Data Protection Declaration – Imprint – General Terms and Conditions of Business

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the Customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data are any information relating to an identified or identifiable person, i.e. any data containing individual details of personal or actual circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the Contract/providing the services commissioned. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit consent/approval regarding this. The only personal data to be captured and processed will be those necessary for these purposes, or which you make available upon your own initiative.
    x __________________
The legal basis for the processing of your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit consent/approval, as well as other legal bases in accordance with the provisions of data protection law; data are processed in compliance with the requirements of data protection law, and in accordance with the legal order.
    x __________________
3. Transmission of Data to and from Third Parties
In order to fulfil the Contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc., including other service providers), organisations and other bodies; you are granting your explicit consent/approval regarding this. Your data will be transmitted based exclusively on the provisions of applicable data protection law; data may also be transmitted to processors (IT service providers, internet providers and telephone providers, for example).
    x __________________
The Gallery also notifies you, moreover, that within the bounds of fulfilling the Contract/providing the services commissioned, it regularly obtains factual and case-related information relating to you from third parties (e.g. artists, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc., as well as other service providers), and to information which is publicly accessible.
Some of the recipients of your personal data named above are located outside your country, or process your personal data there. Under some circumstances, the standard of data protection in other countries does not match that offered in Austria. However, the Gallery will only transmit your personal data to countries if the EU Commission has decided the countries in question offer a reasonable level of data protection, or you have placed/are placing an order to the contrary.
4. Data Security
Appropriate organisational and technical precautions will be taken to protect your personal data. In particular, these precautions relate to protection from unauthorised, unlawful or even accidental access, processing, loss, use and handling. 

Despite such efforts to achieve a standard of accuracy which is appropriately high at all times, the possibility cannot be excluded that information you disclose over the internet will be viewed or used by other people.
Please note that for this reason, the Gallery accepts no liability of any kind for the disclosure of information due to errors not caused by it, and/or errors in data transmission not attributable to it, and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, for example, or the interception of faxes, letters, SMS or WhatsApp messages).
5. Unencrypted Communication
You are granting your explicit consent to/approval of unencrypted communication (e-mail, SMS or WhatsApp, for example) to fulfil the purposes of data processing specified.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than is necessary to fulfil the specified purposes of data processing or legal requirements, or to defend any possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right to information regarding whether your personal data are being processed at any time, and if this is affirmed, for what purpose and which categories of personal data are involved; you also have the right to available information about the origin of the data and the recipients, or categories of recipients, to whom your personal data have been/are being disclosed.
You also have the right to the correction of data, transmission of data, opposition to the processing of data and restriction of data processing, as well as the blocking or deletion of data which have been processed incorrectly or in an inadmissible way. 
In addition to this, you can revoke the explicitly granted consents to/approvals of the processing of your personal data at any time, including only in part (please note in many cases, it will no longer be possible to conclude the Contract/provide the services commissioned as a result).
Please direct your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, data transmission, to the address shown below, as long as no inappropriate costs are caused by doing so; cf. Art. 12, General Data Protection Regulations Austria. 

If you believe the processing of your personal data breaches applicable data protection law, or has breached your claims under data protection law in some other way, you have option of lodging a complaint with the supervisory authority responsible. The authority responsible for doing this in Austria is the Data Protection Authority.
You are required to notify us of any changes to your personal data.
8. Disclosure of Data Breaches
The Gallery shall endeavour to ensure data breaches are recognised at an early stage, and if necessary, report these to you or the supervisory authority responsible, including the data categories affected in each respective case.
9. Contact Details
It is particularly important to us that your data are protected. If you have any questions or would like us to give you a call back, you can use the contact details below to reach the Gallery at any time:

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me, and copies thereof handed over/transmitted to me; I have read and understood these. 

I am granting the explicit approvals/agreements voluntarily, and have initialled these to show I have read them.

___________, this day __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption („Info“ for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption („Technologies“ in the text below) can be used to obtain data which, under certain circumstances, relate to Interested Parties/Customers as an identified or identifiable person, i.e. data containing individual details of personal or actual conditions. Examples of these data include a name, address, e-mail address or an IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of the data processing are the operation of this website based on the explicit consent/approval of the Interested Party/Customer; data are processed in compliance with data protection regulations, and in accordance with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the bounds of current technologies. Data will be transmitted exclusively on the basis of the applicable data protection regulations; they may also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected using appropriate organisational and technical precautions. These precautions particularly relate to protection from unauthorised, unlawful or even accidental access, processing, loss, usage or handling.
Despite our efforts to meet appropriately high levels of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind will be accepted for the disclosure of information during data transmission, and/or unauthorised access by third parties (a hacker attack on a server/e-mail account, for example).
5. Storage of Data
The data of Interested Parties/Customers will not be stored for any longer than is necessary to fulfil the purposes of data processing or statutory obligations, and to defend any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right at all times to information relating to whether their personal data are being processed, and if this is affirmed, to what purpose, and which categories of personal data are involved; they also have a right to available information about their origin and the recipients, as well as categories of recipients, to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have a right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, Interested Parties/Customers can revoke, including in part, the explicitly granted approval of/consent to the processing of their personal data (Interested Parties/Customers must take into account the fact that usage of the website will no longer be possible as a result).
Interested Parties/Customers must send their petition for information, deletion, restriction of processing, correction, opposition and/or, in the final case, data transmission, as long as disproportionate expenses are not caused as a result, to the address shown in the Imprint; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law or their claims have been breached in another way, they have the option of lodging a complaint with the supervisory authority responsible. The authority responsible for doing this in Austria is the Data Protection Authority. 
7. Disclosure of Data Breaches
Data breaches must be acknowledged at an early stage and, where possible, reported immediately to the Interested Party/Customer or supervisory authority responsible, taking into account the respective data categories affected.


General Terms and Conditions of Business („GTC“ for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The following GTC are exclusively applicable to any orders placed by the Customer (Consumer or Business); if a Business uses conflicting or supplementary GTC, the validity of these is hereby contradicted – these only become a component of the Contract with explicit written agreement from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively at Customers in the territory of EEA States and Switzerland; separate agreements are concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop shall not constitute a binding offer in the legal sense. It is merely an invitation to the Customer to place an offer.
3. Placing an Order, Correction Option, Info Window
3.1. Placement of an order by the Customer shall constitute an offer; the Contract is only concluded once it has been accepted by the Gallery.

3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‚*‘) have been completed. If any details are missing, or the Gallery is unable to comply with the order for other reasons, the Customer shall receive an error message. Before finally sending off its order, the Customer is given the option to correct its order. The Customer shall receive detailed supporting information directly in the course of the order process. 

3.3. As soon as the order process is concluded, the Customer shall be notified of this by an info window containing the message „Your order is complete, and has been successfully sent to the Gallery.“ This shall not yet constitute acceptance of the Customer’s offer by the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer shall be notified immediately that its order has been using the e-mail address it has provided, and the date of receipt of the order confirmed („confirmation of receipt“). Confirmation of receipt does not yet constitute acceptance of the Customer’s order by the Gallery.
4.2. The Customer is bound to its order for 7 days following receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected by this. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the Contract has been accepted by the Gallery; the Contract is concluded with the sending of the e-mail.
5.2. The text of the Contract is stored by the Gallery; it is transmitted to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices are all-in prices for Consumers; these are understood as including any taxes, especially Austrian value added tax at the statutory rate, fees and charges, but excluding (shipping) costs and the costs of installation/assembly.
6.2. Separate agreements are concluded with Businesses.
6.3. (Shipping) costs and the costs of installation/assembly shall be charged additionally.
6.4. Above or beyond this, Customers in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Payment Methods, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as payment methods.
7.2. Based on reporting at the time of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and any other costs charged in accordance with Point 6, within 7 days after the reporting arrives in the account/at the Gallery.
7.3. Even in the event of default of payment for which the contractual partner is not responsible, the Gallery shall be entitled to charge default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment for which the contractual partner is responsible shall not be affected.
7.4. The good will only be dispatched/approved for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event of default of payment on the part of the Customer, the Gallery is entitled to assert any rights/claims associated with default of payment or retention of title. It is agreed that unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer shall be notified by e-mail of the date from which the purchased good can be collected; it will be kept ready for collection for a 14-day period at the following address: Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified of this once again by e-mail, when it is to be indicated to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics will be charged after a period of grace of a further 7 days expires. The maximum warehousing costs shall not exceed the purchase price.
9.3. The Gallery shall be entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer shall be notified of the withdrawal/revocation by e-mail, and receive a credit note for the amount of payment received, minus any warehousing costs incurred and a one-off handling fee of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term „right of revocation“, commonly used in Germany and used in the Consumer Rights Directive, corresponds to the term „right of withdrawal“, commonly used in Austria; the terms are used synonymously here. For further details of the right of withdrawal/right of revocation, see the Withdrawal/Revocation Instruction.
10.2. No right of withdrawal/right of revocation exists for goods produced in accordance with the Customer’s specifications or customised to meet the Customer’s personal requirements (portraits, for example, or artworks attached to buildings/the floor).
11. Statutory Warranty, No Guarantee
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details given in the Imprint.
11.3. No guarantee is granted above and beyond the statutory warranty.

