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 differing terms and conditions of the Customer shall not apply unless the Seller has expressly agreed to them in writing.
1.2 For the purposes of these GTC, a consumer 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 partnership with legal capacity, who acts in the exercise of their trade or independent professional activity when concluding a legal transaction.
2. Conclusion of the Contract
2.1 The products displayed 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 online order form. By clicking the button labeled “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
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sending an express order confirmation by email,
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delivering the goods, or
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requesting payment from the Customer.
The contract shall come into effect at the moment one of the above alternatives occurs first.
2.4 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.
2.5 The contract text will be stored by the Seller after conclusion and transmitted to the Customer in text form (e.g., by email).
2.6 The contract language is 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 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 specifically includes original artworks, commissioned pieces, personalized creations, and one-of-a-kind items individually produced for the Customer.
Such works are non-returnable and non-refundable, unless the product exhibits a statutory defect within the meaning of the Austrian Civil Code (§§ 922 et seq. ABGB).
4. Prices and Payment Terms
4.1 All prices listed in the online shop are total prices in euros (EUR) and include statutory VAT.
Any additional shipping costs will be shown separately during the checkout process.
4.2 The available payment methods are displayed to the Customer during the order process, including but not limited to:
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Credit card (via Stripe Payments Europe Ltd., Dublin, Ireland)
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PayPal (PayPal Europe S.à r.l. et Cie, Luxembourg)
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Instant bank transfer (via Klarna Bank AB [publ], Sveavägen 46, 111 34 Stockholm, Sweden)
4.3 Unless otherwise stated, payment of the invoice amount is due immediately.
Payments made through third-party providers are subject to their respective terms of service.
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 indicated in the online shop.
If delays occur, the Customer will be informed immediately.
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 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 The Customer is requested to report goods with visible transport damage directly to the delivery service and inform the Seller.
Failure to do so will not affect legal claims.
7.4 For unique artworks, original creations, or personalized commissioned works, no right of return, exchange, or refund exists unless a genuine legal defect is present.
Minor artistic deviations in color, texture, or execution do not constitute defects.
8. Custom-Made Products (Customer Orders)
8.1 If goods are produced according to the Customer’s specifications (e.g., personalized artworks), the Customer must provide all necessary content (texts, motifs, images, etc.) in a suitable format and guarantee that such materials are free of third-party rights.
8.2 The Customer shall indemnify and hold the Seller harmless against all third-party claims resulting from the infringement of such rights.
8.3 The Seller reserves the right to refuse orders whose content violates laws, public morals, or intellectual property rights.
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 accepted payment method.
9.4 Vouchers are non-transferable and valid only for the person named on them.
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 protections 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 exclusive place of jurisdiction is the Seller’s business location.
12. Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.