AGB
Last updated: October 14, 2025
1. Scope
These Terms & Conditions apply to all orders placed by consumers through the online shop of *WYNDAR Art (on purpose)**.
Any differing or conflicting terms of the customer shall not apply unless expressly confirmed in writing.
By placing an order, the customer confirms that they have read and accepted these Terms & Conditions before completing the purchase.
2. Operator and Legal Information
WYNDAR* Art (on purpose) is operated by Laura Gassner, sole proprietor (Einzelunternehmerin).
In accordance with § 6 Abs. 1 Z 27 of the Austrian Value Added Tax Act (UStG), WYNDAR* is exempt from VAT (Kleinunternehmerregelung) — no value-added tax is charged or shown.
Business address
Laura Gassner
WYNDAR* Art (on purpose)
Spitzfeldstraße 27, 4360 Grein
Email: contact@wyndar.com
GISA-Zahl: 38856327
3. Definition of “Consumer”
A consumer within the meaning of the Austrian Consumer Protection Act (KSchG) is any natural person acting for purposes outside their trade, business, or profession.
Different provisions may apply if you order as a business customer (entrepreneur).
4. Contract Formation
The product listings in our online shop are non-binding invitations to place an order.
By clicking “Buy Now” or “Complete Order”, the customer submits a binding purchase offer.
We accept this offer by sending an order-confirmation email, thereby concluding the purchase contract.
The confirmation includes essential order information and serves as your proof of contract.
5. Storage and Provision of Contract Documents
We store the contract data for internal record-keeping.
You will receive an order-confirmation email that includes:
– the contract confirmation,
– these Terms & Conditions, and
– the withdrawal information,
provided on a durable medium (email and/or PDF attachment) in accordance with § 7 (3) FAGG.
If you created a customer account, you can also view your past orders there.
The legally binding version is the one sent to you by email at the time of purchase.
6. Product Information, Prices and Currency
All essential details (dimensions, materials, printing process, etc.) are shown on each product page.
All prices are stated in local currency and include all applicable taxes and duties where required by law.
As WYNDAR* operates under the Austrian small-business regulation, prices are final and VAT-exempt.
International Pricing and Currency
WYNDAR* displays prices in the local currency of the customer’s shipping destination (e.g. EUR within the EU, GBP in the United Kingdom, USD in the United States, AUD in Australia, etc.).
Prices may vary slightly between regions due to currency exchange rates, local production, or shipping costs.
The price and currency shown at checkout are final and binding for that specific order.
Shipping costs, if applicable, are shown separately before checkout.
7. Payment
Accepted payment methods are shown during checkout (e.g. credit card, PayPal, bank transfer).
The total amount is due upon order confirmation.
In case of delayed payment, WYNDAR* may charge statutory default interest under Austrian law.
8. Delivery and Shipping
All WYNDAR* artworks are produced and fulfilled by our trusted printing partner Prodigi.
Shipping is available to Austria, Germany, Switzerland, all EU member states, the United Kingdom, the United States, Canada, Australia, and other international destinations covered by Prodigi’s network.
Typical delivery time: 7 – 14 working days, depending on production and destination.
A tracking link is provided once your order ships.
If delivery becomes impossible or severely delayed due to force majeure or other unforeseeable events, we will inform you immediately.
9. Made-to-Order Production & Exclusion of Withdrawal Rights
All WYNDAR* artworks are made-to-order fine-art prints, produced individually after your purchase.
According to § 18 (1) Z 3 of the Austrian Distance and Off-Premises Transactions Act (FAGG),
the statutory right of withdrawal (Widerrufsrecht) does not apply once production has begun.
This exemption is clearly stated before checkout. Please check sizes, materials and details carefully before ordering.
10. Right of Withdrawal (if applicable)
If you purchase a non-personalized item (e.g. accessories), you may withdraw from the contract within 14 days without giving any reason.
The period begins on the day you (or someone you nominate) receive the goods.
To exercise this right, please notify us in writing (email is sufficient).
A withdrawal form template is available on request.
If you withdraw, we will refund all payments including standard shipping costs within 14 days of your notice.
We may withhold the refund until the goods are returned or proof of shipment is provided.
You bear the cost of return shipping unless otherwise stated.
11. Warranty (Statutory Guarantee)
Your purchase is protected by Austrian statutory warranty rights under §§ 922 ff ABGB and § 9 KSchG.
If your artwork arrives defective or damaged, you may request repair, replacement, price reduction, or refund (if the defect is substantial).
Warranty claims are valid for two years from delivery.
Within the first 12 months, defects are presumed to have existed at delivery unless we prove otherwise.
WYNDAR* covers shipping costs for justified claims.
Minor variations in color or texture are normal for fine-art prints and do not constitute defects.
12. Liability
WYNDAR* is liable without limitation for damages resulting from injury to life, body, or health, and for cases of intent or gross negligence.
For slight negligence, liability applies only for breach of essential contractual obligations and is limited to foreseeable, typical damages.
Mandatory liability (e.g. product liability) remains unaffected.
13. Retention of Title
Until full payment is received, all delivered goods remain the property of WYNDAR*.
14. Data Protection
WYNDAR* processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and Austrian data-protection law (DSG).
Details can be found in our [Privacy Policy].
15. Copyright and Intellectual Property
All artworks and images offered through WYNDAR* are protected by copyright.
By purchasing a print, you acquire ownership of the physical copy only.
No rights of reproduction, distribution, or commercial use are transferred unless explicitly agreed in writing with the artist.
16. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr/
WYNDAR* is willing to participate in alternative dispute resolution before a recognized Austrian consumer arbitration board pursuant to the Alternative Dispute Resolution Act (AStG).
17. Governing Law and Jurisdiction
These Terms & Conditions are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, the mandatory protective provisions of their country of residence also apply.
Legal disputes may be brought before the competent court at the consumer’s place of residence.
18. Severability
If any provision of these Terms & Conditions is invalid or unenforceable, the remaining provisions remain in effect.
The invalid clause shall be replaced by a valid provision closest in purpose and economic effect.
WYNDAR Art (on purpose)*
Operated by Laura Gassner - sole proprietor (exempt from VAT under § 6 Abs. 1 Z 27 UStG)
Spitzfeldstraße 17, 4360 Grein, Austria • contact@wyndar.com • GISA-Zahl: 38856327