Terms and Conditions

General Terms and Conditions (GTC)

for orders placed via the online shop of the Marco Canvas brand

1. Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the purchase and delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) via the Seller’s online shop.
Any deviating terms and conditions of the Customer shall not apply unless expressly agreed to in writing by the Seller.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
An entrepreneur is any natural or legal person or legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2. Conclusion of Contract

2.1 The products presented in the online shop do not constitute a legally binding offer but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the integrated online order form. By clicking the button “Order with obligation to pay,” the Customer submits a binding offer to conclude a purchase contract.

2.3 The Seller may accept the offer within five days by:

  • explicit order confirmation by email, or

  • delivery of the goods, or

  • request for payment from the Customer.

The contract shall come into effect at the time the first of these alternatives occurs.

2.4 In the case of individually agreed commissioned works and custom-made orders, the contract shall be concluded by written order confirmation, acceptance of the offer, or receipt of payment, independently of the online shop.

2.5 Order processing is generally automated via email. The Customer must ensure that the provided email address is correct and that emails from the Seller can be received.

2.6 The contract text will be stored by the Seller after conclusion and transmitted to the Customer in text form (e.g., by email).

2.7 The contract language is exclusively German.

3. Right of Withdrawal (Right of Cancellation)

3.1 Consumers have the right to withdraw from the contract within 14 days without giving any reason.

3.2 The withdrawal period is 14 days from the day on which the Customer or a third party designated by them takes possession of the goods.

3.3 To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the contract by means of a clear statement (e.g., by email).

3.4 Further details can be found in the cancellation policy provided on the website in accordance with Section 11 of the Austrian Distance and Off-Premises Contracts Act (FAGG).

3.5 Exclusion of the Right of Withdrawal:
The right of withdrawal does not apply to goods that are manufactured according to Customer specifications or are clearly tailored to the Customer’s personal needs.
This applies in particular to original artworks, custom-made works, personalized commissioned pieces, and one-of-a-kind items individually created for the Customer.
These works are non-returnable and non-refundable unless the product exhibits a statutory defect within the meaning of warranty law (§§ 922 ff ABGB).

4. Prices and Payment Terms

4.1 All prices stated in the online shop are total prices in euros (EUR) and include statutory VAT.
Any additional shipping costs will be displayed separately during the checkout process.

4.2 The available payment methods are displayed during the order process and may include:

  • Credit card (via Stripe Payments Europe Ltd., Dublin, Ireland)

  • PayPal (PayPal Europe S.à r.l. et Cie, Luxembourg)

  • Instant bank transfer (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden)

4.3 Unless otherwise stated, the invoice amount is due immediately without deduction.
Payments made via third-party providers are subject to their respective terms and conditions.

5. Delivery and Shipping Conditions

5.1 Delivery is made to the delivery address specified by the Customer unless otherwise agreed.

5.2 Shipping normally takes place within the delivery times stated in the online shop.
In the event of delays, the Customer will be informed immediately.
For individually produced artworks, commissioned works, and unique pieces, all stated delivery times are non-binding guideline values only, as artistic processes, drying times, material availability, and project coordination may result in deviations.

5.3 If delivery fails due to reasons attributable to the Customer (e.g., incorrect address, failure to collect), the Customer shall bear the resulting additional costs.

5.4 Self-collection is possible only by prior individual arrangement.

5.5 If a product is unavailable, the Customer will be informed immediately, and any payments already made will be refunded.

6. Retention of Title

The delivered goods remain the property of the Seller until full payment has been received.

7. Warranty (Liability for Defects)

7.1 For consumers, the statutory warranty provisions of Austrian law (§§ 922 ff ABGB) apply.
The warranty period is 24 months from receipt of the goods.

7.2 For entrepreneurs, the warranty period is 12 months from receipt of the goods.
Obvious defects must be reported in writing within 14 days of delivery.

7.3 Customers are requested to report goods with visible transport damage directly to the delivery service and inform the Seller.
Failure to do so does not affect statutory claims.

7.4 For unique artworks, original works, or personalized commissioned pieces, no right of return, exchange, or refund exists unless a legally relevant defect is present.
Minor artistic deviations in color, structure, or execution do not constitute defects.

8. Custom-Made / Unique Artworks – Payment & Production Terms

For individually created original artworks, unique pieces, and custom commissions, the following binding special provisions apply:

8.1 Binding Nature of the Order
Upon order placement and receipt of the agreed deposit, a binding work contract is concluded.
Cancellation, withdrawal, or refund of the deposit is excluded.

8.2 Deposit (Non-Refundable)
The deposit covers concept development, design work, project planning, and binding production scheduling.
These services are individual, non-transferable, and non-reusable and are therefore non-refundable under any circumstances.

8.3 Second Payment & Production Release
The second and final payment is required for:

  • material procurement (especially gold leaf, special paints, canvases, framing)

  • commencement of the final artistic execution

Without full payment, no material procurement or further processing of the artwork will take place.

8.4 No Returns for Unique Artworks
As these are individually produced unique pieces, no right of withdrawal, return, exchange, or refund exists unless a statutory defect is present.
Artistic deviations, stylistic features, color nuances, and subjective aesthetic preferences do not constitute defects.

8.5 Project Suspension in Case of Late Payment
If the second payment is not received within 7 calendar days after payment request, the project will be automatically paused.
During this suspension, no delivery or completion deadlines apply.
Work will resume only after full payment has been received.
No claim exists to the release of drafts, sketches, interim stages, or partial works prior to full payment.
This also applies to digital designs, previews, mockups, and conceptual visualizations.

8.6 Shipping of Large Formats / XXL Artworks

XXL artworks are defined as all artworks measuring 120 × 80 cm or larger.

XXL artworks are delivered rolled as standard.
Stretcher frames are not part of the standard offer.

Delivery on stretcher frames is possible only upon explicit special order, subject to additional charges and extended delivery time.

Mounting, stretching, and framing are exclusively the responsibility of the Customer.
There is no entitlement to delivery in stretched condition.

This shipping method reflects industry-standard practice and serves the maximum protection of the artwork during transport.

9. Vouchers and Promotions

9.1 Promotional or discount vouchers can only be redeemed within the specified period and exclusively in the online shop.

9.2 Cash redemption or subsequent offsetting is excluded.

9.3 Remaining balances will not be refunded.
If the voucher value is insufficient, the difference may be paid using another available payment method.

9.4 Vouchers are non-transferable and valid only for the named person.

10. Applicable Law

These Terms and Conditions are governed exclusively by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection rights of the country in which they have their habitual residence.

11. Place of Jurisdiction

For consumers, the statutory places of jurisdiction under Austrian law apply.
For entrepreneurs, the Seller’s registered business location shall be the exclusive place of jurisdiction.

12. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.