 

 

 

Information on Exercising the Right of Withdrawal/Right of Revocation („Withdrawal/Revocation Instruction“ for short)

Based on the General Terms and Conditions of the Gallery
Correct as at: 06/20

The Customer has the right to withdraw from/revoke this Contract within 14 days from its acceptance of the good without giving reasons.
To exercise its right of withdrawal/right of revocation, the Customer must notify the Gallery of its withdrawal from the Contract/revocation of the Contract by sending a clear written declaration, by recorded delivery, to the address Prinz Eugen-Straße 2/5, 1040 Wien. The following is an example of how this might be worded:
I/we (*), address (*), hereby revoke the Contract concluded by me/us (*) relating to the purchase of the following goods (*), as ordered on (*)/received on (*), and withdraw from this Contract.
Signature (*), Place and Date (*).
To meet the withdrawal/revocation deadline, it is sufficient for the Customer to send off the notification of its wish to exercise its right of withdrawal/right of revocation before the withdrawal/revocation deadline deadline expires; in this case, the Gallery must be able to recognise without doubt that the 14-day withdrawal/revocation deadline had not expired at the time the withdrawal/revocation declaration was sent off.
The Customer must immediately return, place back or hand over the good to the Gallery (address: Prinz Eugen-Straße 2/5, 1040 Wien), at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off. In this case, the Gallery must be able to acknowledge beyond doubt that the Customer has complied with the 14-day deadline for good to be returned, placed back or handed over. 
If the Customer legally withdraws from/revokes this Contract, the Gallery has only to reimburse the received purchase price within 14 days at the latest after the day the notification of the withdrawal/revocation has been received at the Gallery. The same payment method will be used for this reimbursement as the Customer used to make the original transaction, unless something different has been explicitly agreed with the Customer. The Customer will not be charged any fees by the Gallery due to this reimbursement; transaction costs withheld from the Customer by the bank are unaffected.
In all cases, the Gallery is entitled to refuse the reimbursement until the Gallery has received the good back again, placed back or handed over, in full and undamaged.
Above and beyond statutory and damages provisions, the Customer is liable for any loss in value of the good, if this loss in value can be attributed to the Customer checking the condition, features and functionality of the goods in an unnecessary manner, or damaging the goods.

 

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the Customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data is any information relating to an identified or identifiable person; i.e. any data containing the individual details of personal  or material circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating the ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the Contract/providing the commissioned services. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit approval/agreement with regard to this. The only personal data to be captured and processed are those necessary for these purposes or which you make available on your own initiative.
    x __________________
The legal basis for the processing of your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit approval/agreement, as well as other legal bases in accordance with the provisions of data protection law; processing is in compliance with the requirements of data protection law and in accordance with the legal system.
    x __________________
3. Transmission of Data to and from Third Parties
In order to fulfil the Contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, companies commissioned with production, architects, etc., including other service providers), organisations and other bodies; you are granting your explicit consent/approval in this regard. Your data will be transmitted exclusively on the basis of the applicable data protection law regulations; they may also be transmitted to order processors (IT service providers, for example, internet providers or telephone providers).
    x __________________
The Gallery will also notify you that, within the bounds of its conclusion of the Contract/provision of the services commissioned, it also regularly obtains factual and case-related information relating to you from third parties (artists, for example, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc. including other service providers) or such data as are publicly accessible.
Some of the above-mentioned recipients of your personal data are located outside your country, or process your personal data there. The standard of data protection in other countries may not match that offered in Austria under certain circumstances. The Gallery will only, however, transfer your personal data to countries for which the EU Commission has decided a reasonable standard of data protection is being offered, or if you have granted/grant an order to the contrary.
4. Data Security
Appropriate organisational and technical precautions are used to protect your personal data. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, use and handling.
Despite these efforts to comply with a standard of accuracy which is appropriately high at all times, the possibility cannot be excluded that information you disclose over the internet will be viewed and used by other persons.
Please note, therefore, that the Gallery accepts no liability of any kind for the disclosure of information based on errors in data transmission not caused by it and/or not ascribable to it and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, for example, or the interception of faxes, letters, SMS or WhatsApp messages).
5. Unencrypted Communication
You grant your explicit consent/approval to unencrypted communication (e-mail, SMS or WhatsApp, for example) for the fulfilment of the named purposes of data processing.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right at all times to information regarding whether your personal data are being processed, and where this is affirmed, for what purpose and what categories of personal data are involved; you also have the right to available information about the origin of these data  and the recipients or categories of recipients to whom your personal data have been/are being disclosed.
You also have the right to correction of the data, transmission of the data, opposition to processing of the data, restriction of processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, you can at any time revoke the explicitly granted consents/approvals to the processing of your personal data, including only in part (please note that in many cases, this will mean it is no longer possible to conclude the Contract/provide the commissioned services as a result).
Please direct your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, data transmission, to the address shown below, as long as no unreasonable expense is caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If you believe the processing of your personal data breaches applicable data protection law, or your claims under data protection law have been reached in another way, the possibility exists for you to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
You must disclose to us any changes to your personal data.
8. Disclosure of Data Breaches
The Gallery strives to ensure data breaches are recognised at an early stage and if possible reported to you or the responsible supervisory authority without delay, including the respective data categories affected.
9. Contact Data
Protecting your data is particularly important to us. The Gallery can be reached to answer your questions or revocation at any time using the contact data shown below:

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me, and copies thereof handed over/transmitted to me; I have understood and take note of these. I am granting the explicit consents/approvals voluntarily, and have initialled these.

___________, am __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption („Info“ for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption („Technologies“ in the text below) can be used to obtain data which, under certain circumstances, relate to Interested Parties/Customers as an identified or identifiable person; i.e. data containing individual details of personal or actual conditions. Examples of these data include a name, address, e-mail address and IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of data processing are the operation of this website based on explicit approval/consent from the Interested Party/Customer; the data are processed in compliance with data protection regulations and in harmony with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the scope of contemporary Technologies. Data are transmitted exclusively on the basis of the applicable data protection regulations; the data will also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected by means of appropriate organisational and technical precautions. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, usage and handling.
Despite our efforts to meet appropriately high standards of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind is accepted for the disclosure of information during data transmission and/or unauthorised accessing by third parties (a hacker attack on a server/e-mail account, for example).
5. Storage of Data

The data of Interested Parties/Customers will not be stored for any longer than is necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right to information about whether their personal data are being processed at any time, and should this indeed be the case, to what purpose and which categories of personal data are involved; furthermore, they have a right to available information about their origin and recipients, as well as categories of recipients to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have a right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, Interested Parties/Customers can at any time revoke, including only in part, the explicitly granted approval of/consent to the processing of their personal data (Interested Parties/Customers must take into account, therefore, that usage of the website may no longer be possible as a result).
Interested Parties/Customers are required to direct their petition for information, deletion, restriction of processing, correction, opposition to and/or, in the final named case, transmission of data to the address shown in the Imprint, as long as no unreasonable expense is caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law or their claims under data protection law have been breached in some other way, the opportunity exists to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
7. Disclosure of Data Breaches
Data breaches should be acknowledged at an early stage, and if possible, be reported to the Interested Party/Customer or supervisory authority responsible, taking into account the respective data categories affected.


