Stairway to Heaven

Terms and Conditions

§ 1 General terms
(1) inspirations Gabriele Cinibulk – hereafter called inspirations – runs an online-shop under www.inspirations.eu for the sale of individualized and large-scale printed goods, especially reproductions of works of graphical arts, complementing home accessories, gift items and feel-well clothing.
These terms and conditions apply both for contracts and agreements made via the online-shop of inspirations as well as contracts and agreements initiated and made outside the homepage of inspirations. Contractual partners are the customer/buyer - consumers and businesses – and inspirations.
Consumers in the sense of these terms and conditions are natural persons, who enter a business relationship with inspirations, excluding their commercial or self-employed professional activities.
Businesses in the sense of these terms and conditions are natural and legal persons or private companies having legal capacity that enter a business relationship with inspirations in performing their commercial or independent professional activities.
All contracts with inspirations are, without exemption, based on these terms and conditions applicable at the time of placing the order.
These terms and conditions remain binding, even if individual parts, for whatever reason, are not applicable.
(2) Customer’s conditions
Possible conditions of the buyer do not become applicable for the contract between the buyer and inspirations, even without explicit and written objection made by inspirations.
(3) Scope of services and payment
All prices on the homepage are quoted including the legal value added tax according to the law of the Republic of Austria, plus postage and shipping costs. The prices are indicated in the product descriptions. Price quotations in individual and written offers of inspirations – especially involving non-natural persons – may also be net-prices, i.e. without legal value added tax. In such case, the UID-number has to be provided to inspirations.
(4) In commercial transactions these general terms and conditions are applicable, also for any future terms and conditions of business, even if they are not agreed upon again and explicitly. We only accept orders placed orally, by telephone or electronically subject to the conditions of our general terms and conditions of business valid at that time.

§ 2 Contract conclusion
(1) The offers of inspirations on their internet pages represent an invitation without obligation to the customer to order goods from inspirations.
(2)The offer to conclude a contract is made by the buyer by filling in and mailing the order form, which is provided by inspirations on the homepage. The buyer is obliged to check the correctness of the data in the order form and the confirmation, and to inform inspirations at once if there are any errors in writing or calculation or any other discrepancies or variations from the order. The buyer is obliged to fill in the personal information for the order truthfully and completely, as required in the order form. The buyer is liable to inspirations for any damages caused by wrong information. The binding offer of the buyer to conclude the intended contract takes place by clicking the order-button. The offer is accepted by sending a confirmation of order or direct delivery, i.e. inspirations handing over of the goods to the company in charge of delivery. Confirmation of order takes place within 5 days by email. After unsuccessful lapse of time, the offer is considered rejected.
(3) inspirations is entitled to reject acceptance of offer to conclude a contract without giving reasons. inspirations does not guarantee that the articles offered on the websites are always and at a desired quantity available. Should one or more products not be available or not available at the desired quantity, inspirations shall inform the buyer about it. Should the buyer have already paid for the goods, the respective amount shall be re-turned within 10 working days at the latest.
(4) Any additional taxes, fees and duties for deliveries abroad (excluding EU) are to be paid by the buyer. General specifications about the costs are impossible to make.
(5) Place of performance
Place of performance is the seat of inspirations.
(6) The buyer bears the shipping costs. If the buyer prefers special shipping that involves higher costs, the buyer shall cover the additional costs as well.
(7) If the buyer purchases the object for commercial or professional activities, the risk of accidental perishing and accidental deterioration of the object of purchase passes to the buyer as soon as inspirations has delivered the object of purchase to the forwarding agent, carrier or any person or company in charge of shipping.

§ 3 Prices
(1) All stated prices include the legally binding value added tax of 10% or 20% excluding costs for packaging and shipping.
Our foreign customers are responsible for any reimbursement of the value added tax.
(2) Costs for packaging and shipping (shipping costs) are charged extra according to our itemization.
The quoted prices for packaging include only standard packaging. If the customer desires special packaging, inspirations shall charge cost price.
(3) Relevant are only the prices and shipping costs quoted at the time of order.

