1. Online-store terms
2. General provisions
3. Modification of the Service and prices
4. Accuracy of billing and account information
5. Customer comments, feedback and other submissions
6. Errors, inaccuracies and omissions
7. Prohibited uses
8. Scope of goods and services
10. Order process and formation of contract
11. Terms of payment
13. Right of rescission
14. Late or missing refunds (if appicable)
15. Return or Exchange of Products
17. Third party links
18. Third party claims
19. Provisions on data protection
20. Privacy Politics for Google Analytics
21. Final provisions
This website www.Istillwritecards.com (hereinafter "Website") is operated by Istillwritecards (hereinafter "Seller"). Throughout the site, the terms “we”, “us” and “our” refer to the Seller. The Seller offers the Website, including all information, tools and services available from this Website to the users (hereinafter "Customer(s)"), conditioned upon the acceptance of all terms, conditions, policies and notices which are applicable for the online service (hereinafter "Online Shop") on the Website.
The Customer shall read these General Terms and Conditions (hereinafter "GT&C") carefully before accessing or using the Website.
Any new features or tools which are added to the Online Shop shall also be subject to the GT&C. The most current version of the GT&C is available at any time on the Website.
The Online Shop is hosted on Shopify Inc (www.shopify.com) (hereinafter "Shopify"). Shopify provides the Seller with an Online Shop that allows the Seller to sell products and services on the Website.
1.1. By agreeing to these General Terms and Conditions, the Customer represents that he/she is of legal age in the country of residence.
1.2. The Customer may not use the Seller's products for any illegal or unauthorized purpose nor may the Customer, in the use of the service of the Online Shop (hereinafter "Service"), violate any laws in the Customer's jurisdiction (including but not limited to copyright laws).
1.3. The Customer must not transmit any worms or viruses or any code of a destructive nature.
1.4. A breach or violation of any provisions of the GT&C will result in an immediate termination of the Seller's services with prior notice of the Customer via e-mail.
2.1. Ms Christine Eder is a sole proprietor, operating the business Istillwritecards.com (hereinafter “Seller”) as an online service under Istillwritecards.com, which enables Customers to directly purchase reproductions of original works of art, specifically in the form of postcards (hereinafter “Products”) in the Online Shop.
2.2. With respect to the use of the Online Shop and the purchase of Products, the following GT&C shall apply.
2.3. The goods and services offered by the Seller from the Online Shop are intended exclusively for consumers. Wherever these GT&C refer to “consumers”, this refers to natural persons as to whom it may be assumed that the purposes for which they download units do not form a part of their commercial, sole trader or freelance activities and that such transaction with the Seller thus does not form a part of their business operations.
2.4. By providing their full name, billing address, shipping address and e-mail address, Customers may set up a personal Customer account which they may access when inputting their relevant login data on the Website (hereinafter “Customer Account”).
2.5. The proprietor of Istillwritecards.com is Ms Christine Eder, residing at Carl Zwillinggasse 32/11, A-2340 Moedling, Austria. E-mail: info@istillwritecards.
2.6. All communications between Customers and the Seller shall be conducted exclusively in German or English. Customers may direct queries, information, requests for information on their personal data and complaints at any time to customer-service@istillwritecards.
2.7. The Customer hereby warrants that the information and data he or she has provided are true and complete.
Prices for the Products available at the Online Shop are subject to change without notice until the Customer orders a Product. We reserve the right at any time to modify or discontinue the Online Shop (or any part or content thereof) subject to prior notice of the Customer.
The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at the Online Shop. The Customer agrees to promptly update the account and other information, including the e-mail address and credit card numbers and expiration dates, so that the Seller can complete the transactions and contact the Customer as needed.
5.1. If the Customer sends certain specific submissions (for example contest entries) or without a request from the Seller the Customer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively "Comments"), the Customer agrees that the Customer may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that the Customer forwards to the Seller. The Seller is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
5.2. If not legally obliged the Seller may, but has no obligation to, monitor, edit or remove content that the Seller determines in the Seller's sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these GT&C.
5.3. The Customer agrees that the Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Customer further agrees that the comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. The Customer may not use a false e-mail address, pretend to be someone else, or otherwise mislead the Seller as to the origin of any comments. The Customer is solely responsible for any Comments the Customer makes and their accuracy. The Seller takes no responsibility and assumes no liability for any Comments posted by the Customer.
Occasionally there may be information on the Website and/or the Online Shop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Website is inaccurate at any time. If such errors, inaccuracies and omissions occur after the Customer has placed an order and relate to that order, the Seller has to notify the Customer.
In addition to other prohibitions as set forth in the GT&C, the Customer is prohibited from using the Website or the Online Shop: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Seller's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and/or the Online Shop, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website and/or the Online Shop. The Seller reserves the right to terminate the contract and delete any personal information of the Customer if the Customer does not comply with the that prohibition.
8.1. The Products offered in the Online Shop are print products, which are printed and cut in batches. Consequently, in individual cases there may be minor, but insignificant deviations as regards colours and sizes. These deviations are permitted and do not constitute product defects. Differences in colours between the image shown on the monitor and the printout may occur if the Customer is not using a colourfast calibrated monitor, and the Seller provides no warranty in respect thereof. The printed cards are not waterproof and may fade as a result of exposure to UV light.
8.2. The Products offered through the Online Shop constitute a limited number of reproductions of original works of art. A substantial element of the services offered by the Seller consists of limiting the Products offered to a predetermined, fixed print run (hereinafter “Limited Editions”). This represents a voluntary additional service of the Seller, to which Customers have no legal entitlement. In addition, the Seller bears no responsibility for any potentially illegal, additional reproductions by third parties.
8.3 The card formats of the Products offered through the Online Shop correspond in most cases to international standard formats (postcards in roughly DIN-A6 format, corresponding to 110 x 156 mm). Permissible postcard formats differ in many European countries. The Seller disclaims any and all liability for the Customer’s actual ability to use the goods offered through the Online Shop in his or her country in accordance with their envisaged purpose. The Seller provides no warranty in respect of this.
8.4. To prevent misuse, all of the Product photos in the Online Shop are displayed with watermarks (watermark reading “Istillwritecards.com” or the like). These watermarks are not a part of the Product for purchase. The cards purchased through the Online Shop are delivered to Customers without watermarks.
8.5 Unless otherwise provided, all of the prices stated in the Online Shop are quoted as daily gross prices, “ex works”, which include the statutory rate of VAT. The invoicing currency is the Euro.
8.6 The costs of shipping shown on the Website shall be borne by the Customer.
8.7 In the event that, in the course of shipping, any export or import duties or other charges relating to the shipping of the Products fall due, such duties or charges shall be borne by the Customer.
8.8 The Seller is authorised to make use of third parties as vicarious agents (e.g. service providers for handling payments or collections) where the Seller deems this necessary.
8.9 All of the Products, prices and other information displayed in the Online Shop are subject to the reservation that mistakes of fact and display errors may always occur.
The Products offered through the Online Shop, the “Istillwritecards” logo used in the Online Shop, the photographic material displayed, Product descriptions and graphics, and all of the other contents of the Website are protected by copyright. Customers are permitted to use them only for their own private purposes. Specifically, Customers are not permitted to duplicate, disseminate, make available to the public, reproduce, present or perform, process, translate or modify the Products and other copyright-protected content of the Online Shop or the Website. Customers may not remove copyright notices, trademarks and other legal notices in or on the Product. The name and the symbol “Istillwritecards” are protected by copyright.
10.1. The Product descriptions contained in the Online Shop do not constitute a binding offer by the Seller, but rather form the basis for submission of a binding offer by the Customer.
10.2 By clicking on the “complete order – order with the obligation to pay” button on the order form accessible through the Online Shop, the Customer is deemed to submit a binding declaration of contract with respect to his or her order for the Products contained in his or her basket. The Seller confirms receipt of the Customer’s order by means of an order confirmation provided immediately after the order is placed and simultaneously forwards to the Customer the text of the contract and the GT&C in force as of the date of the order. Confirmation of the order does not constitute any acceptance of the offer.
10.3 A binding contract only arises at such time as the Seller accepts the Customer’s offer. The acceptance takes place when the Seller sends a confirmation of dispatch to the e-mail address indicated by the Customer at the time of order. The confirmation of dispatch simultaneously informs the Customer that his or her order has been shipped.
10.4 The Customer shall ensure that the information entered by the Customer in the Online Shop is correct and complete.
10.5 The Seller reserves the right to reject any offer of the Customer without the need to state grounds for such rejection. In such case, the Seller shall inform the Customer by e-mail of her rejection of the Customer’s offer to conclude a contract. Any payment which may have already been made at this time is refunded to the Customer using the method of payment selected by the Customer at the time of submitting his or her contract offer.
10.6 The Seller may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Seller makes a change to or cancel an order, the Seller notifies the Customer via e-mail.
11.1 The Seller invoices Customers for the charges for the Products and shipping pursuant to the prices shown on the Website. These charges are immediately due for payment.
11.2 The Customer has various payment options at his or her disposal, which are indicated in the Seller’s Online Shop. The Seller may extend or limit the range of payment options. If third-party service providers (e.g. PayPal) are engaged to handle the payment process, the general terms and conditions of such third parties shall apply.
11.3 In the event of a payment default by the Customer, default interest shall be charged at the statutory rate. In addition, the Customer undertakes in the event of any payment default to reimburse the Seller for the dunning and collection incurred by the Customer, to the extent that such are necessary for expedient pursuit of the Seller’s rights. The Seller’s right to assert further rights and claims shall remain unaffected hereby.
11.4 Defences and other objections resulting from the contract relations between the Customer and the payment system must be asserted directly vis-à-vis the payment system provider and shall in no case affect the Seller’s rights.
12.1 The Products offered in the Online Shop are currently dispatched using the shipping service of the Österreichische Post AG (Austrian Post AG). As to the type and scope of delivery, the details contained in the order and in the invoice shall govern exclusively.
12.2 The Products are supplied worldwide - specifically to the countries, as specified in the drop down menu "Country", provided during the checkout on the page “Customer information”.
12.3 Products are delivered exclusively by shipping to the delivery address indicated by the Customer. In the event of incorrect, incomplete or unclear details furnished by the Customer and in the event of the inability of the service provider to effect delivery for other reasons for which the Customer bears responsibility, the Customer shall bear any and all costs arising therefrom.
13.1 Consumers with the meaning of the Austrian Consumer Protection Act (Federal Law Gazette 1979/140, as from time to time amended) concluding a contract with the Seller are entitled to the following right of rescission:
13.2 The Customer has the right to rescind the contract within fourteen days’ time without the need to state grounds of rescission.
13.3 The period for declaring rescission is fourteen days from the date of delivery of the Products to the Customer.
13.4 In order to exercise his or her right of rescission, the Customer must give clear notice (e.g. by letter dispatched by mail or e-mail) to the Seller orderconfirmation@istillwritecards or to Ms Christine Eder, Carl Zwillinggasse 32/11, A-2340 Moedling, Austria, that he or she is rescinding the contract. In order to do so, the Customer may use and forward the model cancellation form shown below. If the Customer makes use of this option, the Seller will forward a confirmation of receipt of such cancellation without delay.
13.5 For purposes of complying with the notice period for rescission, it shall suffice if the Customer dispatches his or her notification that he/she is exercising the right to rescind the contract prior to the expiry of the notice period for rescission.
13.6 If the Customer rescinds the contract, the Seller shall refund to the Customer all payments received from the Customer concurrently upon return to the Seller of the Products received by the Customer. Excepted herefrom are the costs of the initial shipping of the order to the Customer. The condition precedent to a refund of the Customer’s purchase price is that the Products must be in an unused condition, as new, and capable of being resold. In the case of Products which have been adversely affected or damaged by traces of use, the Seller shall apply a reasonable charge for the diminution in value and shall deduct such charge when making the refund.
13.7 For such refund, the Seller shall use the same means of payment that the Customer used on the original transaction, except where the Customer and Seller have expressly otherwise agreed; in no case will the Customer be charged anything for such refund.
If the Customer has not received a refund within 3 weeks after the date of return, the Customer shall contact his bank. If applicable, the Customer shall also contact the credit card company. There is often some processing time before a refund is posted. If the Customer followed these steps but has not received a refund, within 3 weeks after the date of return please contact us at customer-service@istillwritecards.