General Terms and Conditions of Business („GTC“ for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The following GTC are exclusively applicable to any orders placed by the Customer (Consumer or Business); if a Business uses conflicting or supplementary GTC, the validity of these is hereby contradicted – they shall only become a component of the Contract with explicit written consent from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively to Customers in the territory of the EEA States and Switzerland; separate agreements are to be concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop does not constitute a binding offer in the legal sense. It is merely an invitation to the customer to place an offer.
3. Placing an Order, Possibility of Correction, Info Window
3.1. If the Customer places an order, this constitutes an offer; a contract is only concluded when it has been accepted by the Gallery.
3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‚*‘) have been completed. If any details are missing, or the Gallery is unable to comply with the order for other reasons, the Customer receives an error message. Before the order is finally sent off, the Customer is to be given the opportunity to correct its order. The Customer receives detailed supporting information directly in the course of the order process.
3.3. As soon as the order process is concluded, the Customer is notified of this by an info window stating „Your order is complete, and has been successfully sent to the Gallery“; this does not yet constitute acceptance of the Customer’s offer on the part of the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer is notified immediately that its order has been received using the e-mail address it has specified, and the date of receipt of the order confirmed („receipt confirmation“). The receipt confirmation does not yet constitute acceptance of the Customer’s order on the part of the Gallery.
4.2. The Customer is bound to its order for 7 days from receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected by this. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the agreement has been accepted by the Gallery; the contract comes into being with the sending of the e-mail.
5.2. The contractual text is stored by the Gallery; it is sent to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices indicated are total prices for Consumers; these include any taxes, especially Austrian sales tax at the applicable rate, fees and charges, but exclude (shipping) costs or the costs of installation/assembly.
6.2. Separate agreements are reached for Businesses.
6.3. (Shipping) costs and the costs of installation/assembly are invoiced additionally.
6.4. Above or beyond this, a Customer in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Payment Methods, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as payment methods.
7.2. Based on accounting at the time of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and any other costs invoiced in accordance with Point 6, within 7 days at the longest after the accounting arrives in the account/at the Gallery.
7.3. Even in the event of default of payment for which the contractual partner is not responsible, the Gallery shall be entitled to charge  default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment for which the contractual partner is responsible shall not be affected.
7.4. The good will only be shipped/approved for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event of default of payment by the Customer, the Gallery shall be entitled to assert any rights/claims associated with the default of payment and the retention of title. It is agreed that the unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer shall be notified by e-mail of the date from when the purchased good can be collected; the good shall be kept ready for collection for a period of 14 days at the address Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified once again by e-mail, when it is to be pointed out to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics are charged following the expiry of a period of grace of 7 more days. The maximum warehousing costs are not to exceed the purchase price.
9.3. The Gallery is entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer is notified of the withdrawal/revocation by e-mail, and receives a credit note for the amount of the payment received minus any warehousing costs incurred and a one-off administrative charge of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term „right of revocation“, common in Germany and used in the Consumer Rights Directive, corresponds to the term „right of withdrawal“, common in Austria; these terms are used synonymously. For further details of the right of withdrawal/right of revocation, see the withdrawal/revocation instruction.
10.2. There is no right of withdrawal/right of revocation for goods produced in accordance with customer specifications or customised to meet the Customer’s personal needs (portraits, for example, or some artworks linked with buildings/the floor).
11. Legal Warranty, No Warranty
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details specified in the Imprint.
11.3. No guarantee is granted beyond the statutory warranty.

 

 

 

Information on Exercising the Right of Withdrawal/Right of Revocation
(„Withdrawal/Revocation Instruction“ for short in the text below)

Based on the GTC of the Gallery

Correct as at: 06/20

The Customer has the right to withdraw from/revoke this Contract without giving reasons within 14 days after the good has been accepted.
To exercise its right of withdrawal/right of revocation, the Customer must notify the Gallery by sending a registered letter to the address Prinz Eugen-Straße 2/5, 1040 Wien containing a clear written statement regarding its withdrawal from/revocation of the Contract. The  following is an example of how this letter might be worded:
I/we (*), address (*), hereby revoke the contract concluded by myself/ourselves (*) relating to the purchase of the following goods (*), ordered on (*)/received on (*), and withdraw from this contract.
Signature (*), Place and Date (*).
To comply with the withdrawal/revocation, it is sufficient for the Customer to send off the notification regarding its exercising of the right of revocation before the withdrawal/revocation deadline expires; in this case, the Gallery must be able to recognise beyond doubt that the 14-day withdrawal/revocation deadline had not expired at the time the withdrawal/revocation declaration was sent off.
The Customer must immediately return, place back or hand over the good to the Gallery (address: Prinz Eugen-Straße 2/5, 1040 Wien), at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off; in this case, the Gallery must be able to recognise beyond doubt that the Customer has complied with the 14-day deadline for the good to be returned, placed back or handed over.
If the Customer legally withdraws from/revokes this Contract, the Gallery must only reimburse the purchase price which has reached it within 14 days at the latest from the day the notification of withdrawal/revocation arrived at the Gallery. The same payment method will be used for this reimbursement as the Customer used for the original transaction, unless specifically agreed otherwise with the Customer. The Customer will not be charged any fees by the Gallery as a result of this reimbursement; transaction costs deducted from the Customer by the bank are unaffected by this.
The Gallery shall be entitled to refuse the reimbursement in any event until the good has been returned, placed back or handed over to the Gallery again in full, and in undamaged condition.
Above and beyond the statutory provisions and provisions under compensation law, the Customer shall be liable for any loss in value of the good if this loss in value can be ascribed to the Customer handling the good in an unnecessary manner to check the condition, features or functionality of the good, or to damage caused by the Customer.

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data are any information relating to an identified or identifiable person, i.e. any data containing the individual details of personal  or material circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating the ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the Contract/providing the commissioned services. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit approval/agreement with regard to this. The only personal data to be captured and processed will be those necessary for these purposes or which you make available on your own initiative.
    x __________________
The legal basis for processing your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit approval/consent, as well as other legal bases in accordance with the provisions of data protection law; processing is in compliance with the requirements of data protection law and in accordance with the legal order.
    x __________________
3. Transmission of Data to and from Third Parties
To fulfil the Contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc., including other service providers), organisations and other bodies; you are granting your explicit consent/approval in this regard. Your data will be transmitted exclusively on the basis of the applicable data protection law regulations; they may also be transmitted to order processors (IT service providers, for example, internet providers or telephone providers).
    x __________________
The Gallery also notifies you that, within the bounds of its conclusion of the Contract/provision of the services commissioned, it regularly obtains factual and case-related information relating to you from third parties (artists, for example, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc. including other service providers) or data that are publicly accessible.
Some of the above-mentioned recipients of your personal data are located outside your country, or process your personal data there. Standards of data protection in other countries may not match those offered in Austria under certain circumstances. However, the Gallery will only transfer your personal data to countries for which the EU Commission has decided a reasonable standard of data protection is provided, or if you have granted/grant an order to the contrary.
4. Data Security
Appropriate organisational and technical precautions are used to protect your personal data. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, use and handling.
Despite these efforts to meet standards of accuracy which are appropriately high at all times, the possibility cannot be excluded that information you disclose over the internet will be viewed and used by other persons.
Please note, therefore, that the Gallery accepts no liability of any kind for the disclosure of information based on errors in data transmission not caused by it and/or not attributable to it and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, for example, or the interception of faxes, letters, SMS or WhatsApp messages).
5. Unencrypted Communication
You are granting your explicit consent to/approval of unencrypted communication (e-mail, SMS or WhatsApp, for example) for the fulfilment of the named purposes of data processing.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right at all times to information regarding whether your personal data are being processed, and where this is affirmed, for what purpose and what categories of personal data are involved; you also have the right to available information about the origin of these data, and the recipients or categories of recipients to whom your personal data have been/are being disclosed.
You also have the right to the correction, transmission, opposition to processing and restriction of processing of data, as well as the blocking or deletion of incorrect or improperly processed data.
Beyond this, you can at any time revoke the explicitly granted consents/approvals to the processing of your personal data, including only in part (please note that in many cases, this will mean it is no longer possible to conclude the Contract/provide the commissioned services as a result).
Please direct your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, transmission of data, to the address shown below, as long as disproportionate expense is not caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If you believe the processing of your personal data breaches applicable data protection law, or your claims under data protection law have been reached in another way, you have the option of lodging a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
You must disclose to us any changes to your personal data.
8. Disclosure of Data Breaches
The Gallery strives to ensure data breaches are recognised at an early stage and if possible reported to you or the responsible supervisory authority without delay, including the respective data categories affected.
9. Contact Data
Protecting your data is particularly important to us. The Gallery can be reached to answer your questions or revocation at any time using the contact data shown below:

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me, and copies thereof handed over/transmitted to me; I have understood and take note of these. I am granting the explicit consents/approvals voluntarily, and have initialled these.

___________, am __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption („Info“ for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption („Technologies“ in the text below) can be used to obtain data which, under certain circumstances, relate to Interested Parties/Customers as an identified or identifiable person; i.e. data containing individual details of personal or actual conditions. Examples of these data include a name, address, e-mail address or an IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of data processing are the operation of this website based on the explicit approval/consent of the Interested Party/Customer; the data are processed in compliance with data protection law regulations and in harmony with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the bounds of contemporary technologies. Data are transmitted exclusively on the basis of applicable data protection law regulations; data may also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected by appropriate organisational and technical precautions. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, usage and handling.
Despite our efforts to meet appropriately high standards of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind will be accepted for the disclosure of information during data transmission and/or for unauthorised access by third parties (a hacker attack on a server/e-mail account, for example).
5. Storage of Data
The data of Interested Parties/Customers will not be stored for any longer than necessary for the fulfilment of the purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right to information about whether their personal data are being processed at any time, and if this is affirmed, to what purpose and which categories of personal data are involved; they also have a right to available information about their origin and the recipients, as well as categories of recipients, to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have a right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, Interested Parties/Customers can revoke, including only in part, the explicitly granted approval of/consent to the processing of their personal data at any time (Interested Parties/Customers must take into account the fact that usage of the website will no longer be possible as a result).
Interested Parties/Customers must send their petition for information, deletion, restriction of processing, correction, opposition and/or, in the final specified case, transmission of data, as long as disproportionate expenses are not caused as a result, to the address shown in the Imprint; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law, or their claims under data protection law have been breached in some other way, they have the option of lodging a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
7. Disclosure of Data Breaches
Data breaches should be acknowledged at an early stage, and be reported, if possible, without delay to the Interested Party/Customer or supervisory authority responsible, taking into account the respective data categories affected.


General Terms and Conditions of Business („GTC“ for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The following GTC are exclusively applicable to any orders placed by the Customer (Consumer or Business); if a Business uses conflicting or supplementary GTC, the validity of these is hereby contradicted – these shall only become a component of the Contract with explicit written consent from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively to Customers in the territory of the EEA States and Switzerland; separate agreements are to be concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop does not constitute a binding offer in the legal sense. It is merely an invitation to the customer to place an offer.
3. Placing an Order, Possibility of Correction, Info Window
3.1. If the Customer places an order, this constitutes an offer; a Contract is only concluded when it has been accepted by the Gallery.
3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‚*‘) have been completed. If any details are missing, or the Gallery is unable to comply with the order for other reasons, the Customer shall receive an error message. Before the order is finally sent off, the Customer shall be given the opportunity to correct its order. The Customer receives detailed supporting information directly in the course of the order process.
3.3. As soon as the order process is concluded, the Customer shall be notified of this by an info window stating „Your order is complete, and has been successfully sent to the Gallery“; this doesn’t yet constitute acceptance of the Customer’s offer by the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer is notified immediately that its order has been received using the e-mail address it has specified, and the date of receipt of the order confirmed („receipt confirmation“). The receipt confirmation does not yet constitute acceptance of the Customer’s order by the Gallery.
4.2. The Customer is bound to its order for 7 days from receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the agreement has been accepted by the Gallery; the Contract is concluded with the sending of the e-mail.
5.2. The contractual text is stored by the Gallery; it is sent to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices indicated are all-in prices for Consumers; these include any taxes, especially Austrian sales tax at the applicable rate, fees and charges, but exclude (shipping) costs or the costs of installation/assembly.
6.2. Separate agreements are reached for Businesses.
6.3. (Shipping) costs and the costs of installation/assembly are invoiced additionally.
6.4. Above or beyond this, a Customer in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Methods of Payment, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as methods of payment.
7.2. Based on reporting at the time of of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and any other costs in accordance with Point 6, within 7 days at the latest after the reporting arrives in the account/at the Gallery.
7.3. Even in the event of default of payment for which the contractual partner is not responsible, the Gallery shall be entitled to charge default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment for which the contractual partner is responsible shall not be affected.
7.4. The good will only be dispatched/approved for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event of default of payment by the Customer, the Gallery shall be entitled to assert any rights/claims associated with the default of payment and retention of title. it is agreed that unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer is notified by e-mail from which the purchased good can be collected; it is kept ready for collection for a period of 14 days at the address Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified once again by e-mail, when it is to be pointed out to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics are charged following the expiry of a period of grace of 7 more days. The maximum warehousing costs are not to exceed the purchase price.
9.3. The Gallery is entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer is notified of the withdrawal/revocation by e-mail, and receives a credit note for the amount of the payment received minus any warehousing costs incurred and a one-off administrative charge of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term „right of revocation“, common in Germany and used in the Consumer Rights Directive, corresponds to the term „right of withdrawal“, common in Austria; these terms are used synonymously. For further details of the right of withdrawal/right of revocation, see the withdrawal/revocation instruction.
10.2. There is no right of withdrawal/right of revocation for goods produced in accordance with customer specifications or customised to meet the Customer’s personal needs (portraits, for example, or some artworks linked with buildings/the floor).
11. Legal Warranty, No Warranty
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details specified in the Imprint.
11.3. No guarantee is granted beyond the statutory warranty.

 

 

 

Information on Exercising the Right of Withdrawal/Right of Revocation
(„Withdrawal/Revocation Instruction“ for short in the text below)

Based on the GTC of the Gallery

Correct as at: 06/20

The Customer has the right to withdraw from/revoke this Contract without giving reasons within 14 days after acceptance of the good.
To exercise its right of withdrawal/right of revocation, the Customer must notify the Gallery by sending a registered letter to the address Prinz Eugen-Straße 2/5, 1040 Wien containing a clear written statement regarding its withdrawal from/revocation of the Contract. The  following is an example of how this letter might be worded:
I/we (*), address (*), hereby revoke the contract concluded by myself/ourselves (*) relating to the purchase of the following goods (*), ordered on (*)/received on (*), and withdraw from this contract.
Signature (*), Place and Date (*).
To comply with the withdrawal/revocation deadline, it is sufficient for the Customer to send off the notification regarding its exercising of the right of revocation before the withdrawal/revocation deadline expires; in this case, the Gallery must be able to recognise beyond doubt that the 14-day withdrawal/revocation deadline had not expired at the time the withdrawal/revocation declaration was sent off.
The Customer must immediately return, place back or hand over the good to the Gallery (address: Prinz Eugen-Straße 2/5, 1040 Wien), at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off; in this case, the Gallery must be able to recognise beyond doubt that the Customer has complied with the 14-day deadline for the good to be returned, placed back or handed over.
If the Customer legally withdraws from/revokes this Contract, the Gallery must only reimburse the purchase price received within 14 days at the latest from the day the notification of withdrawal/revocation arrived at the Gallery. The same payment method will be used for this reimbursement as the Customer used for the original transaction, unless something different is specifically agreed with the Customer. The Customer will not be charged any fees by the Gallery as a result of this reimbursement; transaction costs withheld from the Customer by the bank are unaffected by this.
In all cases, the Gallery shall be entitled to refuse the reimbursement until the good has been returned, placed back or handed over to the Gallery again in full, and in undamaged condition.
Above and beyond the statutory provisions and provisions under compensation law, the Customer shall be liable for any loss in value of the good if this loss in value can be attributed to the Customer handling the good in an unnecessary manner to check the condition, features or functionality of the good, or to damage caused by the Customer.