§ 4 Terms of payment
(1) Deliveries by inspirations are made after advance payment or payment via the listed methods of payment. Payment of the advance amount is made by transferring the due amount to an account of inspirations. The order is executed only after payment has been received and the agreed upon time of delivery starts with the day of receipt of payment.
(2) Should, within 14 days after conclusion of the contract according to § 2 of these terms and conditions the amount not have been received on the account sated in the order confirmation, inspirations is entitled to cancel the order and to withdraw from the contract.
(3) Reservation of proprietary rights
The delivered goods shall remain property of inspirations until all claims to the buyer are completely settled. Resale or debiting the goods with a proprietary title to or by third parties is excluded. Does the buyer not meet the liabilities to inspirations, even after written request, the goods shall be returned to inspirations after inspirations has claimed them. The buyer shall pay the costs for returning the goods. If the goods show signs of use, inspirations reserves the right to charge the buyer for the respective devaluation.
(4) Methods of payment
Only the methods of payment listed in the order form are accepted. For individual and written quotes by inspirations, individual conditions of payment are agreed upon. For payment by direct debit, the account of the buyer/account holder is debited with the acceptance of the order. For payment by credit card or Paypal, payment of the total amount is initiated by the buyer when placing the order, as external payment services are involved.
(5) Payment by credit card
Inspirations makes clear that the transaction of payment by credit card is carried out through Austria, as the seat of inspirations. Is the debited account of the buyer held at a bank outside of Austria, the buyer may be charged with additional fees for foreign payments by his or her credit card firm.

§ 5 Contractual exclusion of setoff, rights of retention
(1) The customer is not entitled to set off own claims with claims of payment from inspirations, unless the customer’s claims are undisputed and established as final and absolute.
(2) The customer is not entitled to counter payment claims by inspirations’ rights of retention – including notifications of defects – unless they result from the same contract.

§ 6 Rescission
Inspirations is entitled to cancel the contract including any uneffected part of delivery or performance if wrong information has been given on the buyer’s creditworthiness or objective reasons regarding the buyer’s inability to pay, for instance insolvency proceedings of the buyer’s assets or rejection of such proceedings due to insufficient assets. Prior to rescission the buyer will be offered the possibility of making an advance payment or submitting suitable securities.
(2) Regardless of possible damage claims, in case of partial rescission completed partial performance shall be invoiced and paid.

§ 7 Right of withdrawal according to Distance Selling Act
Consumers in the sense of these terms and conditions of business are entitled to withdraw from the contract subject to the legal conditions of the Distance Selling Act within 7 working days (Mo-Fr) from receipt of goods. An unrestricted withdrawal from contract is not stipulated. Detailed information on the right of withdrawal is available to the customer in the online shop.
In case of withdrawal from contract the costs of returning the goods are at the expense of the customers, unless the goods delivered do not correspond with the ordered goods. The customer is required to return the goods within two weeks after withdrawal from contract in adequate packaging – preferably the original transport packaging -, unless the withdrawal has already been effected by returning the goods.
Exempt from withdrawal are goods that are not originally packed or show signs of usage.
The goods ordered from inspirations are partly produced according to customers’ specifications or specifically tailored to customer needs. Therefore, no right of withdrawal is effective for orders of XL-prints, specifically produced special items or special motifs.

§ 8 Terms of delivery
(1) Delivery is carried out by shipping to the address indicated by the customer at conditions stated on the website.
(2) Delivery is effected within 7-30 days after receipt of order, in case of advance payment within 7-30 days after receipt of payment. Any delivery is subject to inspirations being supplied in time and appropriately.
If the buyer wants delivery of the goods earlier than the stated delivery period, inspirations will check on buyer’s request if earlier production and delivery are possible.
(3) inspirations is entitled to partial deliveries. Delay in delivery does not entitle the buyer to claim damages.
(4) Delays of delivery due to reasons beyond inspirations’ control (e.g. force majeure, third party fault etc.) extend the delivery period accordingly. The customer will be informed promptly. In case of ongoing reasons for delay of more than eight weeks after conclusion of contract, any party is entitled to withdraw from contract.

