Our terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner.
Scope of application:
For the business relationship between Vilma Pflaum Photography, trading under the brand “Take Me By Surprise” and the tenant/buyer, the following terms and conditions apply exclusively in the version valid at the time of the order. Take Me By Surprise does not recognize any deviating conditions of the tenant/buyer, unless Take Me By Surprise has expressly agreed to their validity in writing.
Conclusion of contract:
Your subscription represents an offer to us to conclude a sales contract. When you subscribe to Take Me By Surprise, we will send you an e-mail, which confirms that we have received your order and includes details of it (order confirmation). This order confirmation does not represent an acceptance of your offer but is only intended to inform you that we have received your order. A sales contract is only concluded when the ordered product is dispatched to you.
Payment methods:
We offer you the following payment method: bank transfer before delivery (prepayment). The prices quoted in the respective offers represent final prices. They include all price components including any applicable taxes such as value added tax.
Delivery and shipping:
Our partners will ship out the product within the next 30 days. Shipping costs will be listed in the confirmation letter. Information about the delivery time is not binding.
A stable cardboard box serves as packaging. The packages are insured and traceable. After receiving the package, we ask that you to retain the original special packaging materials for future image changes.
The tenant/buyer has to check the goods immediately for damages. If there are obvious damages and are only noticed after acceptance, the tenant/buyer has to notify us within a period of 5 days after acceptance. If the tenant/buyer fails to do so, any assertion of the alleged damages is null and void.
Change of pictures:
The cost of the return shipment (due to the desired and agreed upon image change) will be borne by Take Me By Surprise – within Austria. Carefully repackage the image using the original packaging materials. You can use the tape (which was sent to you as a welcome gift) from Take Me By Surprise to seal the package. Please contact us in time for the return shipment so that we take care of the logistics. We will make an appointment when to pick up the package.
Due date and payment:
The customer pays the purchase price by bank transfer before delivery (pre-payment).
If the tenant/buyer is in default of payment, Take Me By Surprise is entitled to withdraw from the contract immediately; any damages caused by the default of payment will be borne by the tenant/buyer.
Packaging and shipping costs:
Shipping costs within Austria are included in the price. Shipping to other countries is possible upon request. For custom duties, other fees or taxes for shipping is the responsibility of the tenant/buyer. The prices quoted for subscription include VAT and other price components.
Retention of title:
The ordered goods remain the property of Take Me By Surprise, unless Take Me By Surprise has expressly agreed to a purchase in writing.
Revocation and returns:
All online orders (either rented or bought) can be cancelled within 2 weeks of purchase without giving written notice. It is sufficient to send the cancellation or the goods within the specified timeframe to the address below.
TAKE ME BY SURPRISE
by Vilma Pflaum Photography
Schönbrunner Straße 26/2/2
1050 Vienna, Austria
Goods are to be returned in the original special protective packaging of the outward journey. The customer must bear the cost of the return shipment.
Once we have received the returned goods in their original condition, you will receive your refund. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will there be an additional refund surcharge.
However, in the case that you are unable to return the received product to us in its original condition, you must either compensate us for the total value or upon examination the loss of value incurred due to improper handling of the product.
Liability:
Any violation of an essential contractual obligation that endangers the purpose of the contract or damage caused by gross negligence or intent on the part of Take Me By Surprise or one of its partner agents incurs liability.
This does not include warranted qualities, for example, in case of personal injury as well as due to mandatory legal regulations, such as the Product Liability Act, remains unaffected.
Warranty, proper handling:
The legal warranty period is 2 years, which begins upon the delivery of the goods. During this time all defects, which are subject to the legal warranty, will be corrected free of charge. Excluded from the warranty are damages that are due to natural wear and tear, improper use and lack of or incorrect care or storage.
Pictures, printed matter and photographs may not be exposed to direct sunlight (either in whole or in part), hung directly above heaters or exposed to humidity levels exceeding those of normal living rooms. Pictures, printed matter and photographs are therefore not suitable for outdoor areas, basement rooms, bathrooms and kitchens.
Please use the hanging device in the frame intended for suspension. The picture should be mounted to the wall with screws. Gloves will be sent to you as a welcome gift with the first picture to facilitate the mounting process.
Property rights and rights of use:
This contract specifies the rental of an image. All image rights remain in the possession of Take Me By Surprise. Therefore, any reproduction (duplication), distribution, renting, making available to the public or other analog or digital use of the image is not permitted.
Collection, processing and use of personal data:
Your data and information will only be used for internal purposes to help customize and improve the shopping experience at Take Me By Surprise. The processing of orders, the delivery of goods and the provision of services as well as the handling of payment (in case of purchase on account also for necessary checks) is used to improve the efficiency and productivity of our company. We also use your information to communicate with you about orders, products, marketing offers from Take Me By Surprise, to update our records and to maintain and service your customer accounts with us.
Lastly, your information is used to improve our offer, to prevent or detect misuse of our website and to enable third parties to perform technical, logistical or other services on our behalf.
Applicable law:
Austrian law shall apply to the exclusion of the UN Sales Convention. It is agreed that the place of jurisdiction shall be the Commercial Court of Vienna.