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data are any information relating to an identified or identifiable person, i.e. any data containing individual details of personal or actual circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the Contract/providing the services commissioned. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit consent/approval regarding this. The only personal data to be captured and processed will be those necessary for these purposes, or which you make available upon your own initiative.
    x __________________
The legal basis for processing your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit consent/approval, as well as other legal bases in accordance with the provisions of data protection law; data are processed in compliance with the requirements of data protection law, and in accordance with the legal order.
    x __________________
3. Transmission of Data to and from Third Parties
In order to fulfil the Contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc., including other service providers), organisations and other bodies; you are granting your explicit consent/approval regarding this. Your data will be transmitted based exclusively on the provisions of valid data protection law; data may also be transmitted to processors (IT service providers, internet providers and telephone providers, for example).
    x __________________
The Gallery also notifies you, furthermore, that within the scope of fulfilling the Contract/providing the services commissioned, it regularly obtains factual and case-related information relating to you from third parties (e.g. artists, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc., as well as other service providers), and to information which is publicly accessible.
Some of the recipients of your personal data named above are located outside your country, or process your personal data there. In some circumstances, standards of data protection in other countries do not correspond to those of Austria. However, the Gallery will only transmit your personal data to countries if the EU Commission has decided the countries in question have access to reasonable standards of data protection, or you have placed/are placing an order to the contrary.
4. Data Security
Appropriate organisational and technical precautions are taken to protect your personal data. In particular, these precautions relate to protection from unauthorised, unlawful or even accidental access, processing, loss, use and handling. 

Despite such efforts to meet standards of requirements of care which are appropriately high at all times, the possibility cannot be excluded that information you disclose over the internet will be viewed or used by other people.
Please note that for this reason, the Gallery accepts no liability of any kind for the disclosure of information due to errors not caused by it, and/or errors in data transmission not attributable to it, and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, or the interception of faxes, letters, SMS or WhatsApp messages, for example).
5. Unencrypted Communication
You grant your explicit consent to/approval of unencrypted communication (e-mail, SMS or WhatsApp, for example) to fulfil the purposes of data processing specified.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than necessary to fulfil the purposes of data processing named or legal requirements, or the defence of possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right to information regarding whether your personal data are being processed at any time, and if this is the case, for what purpose, and which categories of personal data are involved; furthermore, you have the right to available information about their origin and the recipients, or categories of recipients, to whom your personal data have been/are being disclosed.
You also have the right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and the blocking or deletion of incorrect or improperly processed data. 
Beyond this, you can revoke, including only in part, explicitly granted consents to/approvals of the processing of your personal data, at any time (please take into account the fact that in many cases, it will no longer be possible to conclude the Contract/provide the commissioned services as a result).
Please direct your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, transmission of data, to the address shown below, as long as no disproportionate expense is caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If you believe the processing of your personal data breaches applicable data protection law, or has breached your claims under data protection law in some other way, you have the option of lodging a complaint with the supervisory authority responsible. The authority responsible for this in Austria is the Data Protection Authority.
You are required to notify us of any changes to your personal data.
8. Disclosure of Data Breaches
The Gallery shall endeavour to ensure data breaches are recognised at an early stage, and if necessary, report these to you or the supervisory authority responsible, including the data categories affected in each respective case.
9. Contact Details
It is particularly important to us that your data be protected. If you have any questions or would like us to give you a call back, you can use the contact details below to reach the Gallery at any time.

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me, and copies thereof handed over/transmitted to me; I have understood and taken note of these. 

I am granting the explicit approvals/agreements voluntarily, and have initialled these.

___________, this day __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption („Info“ for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption („Technologies“ in the text below) can be used to obtain data which, under certain circumstances, relate to Interested Parties/Customers as an identified or identifiable person, i.e. data containing individual details of personal or actual conditions. Examples of these data include a name, address, e-mail address or an IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of data processing are the operation of this website based on the explicit approval/consent of the Interested Party/Customer; data are processed in compliance with data protection regulations and in accordance with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the bounds of current technologies. Data will be transmitted exclusively on the basis of the applicable data protection regulations; they may also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected using appropriate organisational and technical precautions. These precautions particularly relate to protection from unauthorised, unlawful or even accidental accessing, processing, loss, usage or handling.
Despite our efforts to meet appropriately high standards of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind will be accepted for the disclosure of information during data transmission, and/or unauthorised accessing by third parties (a hacker attack on a server/e-mail account, for example).
5. Storage of Data
The data of Interested Parties/Customers will not be stored for any longer than is necessary to fulfil the purposes of data processing or statutory obligations, and to defend any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right at all times to information relating to whether their personal data are being processed, and if this is the case, to what purpose and which categories of personal data are involved; they also have a right to available information about their origin and the recipients, as well as categories of recipients, to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have a right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and to the blocking or deletion of incorrect or unlawfully processed data.
Beyond this, Interested Parties/Customers can revoke, including in part, the explicitly granted approval of/consent to the processing of their personal data (Interested Parties/Customers must take into account the fact that usage of the website will no longer be possible as a result).
Interested Parties/Customers must send their petition for information, deletion, restriction of processing, correction, opposition and/or data transmission, in the final case, as long as disproportionate expense is not caused as a result, to the address shown in the Imprint; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law or their claims have been breached in another way, the option exists to lodge a complaint with the supervisory authority responsible. The authority responsible for doing this in Austria is the Data Protection Authority. 
7. Disclosure of Data Breaches
Data breaches must be acknowledged at an early stage and, where possible, immediately reported to the Interested Party/Customer or supervisory authority responsible, taking into account the respective data categories affected.


General Terms and Conditions of Business („GTC“ for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The following GTC are exclusively applicable to any orders placed by the Customer (Consumer or Business); if a Business uses conflicting or supplementary GTC, the validity of these is hereby contradicted – they only become a component of the Contract with explicit written agreement from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively at Customers in the territory of EEA States and Switzerland; separate agreements are concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop does not constitute a binding offer in the legal sense. It is merely an invitation to the Customer to place an offer.
3. Placing an Order, Correction Option, Info Window
3.1. Placement of an order by the Customer shall constitute an offer; the Contract is only concluded once it has been accepted by the Gallery.

3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‚*‘) have been completed. If any details are missing or the Gallery is unable to comply with the order for other reasons, the Customer shall receive an error message. Before finally sending off its order, the Customer is given the option to correct its order. The Customer shall receive detailed supporting information directly in the course of the order process. 

3.3. As soon as the order process is concluded, the Customer shall be notified of this by an info window containing the message „Your order is complete, and has been successfully sent to the Gallery.“ This does not yet constitute acceptance of the Customer’s offer by the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer is notified immediately via the e-mail address it has provided that its order has been received, and the date of receipt of the order confirmed („confirmation of receipt“). Confirmation of receipt does not yet constitute acceptance of the Customer’s order by the Gallery.
4.2. The Customer is bound to its order for 7 days following receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected by this. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the Contract has been accepted by the Gallery; the Contract is concluded with the sending of the e-mail.
5.2. The text of the Contract is stored by the Gallery; it is transmitted to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices are all-in prices for Consumers; these are understood as including any taxes, especially Austrian value added tax at the statutory rate, fees and charges, but excluding (shipping) costs and the costs of installation/assembly.
6.2. Separate agreements are concluded with Businesses.
6.3. (Shipping) costs and the costs of installation/assembly shall be charged additionally.
6.4. Above or beyond this, Customers in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Payment Methods, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as payment methods.
7.2. Based on accounting at the time of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and any other costs charged in accordance with Point 6, within 7 days after the accounting arrives in the account/at the Gallery.
7.3. Even in the event of default of payment for which the contractual partner is not responsible, the Gallery shall be entitled to charge default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment for which the contractual partner is responsible are not affected by this.
7.4. The good will only be dispatched/approved for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event of default of payment on the part of the Customer, the Gallery is entitled to assert any rights/claims associated with default of payment or retention of title. It is agreed that unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer shall be notified by e-mail of the date from when the purchased good can be collected; it will be kept ready for collection for a 14-day period at the following address: Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified of this once again by e-mail, when it is to be indicated to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics will be charged following expiry of a period of grace of a further 7 days. The maximum warehousing costs shall not exceed the purchase price.
9.3. The Gallery shall be entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer shall be notified of the withdrawal/revocation by e-mail, and receive a credit note for the amount of the payment received, minus any warehousing costs incurred and a one-off handling fee of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term „right of revocation“, commonly used in Germany and used in the Consumer Rights Directive, corresponds to the term „right of withdrawal“, commonly used in Austria; these terms are used synonymously. For further details of the right of withdrawal/right of revocation, see the Withdrawal/Revocation Instruction.
10.2. No right of withdrawal/right of revocation exists for goods which are produced in accordance with the Customer’s specifications or customised to meet the Customer’s personal requirements (portraits, for example, or artworks attached to buildings/the floor).
11. Statutory Warranty, No Guarantee
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details given in the Imprint.
11.3. No guarantee is granted above and beyond the statutory warranty.