15.1 The Product should be returned to: Istillwritecards e. U., Carl Zwillinggasse 32/11, 2340 Moedling, Austria. The Customer has to bear the shipping costs for returning the Product. Shipping costs are non-refundable. That provision does also apply in case of the exercise of the right of rescission set out in section 13.
16.1 To the extent permitted by law, the Seller shall bear liability only for intentional acts and gross negligence, with the exception of personal injury. The Seller disclaims any and all liability for indirect damages, (defect-related) consequential damages and lost profits of the Customer. In addition, to the extent permitted by law, the Seller’s liability is limited as to the amount of the price of the Product/Products purchased by the Customer.
16.2 The Seller does not warrant that the Website will continuously operate without defects and be constantly serviceable. In certain circumstances, inter alia in connection with maintenance work, temporary disruptions of availability may arise. The Seller shall not be liable for any losses incurred by the Customer as a result thereof, such as losses due to errors or delays in transmission, incorrect, incomplete or modified data content or lost data.
16.3 The Seller assumes no liability whatsoever for the misuse of information and data by third parties. The foregoing shall also apply inter alia to information and data which third parties have gained by unauthorised means, such as by hacker attacks.
16.4 The Seller assumes no liability for changes to Products occurring due to natural processes. The cards are not waterproof and may fade as a result of exposure to UV light.
16.5 Maintenance and servicing work can lead to temporary restrictions in the availability of the Online Shop and/or Website. The Seller will try to carry out the necessary maintenance work during off-peak hours (e.g. evening, night or weekend between 04:00 and 06:00 (CET)). The Seller is not liable for possible failures or breakdowns of the Website and/or the Online Shop (e.g. server breakdowns or communication line failure) for which the Seller cannot be held responsible by the Customer.
17.1 The Seller shall bear no liability for content provided by third parties on the Website or for the content of third-party websites to which the Seller has set a link. With respect to illegal, erroneous or incomplete content and, in particular, with respect to damage arising from the use or non-use of information provided in such manner, sole liability shall lie with the provider of the website to which the Seller has set a link. The Customer himself or herself shall be responsible for critically reviewing and assessing the content of third parties upon his or her own responsibility.
The Customer shall indemnify and hold the Seller harmless against any and all claims of third parties asserted by third parties against the Seller or the Seller's contractors, licensors, service providers, subcontractors, suppliers, employees based on any claim that actions of the Customer constitute infringements of their rights, and the Customer undertakes to indemnify and hold the Seller harmless in respect thereof.
19.1 When Customers visit the Online Shop, the IP address of the Customer’s computer terminal is automatically transmitted to the Seller. This data is used in order to obtain information on the Customer’s browser and operating system.
19.2 The Website uses “cookies”. Cookies are small files which are stored on the Customer’s computer terminal and browser (hereinafter “Cookies”) which trace the Customer’s use of the Online Shop and adapt the Online Shop to the Customer’s needs, enabling the Seller to recognise the Customer at his or her next login.
19.5 If the Seller asks for the Customer's personal information for a secondary reason, like marketing, the Seller will either ask the Customer directly for the Customer's consent, or provide the Customer with an opportunity to opt out. If after the Customer opted-in, the Customer changes his mind, the Customer has the right to withdraw the consent regarding the usage of any personal data at any time, by contacting the Seller by e-mail to customer-service@istillwritecards or mailing the Seller : Istillwritecards e. U. Carl Zwillinggasse 32/11 2340 Moedling Austria
19.6 The Seller does not have any access or control of Cookies or other functions which may be used by third parties in connection with advertising on the Website.
19.7 As a result of the Customer’s use of the Online Shop for purposes of purchasing Products, the Seller processes the Customer’s personal data (name, address, e-mail address, telephone number shipping and billing address) and uses this information for purposes of performing the contract and forwarding information to the Customer regarding the Seller’s range of products.
19.8 None of the Customer’s personal data will be disclosed to third parties except where absolutely necessary for purposes of performing the contract or where disclosure is required based on legal obligations.
