website, including but not limited to trademarks, logos, texts, graphics, photographs, layout, and music. Unless otherwise required by law, any use of the content of this website beyond the scope of contractual obligations, in particular storage in databases, reproduction, distribution, or modification, requires the express written consent of Picturized.
2. Picturized's current privacy policy can be found in the footer under "Privacy".
3. Picturized passes on the customer's address and contract data to transport companies and other contractual partners involved in the delivery and service, to the extent necessary for the processing of the contract.
4. The customer undertakes, under penalty of liability, to treat the access data to any user account created confidentially and carefully and under no circumstances to pass it on to third parties.

8. Warranty and Liability

1. Unless expressly agreed otherwise in individual points of these terms and conditions, the warranty and liability provisions are governed by the statutory rules.
2. Some of the photographs used by Picturized to advertise products are sample images provided by the manufacturer. These images were taken under professional conditions with specific lighting and therefore do not necessarily reflect the appearance of a product in everyday use. Picturized is therefore not liable for the products exactly matching the photographs used for advertising purposes.

9. Final Provisions

1. The place of performance is the registered office of Picturized in 3033 Altlengbach, Austria.
2. Every contract concluded with Picturized under these terms and conditions is governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law. If the customer is a consumer with habitual residence in the EU, the mandatory consumer protection provisions of the law of the customer's country of residence also apply. The contract language is German. If Picturized provides translations of these terms and conditions, the German version shall prevail in the event of any discrepancy in interpretation.
3. To the extent permitted by law, the jurisdiction of the court with local and subject-matter jurisdiction for 3033 Altlengbach, Austria, is agreed upon. Consumers have the option, under certain circumstances, to assert claims against Picturized in their country of residence, in accordance with the provisions of the Brussels I Regulation (Recast).
4. Customers who are consumers also have the option of submitting complaints to the EU's "Online Dispute Resolution" website: http://ec.europa.eu/odr
5. Customers can also submit their complaint directly to Picturized, for example at the following email address: info@heldenshop.at
6. Should any provision of these Terms and Conditions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intended meaning and purpose of the invalid or unenforceable provision.

As of November 2023