 

 

Information on Exercising the Right of Withdrawal/Right of Revocation („Withdrawal/Revocation Instruction“ for short)

Based on the General Terms and Conditions of the Gallery
Correct as at: 06/20

The Customer has the right to withdraw from/revoke this Contract within 14 days from the takeover of the good without giving reasons.
In order to exercise the right of withdrawal/right of revocation, the Customer must notify the Gallery, by recorded delivery of a clear written declaration to the address Prinz Eugen-Straße 2/5, 1040 Wien, of its withdrawal from the Contract/revocation of the Contract. The following is an example of how this might be worded:
I/we (*), address (*), hereby revoke the Contract concluded by me/us (*) relating to the purchase of the following goods (*), as ordered on (*)/received on (*), and withdraw from this Contract.
Signature (*), Place and Date (*).
To safeguard the withdrawal/revocation deadline, it is sufficient for the Customer to send off the notification of its wish to exercise its right of withdrawal/right of revocation before the withdrawal/revocation deadline deadline expires; in this case, the Gallery must be able to recognise beyond doubt that the 14-day withdrawal/revocation deadline had not expired at the time the withdrawal/revocation declaration was sent out.
The Customer must immediately return, please back or hand over the good to the Gallery (address: Prinz Eugen-Str. 2/5, 1040 Wien) at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off; in this case, the Gallery must be able to recognise beyond doubt that the Customer has complied with the 14-day deadline for the good to be returned, placed back or handed over.
If the Customer legally withdraws from/revokes this Contract, the Gallery has only to reimburse the purchase price received at the Gallery within 14 days from the day the notification of the withdrawal/revocation was received at the Gallery at the latest. The same payment method will be used for this reimbursement as was used by the Customer to make the original transaction, unless something different has been explicitly agreed with the Customer. The Customer will not be charged any costs by the Gallery due to this reimbursement; transaction costs of the Customer withheld by the bank are not affected.
At any rate, the Gallery is entitled to refuse the reimbursement until the Gallery has had the good returned/placed black or handed back over again, in full and undamaged.
Above and beyond the statutory and damages regulations, the Customer is liable for any loss in value of the good if this loss in value can be ascribed to the Customer handling, or damaging, the good in an unnecessary way to check the condition, features and functionality of the goods.

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data is any information relating to an identified or identifiable person; i.e. any data containing the individual details of personal  or material circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating the ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the contract/providing the commissioned services. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit approval/agreement with regard to this. The only personal data to be captured and processed are those necessary for these purposes or which you make available on your own initiative.
    x __________________
The legal basis for the processing of your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit approval/agreement, as well as other legal bases in accordance with the provisions of data protection law; processing is in compliance with the requirements of data protection law and in accordance with the legal system.
    x __________________
3. Transmission of Data to and from Third Parties
In order to fulfil the contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, companies commissioned with production, architects, etc., including other service providers), organisations and other bodies; concerning this matter, you grant your explicit consent/approval. Your data will be transmitted exclusively based on the applicable data protection law regulations; some may also be transmitted to order processors (IT service providers, for example, internet providers and telephone providers).
    x __________________
The Gallery notifies you, moreover, that within the bounds of concluding the Contract/providing the commissioned services, it also regularly obtains actual and case-related information relating to you from third parties (e.g. artists, printers, frame makers, forwarding companies, producers commissioned in the manufacturing process, architects, etc., including other service providers), or those that are publicly accessible.
Some of the above-mentioned recipients of your personal data are located outside your country, or process your personal data there. The standard of data protection in other countries may not match that offered in Austria under some circumstances. However, the Gallery will only transmit your personal data to countries for which the EU Commission has decided an appropriate standard of data protection is offered, or if you have granted/are granting an order worded differently.
4. Data Security
Your personal data are protected using appropriate organisational and technical precautions. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, use or handling.
Despite our efforts to maintain appropriately high standards of care at all times, the possibility annot be excluded that information you disclose over the internet will be viewed or used by other people.
Please note, therefore, that the Gallery cannot accept any liability of any kind for the disclosure of information based on errors not caused by it and/or not ascribable errors in data transmission and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, for example, interception of faxes, letters, SMS or WhatsApp messages).
5. Unencrypted Communication
You grant your explicit consent to/approval of unencrypted communication (e.g. e-mail, SMS or WhatApp) for the fulfilment of the specified purposes of the data processing.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than is necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right at all times to information regarding whether your personal data are being processed, and if this is affirmed, for what purpose, and which categories of persona data are involved; moreover, you have the right to available information about their origin and recipients, or categories of recipients, to whom your personal data have been/are being disclosed.
You also have the right to the correction, data transmission, opposition to processing, restriction of processing, and the blocking or deletion of incorrect or improperly processed data.
Beyond this, you can revoke explicitly granted approvals of/consents to the processing of your personal data, including only in part, at any time (please note in many cases, it will no longer be possible to conclude the Contract/provide the services commissioned as a result).
Please send your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, data transmission, as long as disproportionate expense is not caused as a result, to the address shown below; cf. Art. 12, General Data Protection Regulations Austria.
If you believe the processing of your personal data breaches applicable data protection law or your claims under data protection law have been breached in some other way, the opportunity exists to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
You must disclose any changes to your personal data to the Gallery.
8. Disclosure of Data Breaches
The Gallery strives to ensure data breaches are acknowledged at an early stage and reported to you or the supervisory authority responsible without delay if necessary, taking into account the respective data categories affected.
9. Contact Data
Protecting your data is of particular importance to us. If you have any queries or would like us to give you a ring back, you can reach the Gallery at any time using the contact data shown below:

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me and copies thereof handed over/transmitted to me; I have understood these, and take note of them. I grant each of the explicit consents/approvals voluntarily, and have initialed these.

___________, this day __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption („Info“ for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption („Technologies“ in the text below) can be used to obtain data which, under certain circumstances, related to Interested Parties/Customers as an identified or identifiable person, i.e. data containing individual details of personal or actual conditions. Example of these data include a name, address, e-mail address or an IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of data processing are the operation of this website based on the explicit consent/approval of the Interested Party/Customer; data are processed in compliance with the provisions of data protection law, and in harmony with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the scope of contemporary technologies. The data are transmitted exclusively on the basis of the applicable data protection regulations; these data may also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected using appropriate organisational and technical precautions. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, usage and handling.
Despite our efforts to meet appropriately high standards of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind wll be accepted for the disclosure of information during data transmission and/or for unauthorised access by third parties (a hacker attack on a server/e-mail account, for example).
5. Storage of Data
The data of Interested Parties/Customers will not be stored for any longer than necessary for the fulfilment of the purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right to information about whether their personal data are being processed at any time, and should this indeed be the case, to what purpose and which categories of personal data are involved; furthermore, they have a right to available information about their origin and recipients, as well as categories of recipients to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have the right to correction of the data, transmission of the data, opposition to the processing of the data and restriction of the processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, Interested Parties/Customers can revoke, including only in part, their explicitly granted approval of/consent to the processing of their personal data at any time (Interested Parties/Customers must take into account the fact that usage of the website will no longer be possible as a result).
Interested Parties/Customers must send their petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, data transmission, as long as disproportionate expense is not caused as a result, to the address shown in the Imprint; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law or their claims under data protection law have been breached in some other way, the opportunity exists to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
7. Disclosure of Data Breaches
Data breaches should be acknowledged at an early stage, and be reported without delay, if possible, to the Interested Part/Customer or supervisory authority responsible, taking into account the respective data categories affected.