19.9 The Seller currently uses the Company Shopify (www.shopify.com) for operating the Online Shop and for handling payment transactions. The Customer's data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores the Customer's data on a secure server based in the USA behind a firewall.
Customers may obtain information in respect of data protection and the general terms and conditions of Shopify at www.shopify.com/legal/terms and www.shopify.com/legal/privacy.
19.10 If the Customer chooses a direct payment gateway to complete his/her purchase, then Shopify stores the Customer's credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). The Customer's purchase transaction data is stored only as long as is necessary to complete the purchase transaction. After that is complete, the Customer's purchase transaction information is deleted.
19.11 In general, the third-party providers (Shopify and payment gateways) used by the Customer will only collect, use and disclose the Customer's information to the extent necessary to allow them to perform the services they provide to the Seller.
19.12 To protect the Customer's personal information, the Seller takes reasonable precautions and follows the industry's best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If the Customer wants to access, correct, amend or delete any personal information the Seller obtained, the Customer can register a complaint, or can demand detailed information on the personal information by e-mail to customer-service@istillwritecards or by mail at Istillwritecards e. U. Carl Zwillinggasse 32/11 2340 Moedling Austria
20.1 The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” to help the Website analyze how the Customer uses the Website. The information generated by the cookie about the Customer's use of the Website (including the Customer's IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA.
20.2 On behalf of the website provider Google will use this information for the purpose of evaluating the Customer's use of the Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate the Customer's IP address with any other data held by Google.
21.1 The failure of the Seller to exercise or enforce any right or provision of these GT&C shall not constitute a waiver of such right or provision.
21.2 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these GT&C.
21.3 These GT&C and any policies or operating rules posted by the Seller on this Website or in respect to the service constitute the entire agreement and understanding between the Customer and the Seller and governs the Customer's use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Customer and the Seller (including, but not limited to, any prior versions of the General Terms and Conditions).
21.4 The terms of these GT&C may be amended by the Seller at any time but with prior notice of the Customer.
21.5 With respect to all orders placed via the Online Shop, the governing law is Austrian substantive law, but excluding application of the United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction and venue for any disputes is vested in the courts of Moedling, Austria, which is likewise the place of performance. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protections provided by the mandatory legal rules of the country in which the consumer’s ordinary residence is located.
21.6 In the event that individual terms of these GT&Cs should be or become invalid, the remaining terms thereof shall remain in force in unamended form. The invalid term shall be reinterpreted, supplemented or replaced such that the commercial purpose intended thereby is achieved to the greatest possible extent.
1. Consent to GENERAL TERMS AND CONDITIONS By checking the box at the time of registering, the Customer is deemed to confirm that he or she has read and consents to these General Terms and Conditions.
2. Consent according to the Austrian Data Protection Act and the Austrian Telecommunications Act.
a. The Customer hereby consents to the use of his or her personal data (name, e-mail address) for purposes of the forwarding of information regarding the Seller’s own Product range. The Customer may revoke this consent at any time in writing by post to Ms Christine Eder, residing at Carl Zwillinggasse 32/11, A-2340 Moedling, Austria, or by e-mail to customer-service@istillwritecards.
The Costumer hereby consents and acknowledges that his personal data (name, e-mail address, telephone number, shipping and billing address) may be transferred to the data processor Shopify Inc. (hereinafter "Shopify"), San Francisco, CA, USA 94104 for the purpose of handling his order and performing the contract and that the contract cannot be performed without such transfer. The Customer may revoke this consent at any time in writing by post to Ms Christine Eder, residing at Carl Zwillinggasse 32/11, A-2340 Moedling, Austria, or by e-mail to customer-service@istillwritecards,
b. Pursuant to sec. 107 (2) Austrian Telecommunications Act 2003, the Customer hereby consents to allowing Ms Christine Eder to forward advertising information to the Customer by e-mail, to the e-mail address indicated by the Customer, in respect of the Product range of “Istillwritecards”. The Customer may revoke consent previously required at any time in writing by post to Ms Christine Eder, residing at Carl Zwillinggasse 32/11, A-2340 Moedling, Austria, or by e-mail to customer-service@istillwritecards.