§ 9 Liability, warranty
(1) Except loss of life, bodily injury and breach of essential contractual obligations (cardinal obligations), inspirations is only liable for damages due to deliberation or gross negligence. This also applies to collateral consequential loss, especially loss of profit. Claims of liability according to Product Liability Act remain untouched.
(2) It is unavoidable that print products may show – due to production and printing technology – variations in tone of color, dimensions and format, as well as material and surface quality. Such variations are not regarded as justified reason for a notice of defect. It is not considered a material defect if the delivered quality complies with the technical standard of digital photography developing and –processing. There is no agreement about special condition of delivered goods.
(3) The products distributed by inspirations are produced with materials that match industry standards. As far as possible inspirations uses special colors with a high resistance against UV-radiation. Nevertheless, impairments in quality cannot be excluded when products are exposed to intense and continuous sunlight. Therefore, there is no warranty for loss of quality in material and color resulting from continuous and intense exposure to light. We expressly point out that print products are not designed for outdoor use and are only to be used in roofed rooms, unless stated otherwise in the product description. No liability is assumed, therefore, for such resulting damage – e.g. damage due to moisture.
(4) Damage resulting from inappropriate or contrary to contract measures in setting up, connecting, use or storage does not constitute a valid reason for claims against inspirations.
(5) Warranty for consumers
a) inspirations guarantees that the object of purchase is free from defects at delivery. If, within six months after delivery a material defect becomes apparent and it is suspected that it was apparent at delivery, unless the suspicion is not in compliance with the nature of the object of purchase or defect, warranty according to the conditions stated is applicable. If the material damage appears after six months, it is the buyer’s responsibility to prove that the material damage was present at delivery of the object of purchase.
b) If the ordered goods are damaged, inspirations is liable for correcting the damage or replacement delivery. If inspirations does not effect the obligation for replacement within 30 days or two attempts of rectification fail, the customer is entitled to withdraw from the contract, a reduction of purchase price and compensation for vain expenditure. Inspirations is entitled to reject the chosen replacement if fulfillment involves disproportionate costs and any other type of replacement remains without any considerable drawbacks to the customer.
c) If a replacement fails the customer can basically claim a reduction of purchase price or withdrawal from contract as well as damages. When only minor faults are involved, the buyer does not have the right of withdrawal.
d) Warranty period is 2 years and commences on the day the risk is transferred to the buyer.
(6) Warranty for businesses
a) If the purchase is a commercial transaction for inspirations and the buyer, the buyer is obligated to check the delivered goods immediately for variation in quality and quantity and to notify inspirations in writing of any recognizable defects within a week of receipt of goods; otherwise warranty claims are impossible. Inspirations is to be notified in writing about hidden faults within a week of discovery. To meet the deadline timely mailing shall suffice. In such case the buyer bears the full burden of proof for all claims prerequisites, especially the defect itself, for the time of discovering the defect, and for the timeliness of notification of defects.
b) For defects, at its choice, inspirations shall provide rectification or replacement delivery. If inspirations does not meet its obligation for replacement within 30 days or two attempts of rectification fail, the customer is entitled to withdraw from the contract, a reduction of purchase price and compensation for vain expenditure. Inspirations is entitled to reject the chosen replacement if fulfillment involves disproportionate costs and any other type of replacement remains without any considerable drawbacks to the customer.
c) Any claims for defects shall be time barred after the expiry of one year.
(7) Inspirations has to be notified immediately, or within 10 days from receipt of goods at the latest, of wrong deliveries. Returns to inspirations are to be effected at appropriate and general costs, only after claims by inspirations to do so. The buyer shall be reimbursed the costs of returning the goods to inspirations. 
(8) Today’s standards of technology do not guarantee data communication via the Internet at any time and/or without faults. Therefore, inspirations is not liable for the availability of the internet-shop at any given time.
(9) You choose from a comprehensive and carefully compiled range of products. The claims and opinions of the authors do not necessarily correspond with inspirations’ views. We do not promise any healing effects of the products offered. The products do not replace a physician. Physical and mental ailments should be placed in the hands of doctors or therapists. Regarding any statements about single items suggesting special effects of the products, it is made clear that the statements do not refer to scientifically proven findings.

§ 10 Copyright
The intellectual property contained in this website as well as the purchased goods are subject to copyright. This website does not grant any license of using intellectual property of inspirations or third parties. The content of this website, neither completely nor parts of it, is not to be commercially copied, distributed, changed or being made available to third parties. 

§ 11 Data protection
The buyer gives consent to the data being electronically processed and stored by inspirations for purposes of implementing the contract.
When registering for the newsletter inspirations saves the log-in email-address for purposes of promotion and market research until registration is cancelled.
Inspirations commits not to make data available to unauthorized third parties. The data are only transferred inasmuch to authorized third parties (e.g. suppliers) as is necessary for implementation of contract, i.e. delivery and payment. In such case the scope of transferred data is reduced to the necessary minimum.
Should the buyer pay by debit, inspirations, to protect its vested interests, may transfer name and address of buyer for purposes of credit checks. The buyer’s interests worthy of protection are taken into consideration following legal regulations.
It is pointed out to the buyer that in data transfer via the Internet, based on today’s technology, no guarantee can be given that unauthorized third parties may access data in the course of transfer. Inspirations is not liable for such cases and possible resulting damage.

§ 12 Final clause
(1) For any disputes resulting from this agreement Austrian law applies, to the exclusion of the UN Convention of Contracts for the International Sale of Goods, even if they are ordered from or delivered abroad. Exclusive place of jurisdiction for any disputes resulting from this contract is Vienna, Austria.
(2) Severability clause
If any clause or part of this agreement shall be held to be invalid or illegal, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. The invalid clause is to be replaced by a provision which complies with the legal provisions.