General Terms and Conditions of Business („GTC“ for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The GTC outlined in the text below apply exclusively to any orders placed by the Customer (Consumer or Business); if a Business is using conflicting or supplementary GTC, the validity of these is hereby contradicted – they only become a component of the Contract with explicit written agreement from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively towards Customers in the territory of the EEA States and Switzerland; separate agreements are to be concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop does not constitute a binding offer in the legal sense. It is merely an invitation to the customer to place an offer.
3. Placing an Order, Possibility of Correction, Info Window
3.1. If the Customer places an order, this constitutes an offer; a contract is only concluded when it has been accepted by the Gallery.
3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‚*‘) have been completed. If any details are missing, or the Gallery is unable to comply with the order for other reasons, the Customer receives an error message. Before the order is finally sent off, the Customer is to be given the opportunity to correct its order. The Customer receives detailed supporting information directly in the course of the order process.
3.3. As soon as the order process is concluded, the Customer is notified of this by an info window stating „Your order is complete, and has been successfully sent to the Gallery“; this does not yet constitute acceptance of the Customer’s offer on the part of the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer is notified immediately that its order has been received using the e-mail address it has specified, and the date of receipt of the order confirmed („receipt confirmation“). The receipt confirmation does not yet constitute acceptance of the Customer’s order on the part of the Gallery.
4.2. The Customer is bound to its order for 7 days from receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected by this. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the agreement has been accepted by the Gallery; the contract comes into being with the sending of the e-mail.
5.2. The contractual text is stored by the Gallery; it is sent to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices indicated are total prices for Consumers; these include any taxes, especially Austrian sales tax at the applicable rate, fees and charges, but exclude (shipping) costs or the costs of installation/assembly.
6.2. Separate agreements are reached for Businesses.
6.3. (Shipping) costs and the costs of installation/assembly are invoiced additionally.
6.4. Above or beyond this, a Customer in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Methods of Payment, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as methods of payment.
7.2. Based on accounting at the time of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and the other costs charged according to Point 6, within 7 days after the accounting arrives in the account/at the Gallery.
7.3. Even in the event of default of payment for which the contractual partner is not responsible, the Gallery shall be entitled to charge default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment shall not be affected.
7.4. The good will only be shipped/released for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event that the Customer defaults on payment, the Gallery is entitled to assert any rights/claims associated with the default of payment or retention of title. It is agreed that unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer is notified by e-mail from when the purchased good can be collected; it is kept ready for collection for a period of 14 days at the address Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified once again by e-mail, when it is to be pointed out to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics are charged following the expiry of a period of grace of 7 more days. The maximum warehousing costs are not to exceed the purchase price.
9.3. The Gallery is entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer is notified of the withdrawal/revocation by e-mail, and receives a credit note for the amount of the payment received minus any warehousing costs incurred and a one-off administrative charge of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term „right of revocation“, common in Germany and used in the Consumer Rights Directive, corresponds to the term „right of withdrawal“, common in Austria; these terms are used synonymously. For further details of the right of withdrawal/right of revocation, see the withdrawal/revocation instruction.
10.2. There is no right of withdrawal/right of revocation for goods produced in accordance with customer specifications or customised to meet the Customer’s personal needs (portraits, for example, or some artworks linked with buildings/the floor).
11. Legal Warranty, No Warranty
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details specified in the Imprint.
11.3. No guarantee is granted beyond the statutory warranty.

 

 

 

Information on Exercising the Right of Withdrawal/Right of Revocation
(„Withdrawal/Revocation Instruction“ for short)

Based on the General Terms and Conditions of the Gallery
Correct as at: 06/20

The Customer has the right to withdraw from ths Contract/revoke this Contract within 14 days after its acceptance of the good without giving reasons.
To exercise the right of withdrawal/right of revocation, the Customer must notify the Gallery, by recorded delivery of a clear written declaration to the address Prinz Eugen-Straße 2/5, 1040 Wien, of its withdrawal from the Contract/revocation of the Contract. What follows is an example of how this might be worded:
I/we (*), address (*), hereby revoke the contract concluded by me/us (*) relating to the purchase of the following goods (*), as ordered on (*)/received on (*), and withdraw from this contract.
Signature (*), Place and Date (*).
To comply with the withdrawal/revocation deadline, it is sufficent for the Customer to send off the notification of the assertion of its right of withdrawal/right of revocation before the withdrawal/revocation deadline expires; in this case, the Gallery must be able to recognise beyond doubt that the 14-day withdrawal/revocation deadline had not expired at the time of the withdrawal/revocation declaration was sent off.
The Customer must immediately return, place back or hand over the good to the Gallery (address: Prinz Eugen-Straße 2/5, 1040 Wien) at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off; in this case, the Gallery must be able to recognise beyond doubt that the Customer has complied with the 14-day deadline for the good to be returned, placed back or handed over.
If the Customer lawfully withdraws from this Contract/revokes this Contract, the Gallery has only to reimburse the purchase price received within 14 days at the longest after the day the notification of the withdrawal/revocation arrived at the Gallery. The same method of payment shall be used for this reimbursement as the Customer used for the original transaction. unless something different has been explicitily agreed with the Customer. The Customer will not be charged any fees by the Gallery due to this reimbursement; transaction costs withheld from the Customer by the bank shall not be affected by this.
The Gallery shall in any case be entitled to refuse the reimbursement until the Gallery has bis die Galerie die Ware bei ihr einlangend wieder vollständig und unbeschädigt zurückgesendet / -gestellt bzw übergeben bekommen hat.
Above and beyond the statutory provisions and provisions under compensation law, the Customer shall be liable for any loss in value of the good, if this loss in value can be ascribed to the Customer handling the good in an unnecessary manner to check the condition, features or functionality of the goods, or to damage caused by the Customer.

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data is any information relating to an identified or identifiable person; i.e. any data containing the individual details of personal  or material circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating the ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the Contract/providing the commissioned services. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit approval/agreement with regard to this. The only personal data to be captured and processed are those necessary for these purposes or which you make available on your own initiative.
    x __________________
The legal basis for the processing of your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit approval/agreement, as well as other legal foundations in accordance with the provisions of data protection law; processing is in compliance with the requirements of data protection law and in accordance with the legal system.
    x __________________
3. Transmission of Data to and from Third Parties
In order to fulfil the Contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, companies commissioned with production, architects, etc., including other service providers), organisations and other bodies; you are granting your explicit consent/approval in this regard. Your data will be transmitted exclusively on the basis of the applicable data protection law regulations; they may also be transmitted to order processors (IT service providers, for example, internet providers or telephone providers).
    x __________________
The Gallery will also notify you that, within the bounds of its conclusion of the Contract/provision of the services commissioned, it also regularly obtains factual and case-related information relating to you from third parties (artists, for example, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc. including other service providers) or such data as are publicly accessible.
Some of the above-mentioned recipients of your personal data are located outside your country, or process your personal data there. The standard of data protection in other countries may not match that offered in Austria under certain circumstances. The Gallery will only, however, transfer your personal data to countries for which the EU Commission has decided a reasonable standard of data protection is being offered, or if you have granted/grant an order to the contrary.
4. Data Security
Appropriate organisational and technical precautions are used to protect your personal data. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, use and handling.
Despite these efforts to comply with a standard of accuracy which is appropriately high at all times, the possibility cannot be excluded that information you disclose over the internet will be viewed and used by other persons.
Please note, therefore, that the Gallery accepts no liability of any kind for the disclosure of information based on errors in data transmission not caused by it and/or not ascribable to it and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, for example, or the interception of faxes, letters, SMS or WhatsApp messages).
5. Unencrypted Communication
You grant your explicit consent/approval to unencrypted communication (e-mail, SMS or WhatsApp, for example) for the fulfilment of the named purposes of data processing.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right at all times to information regarding whether your personal data are being processed, and where this is affirmed, for what purpose and what categories of personal data are involved; you also have the right to available information about the origin of these data  and the recipients or categories of recipients to whom your personal data have been/are being disclosed.
You also have the right to correction, data transmission, opposition to processing and restriction of processing, as well as the blocking or deletion of incorrect or improperly processed data.
Beyond this, you can at any time revoke the explicitly granted approvals of/consents to the processing of your personal data, including only in part (please note that in many cases, this will mean it is no longer possible to conclude the Contract/provide the commissioned services as a result).
Please direct your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, data transmission, to the address shown below, as long as no unreasonable expense is caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If you believe the processing of your personal data breaches applicable data protection law, or your claims under data protection law have been reached in another way, the possibility exists for you to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
You must disclose to us any changes to your personal data.
8. Disclosure of Data Breaches
The Gallery strives to ensure data breaches are recognised at an early stage and if possible reported to you or the responsible supervisory authority without delay, including the respective data categories affected.
9. Contact Data
Protecting your data is particularly important to us. The Gallery can be reached to answer your questions or revocation at any time using the contact data shown below:

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me, and copies thereof handed over/transmitted to me; I have understood and take note of these. I am granting the explicit consents/approvals voluntarily, and have initialled these.

