Terms of service

General Terms & Conditions

(as of 2026)

1. Scope of Application

These General Terms and Conditions (“GTC”) apply to all orders placed through the online shop of

Mag.art. C. Elisabeth Theodoropoulos
Independent visual artist
Vienna, Austria

These GTC apply to contracts concluded with consumers.

The contract language is English.

2. Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer.

By placing an order, the customer submits a binding offer to purchase.
A contract is concluded upon written order confirmation or dispatch of the goods.

For commissioned works, the contract is concluded upon written agreement on the project details.

3. Prices and Payment

All prices are stated in Euro (EUR).

If the small business exemption pursuant to Austrian VAT law (§ 6 para 1 no 27 UStG) applies, VAT is not charged.

Additional costs may apply:

  • Shipping costs
  • Customs duties or import taxes for deliveries outside the European Union (to be borne by the customer)

Accepted payment methods:

  • Bank transfer (prepayment)
  • Credit card
  • PayPal
  • Apple Pay
  • Shop Pay

Payment is due immediately upon conclusion of the contract.

3. 1 Recurring Payments (Subscriptions)

If products are offered on a subscription basis (e.g. Print Club), payment is due immediately upon conclusion of the subscription agreement.

Subscriptions renew automatically at the end of each billing cycle unless cancelled by the customer.

Further details regarding subscription management, cancellation and withdrawal rights are set out in the Purchase Options Cancellation Policy.

4. Production and Delivery

Original Artworks

Dispatched after full payment has been received.

 

Fine Art Prints

Prints are produced after the order has been placed and payment received.
Prints may be offered in limited editions.

Limited editions are produced only in the stated edition size.

 

Commissioned Works

Production time is approximately 4–12 weeks, depending on size and complexity.
Exact timelines are agreed individually.

Delivery times depend on the product type and destination country and are estimates unless explicitly agreed otherwise.

 

Subscription Products (Print Club)

If products are offered on a subscription basis (e.g. Print Club), items will be produced and dispatched according to the selected subscription cycle.

Each subscription cycle is treated as an individual delivery.

Subscription items are billed immediately upon sign-up and dispatched on a monthly basis, typically at the end of the calendar month or within the first few business days of the following month.

5. Orders, Availability and Pricing Errors

The artist reserves the right to refuse or cancel any order at her discretion, particularly in cases of:

  • suspected reseller or distributor activity
  • violations of limited edition restrictions
  • obvious pricing or technical errors
  • product unavailability

If an order is cancelled, any payments already made will be refunded.

The artist reserves the right to limit the quantity of products purchased per customer.

6. Customer Cooperation (Commissioned Works)

The customer must provide all necessary information, materials, and approvals required for the commissioned work in a complete and timely manner.

Delays caused by incomplete, incorrect, or subsequently changed information shall reasonably extend the production timeline.

7. Shipping and Transfer of Risk

Worldwide shipping is carried out via Austrian Post, UPS, or through carefully selected fulfillment partners.

For the production and dispatch of fine art prints, the artist may use external print and fulfillment providers.

Production and shipping may be carried out from different locations depending on the customer’s destination.

In consumer transactions, the risk of accidental loss or damage passes to the customer only upon delivery of the goods to the customer.

Customers are requested to report any obvious transport damage to the carrier immediately and inform the artist without undue delay.

If the customer is in default of acceptance, the artist may claim compensation for additional costs incurred (e.g. return shipping or re-shipment).

8. Retention of Title

The goods remain the property of the artist until full payment has been received.

9. Right of Withdrawal (Consumers)

Consumers residing in the European Union have a statutory right of withdrawal within 14 days in accordance with applicable EU consumer protection laws.

To exercise the right of withdrawal, the customer must inform the artist by means of a clear statement before the expiry of the withdrawal period.

Effects of Withdrawal

In the event of withdrawal, payments received from the customer will be refunded without undue delay and no later than 14 days from the day on which the returned goods are received.

The customer shall bear the direct cost of returning the goods.

The customer is only liable for any diminished value of the goods if such loss in value is due to handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to:

  • Commissioned works
  • Personalized artworks
  • Goods made to the customer’s specifications

Fine art prints are produced in limited editions and may be signed and numbered.

An exclusion of the right of withdrawal applies only where the print qualifies as a custom-made item within the meaning of applicable consumer law.

In all other cases, statutory withdrawal rights remain unaffected.

10. Special Conditions for Commissioned Works

For commissioned works:

  • A 50% non-refundable deposit is due upon project confirmation
  • Work begins after receipt of the deposit
  • The remaining balance is due before shipping

If a commissioned work is cancelled after production has begun, the deposit shall be retained as compensation for work already performed.

If services rendered exceed the deposit amount, additional payment may be required proportionally.

11. Copyright and Usage Rights

The purchase of an artwork transfers ownership of the physical object only.

All copyright and intellectual property rights remain with the artist.

Without prior written consent, the following are not permitted:

  • Reproduction
  • Commercial use
  • Digital distribution
  • Modification
  • Public use beyond private display
  • Any extended usage requires a separate written agreement.

12. Portfolio and Reference Use

The artist reserves the right to document and use created works, including commissioned works, for self-promotional purposes (e.g. website, portfolio, exhibitions, social media), unless legitimate interests of the customer clearly oppose such use.

13. Warranty and Liability

The statutory warranty period for movable goods is two years from delivery.

Liability for slight negligence is limited to breaches of essential contractual obligations.

Liability for personal injury remains unaffected.

14. Applicable Law

Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, mandatory consumer protection provisions of the country of habitual residence remain unaffected.

15. Severability Clause

If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected.