Terms & Conditions
24hdrop
1. Preamble
„24hdrop“ , Inhaber : Christoph Oberlechner, Anzengrubergasse 14/15, 1050 Vienna, Austria in the following “24hdrop”, sells art by emerging artists. The customers have the opportunity to participate in a draw of the artworks. The conditions of participation are the same for everyone.
These General Terms and Conditions (hereinafter referred to as “GTC”) govern trading via the App: “24hdrop”. The customers are consumers within the meaning of section 1 para 1 no 2 KSchG (“Austrian Customer Protection Act”). For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
2. Scope of application All business relations between 24hdrop and the customer are subject to these GTC in the version applicable at the time of conclusion of the transaction. These GTC may be permanently stored on the customer’s computer/end device and/or printed out by the customer for the purpose of online ordering. The contractual, ordering and business language is English.
3. Conditions of use In order to be able to obtain services and goods electronically from 24hdrop, customers may have to register in the online shop/app. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He must treat his data confidentially and protect it from access by unauthorised persons. If the customer suspects misuse by third parties, he has to inform 24hdrop immediately. The customer must refrain from all measures that could endanger or impair the technical provision of the app (including cyber attacks). Such behaviour will be legally prosecuted.
4. Offer and conclusion of contract By clicking the button “Buy” the customer submits a binding offer/order to conclude a contract with 24hdrop. The customer must then pay in a maximum amount of EUR 500.00. This payment is temporarily blocked for a maximum of seven days. This does not result in the conclusion of a contract. Within 24 hours, the artwork will be drawn from among the participating customers. The draw will be made according to transparent and objective criteria. The customer who is drawn will receive confirmation by e-mail within 24 hours of the draw that the contract with him/her has been concluded. Customers who have not been drawn, on the other hand, will also be notified by e-mail within 24 hours. The payment blocked up to this point will be released again immediately.
For clarification reasons: No contractual relationship shall be established with customers who have not been drawn.
5. Payment modalities The prices listed in the app are in EUR. In case of doubt, VAT is not yet included. The amounts listed at the time of the order apply in each case. 24hdrop will inform the customer again about the prices, taxes and shipping costs in the summary before the order is completed. In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which 24hdrop is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). The payment methods accepted by 24hdrop are listed in the app. More detailed information on payment and shipping can be found in the app. Payment is made by bank transfer to the account indicated by 24hdrop. The claims of 24hdrop become due upon invoicing. If the claims are not paid within seven days, 24hdrop will charge 4% per year in statutory interest on arrears (“Verzugszinsen”) from the due date. In the event of default, the customer undertakes to reimburse 24hdrop for any reminder and collection costs incurred, insofar as they are necessary for appropriate legal action.
6. Reclamations 24hdrop politely requests – without prejudice to the right of revocation within the meaning of point 7 and any warranty rights – that the customer complain to the delivery agent about delivered goods with obvious transport damage and inform 24hdrop of this.
7. Right of withdrawal
This right of withdrawal only applies to consumers (in terms of the KSchG). Furthermore, the right of withdrawal does not apply with regard to goods whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period shall be fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods. In order to exercise the right of withdrawal, the customer must inform 24hdrop of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the customer can use the model withdrawal form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe? Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed in the app. A notice of withdrawal must be sent to the following address:
„24hdrop“, Owner: Christoph Oberlechner, Anzengrubergasse 14/15, 1050 Vienna, Austria E-Mail: info@24hdrop.com
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, a confirmation of receipt of such revocation will be sent to the customer. If the customer revokes the contractual statement or a contract that has already been concluded, 24hdrop must repay all payments that 24hdrop has already received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a type of delivery other than the inexpensive standard delivery offered by 24hdrop) without delay and at the latest within fourteen days from the day on which the notification of the revocation of this contract is received by 24hdrop. For the repayment, 24hdrop uses the same means of payment that the customer used for the original transaction. The customer shall bear the direct costs of the return shipment. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary to check its condition, the customer shall be liable for this loss in value.
8. Failures in performance 24hdrop is not responsible if it cannot fulfil its obligations arising from the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services as well as due to force majeure.
9. Reservation of Ownership („Eigentumsvorbehalt“) All goods delivered by 24hdrop remain its property until full payment has been made. A sale of the goods by the customer to a third party prior to their full payment requires the prior consent of 24hdrop. If the customer has not taken over the goods as agreed (default of acceptance), 24hdrop is entitled to either store the goods, for which a reasonable storage fee can be charged per calendar year or part thereof, or to deposit the goods in court at the expense and risk of the customer.
10. Liability for damages and warranty The liability of 24hdrop for slight negligence is excluded. Liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract. This limitation of liability does not apply with regard to personal injury or for damages under the Austrian Product Liability Act.
11. Transfer of risks The risk of loss of or damage to the goods passes to a consumer (only then) when the consumer or a third party authorised by him to receive the goods (who is not the carrier) has taken possession of the goods.
12. Data privacy and the protection of business secrets The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 para 1 lit b GDPR). Otherwise, 24hdrop is obliged to maintain secrecy about the circumstances and data related to the business, of which it became aware due to the present business relationship, and in particular to observe data secrecy. These obligations to data and business secrecy shall also apply beyond the contractual relationship. 24hdrop draws attention to the fact that data of the customer may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The customer may object to this form of data processing at any time (Art 21 (2) DSGVO). Further information on the processing of personal data can be found in the privacy policy.
13. Use of vicariousagents („Erfüllungsgehilfen“) 24hdrop may use vicarious agents for the performance of its obligations under this contract.
14. Jurisdiction, applicable law and dispute resolution This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory rules of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded. The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before those courts in whose jurisdiction his domicile, habitual residence or place of employment is located. The place of performance is the registered office of 24hdrop. Attention is drawn to the possibility of settling disputes via an online dispute resolution platform (Art 14 (1) sentence 1 of the ODR Regulation) (https://ec.europa.eu/ c o n s u m e r s / o d r / m a i n / i n d e x . c f m ? event=main.home2.show&lng=DE) and national consumer arbitration boards. 24hdrop is willing to participate in a dispute resolution procedure before a consumer arbitration board. 15. Further issues 24hdrop recommends the customer to save these GTC permanently. (November 2021) 3