___________, am __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption („Info“ for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption („Technologies“ in the text below) can be used to obtain data which, under certain circumstances, relate to Interested Parties/Customers as an identified or identifiable person, i.e. data containing individual details of personal or actual conditions. Examples of these data include a name, address, e-mail address or an IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of data processing are the operation of this website based on the explicit consent/approval of the Interested Party/Customer; data are processed in compliance with the requireements of data protection law, and in harmony with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the bounds of contemporary technologies. Data are transmitted exclusively on the basis of applicable data protection regulations; data may also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected using appropriate organisational and technical precautions. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, usage and handling.
Despite our efforts to meet appropriately high standards of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind is accepted for the disclosure of information during data transmission and/or for unauthorised access by third parties (a hacker attack in a server/e-mail account, for example).
5. Storage of Data
The data of Interested Parties/Customers will not be stored for any longer than is necessary for the fulfilment of the purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right to information about whether their personal data are being processed at any time, and should this indeed be the case, to what purpose and which categories of personal data are involved; furthermore, they have a right to available information about their origin and recipients, as well as categories of recipients to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have a right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, Interested Parties/Customers can revoke, including only in part,  the explicitly granted approval of/consent to the processing of their personal data at any time (Interested Parties/Customers must take into account the fact that usage of the website will no longer be possible as a result).
Interested Parties/Customers must send their petition for information, deletion, restriction of processing, correction, opposition and/or, in the final specified case, transmission of the data, to the address shown in the Imprint, as long as disproportionate expense is not caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law or their claims under data protection law have been breached in some other way, the opportunity exists to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
7. Disclosure of Data Breaches
Data breaches should be acknowledged at an early stage, and be reported without delay, if possible, to the Interested Party/Customer or supervisory authority responsible, taking into account the respective data categories affected.


General Terms and Conditions of Business („GTC“ for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art („Gallery“ for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The following GTC are exclusively applicable to any orders placed by the Customer (Consumer or Business); if a Business uses conflicting or supplementary GTC, the validity of these is hereby contradicted – they shall only become a component of the Contract with explicit written consent from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively to Customers in the territory of the EEA States and Switzerland; separate agreements are to be concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop does not constitute a binding offer in the legal sense. It is merely an invitation to the customer to place an offer.
3. Placing an Order, Possibility of Correction, Info Window
3.1. If the Customer places an order, this constitutes an offer; a Contract is only concluded when it has been accepted by the Gallery.
3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‚*‘) have been completed. If any details are missing, or the Gallery is unable to comply with the order for other reasons, the Customer receives an error message. Before the order is finally sent off, the Customer is to be given the opportunity to correct its order. The Customer receives detailed supporting information directly in the course of the order process.
3.3. As soon as the order process is concluded, the Customer is notified of this by an info window stating „Your order is complete, and has been successfully sent to the Gallery“; this does not yet constitute acceptance of the Customer’s offer on the part of the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer is notified immediately that its order has been received using the e-mail address it has specified, and the date of receipt of the order confirmed („receipt confirmation“). The receipt confirmation does not yet constitute acceptance of the Customer’s order on the part of the Gallery.
4.2. The Customer is bound to its order for 7 days from receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected by this. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the agreement has been accepted by the Gallery; the contract comes into being with the sending of the e-mail.
5.2. The contractual text is stored by the Gallery; it is sent to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices indicated are total prices for Consumers; these include any taxes, especially Austrian sales tax at the applicable rate, fees and charges, but exclude (shipping) costs or the costs of installation/assembly.
6.2. Separate agreements are reached for Businesses.
6.3. (Shipping) costs and the costs of installation/assembly are invoiced additionally.
6.4. Above or beyond this, a Customer in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Methods of Payment, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as methods of payment.
7.2. Based on accounting at the time of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and any other costs charged in accordance with Point 6, within 7 days after the accounting arrives in the account/at the Gallery.
7.3. Even in the event of payment default for which the contractual partner is not responsible, the Gallery shall be entitled to charge default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment for which the contractual partner is responsible shall not be affected.
7.4. The good shall only be dispatched/approved for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event of default of payment by the Customer, the Gallery shall be entitled to assert any rights/claims associated with default pf payment and retention of title. It is agreed that unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer is notified by e-mail from when the purchased good can be collected; it is kept ready for collection for a period of 14 days at the address Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified once again by e-mail, when it is to be pointed out to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics are charged following the expiry of a period of grace of 7 more days. The maximum warehousing costs are not to exceed the purchase price.
9.3. The Gallery is entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer is notified of the withdrawal/revocation by e-mail, and receives a credit note for the amount of the payment received minus any warehousing costs incurred and a one-off administrative charge of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term „right of revocation“, common in Germany and used in the Consumer Rights Directive, corresponds to the term „right of withdrawal“, common in Austria; these terms are used synonymously. For further details of the right of withdrawal/right of revocation, see the withdrawal/revocation instruction.
10.2. There is no right of withdrawal/right of revocation for goods produced in accordance with customer specifications or customised to meet the Customer’s personal needs (portraits, for example, or some artworks linked with buildings/the floor).
11. Legal Warranty, No Warranty
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details specified in the Imprint.
11.3. No guarantee is granted beyond the statutory warranty.

 

 

Information on Exercising the Right of Withdrawal/Right of Revocation
(„Withdrawal/Revocation Instruction“ for short in the text below)

Based on the GTC of the Gallery

Correct as at: 06/20

The Customer has the right to withdraw from/revoke this Contract without giving reasons within 14 days after the good has been accepted.
To exercise its right of withdrawal/right of revocation, the Customer must notify the Gallery by sending a registered letter to the address Prinz Eugen-Straße 2/5, 1040 Wien containing a clear written statement regarding its withdrawal from/revocation of the Contract. The  following is an example of how this letter might be worded:
I/we (*), address (*), hereby revoke the contract concluded by myself/ourselves (*) relating to the purchase of the following goods (*), ordered on (*)/received on (*), and withdraw from this contract.
Signature (*), Place and Date (*).
To comply with the withdrawal/revocation, it is sufficient for the Customer to send off the notification regarding its exercising of the right of revocation before the withdrawal/revocation deadline expires; in this case, the Gallery must be able to recognise beyond doubt that the 14-day withdrawal/revocation deadline had not expired at the time the withdrawal/revocation declaration was sent off.
The Customer must immediately return, place back or hand over the good to the Gallery (address: Prinz Eugen-Straße 2/5, 1040 Wien), at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off; in this case, the Gallery must be able to recognise beyond doubt that the Customer has complied with the 14-day deadline for the good to be returned, placed back or handed over.
If the Customer legally withdraws from/revokes this Contract, the Gallery must only reimburse the purchase price which has reached it within 14 days at the latest from the day the notification of withdrawal/revocation arrived at the Gallery. The same payment method will be used for this reimbursement as the Customer used for the original transaction, unless specifically agreed otherwise with the Customer. The Customer will not be charged any fees by the Gallery as a result of this reimbursement; transaction costs withheld from the Customer by the bank shall be unaffected by this.
The Gallery shall be entitled to refuse the reimbursement in any event until the good has been returned, placed back or handed over to the Gallery again in full, and in undamaged condition.
Above and beyond the statutory provisions and provisions under compensation law, the Customer shall be liable for any loss in value of the good if this loss in value can be ascribed to the Customer handling the good in an unnecessary manner to check the condition, features or functionality of the good, or to damage caused by the Customer.

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