Terms & Conditions

1. General

By downloading/using the website www.simplify.art the user accepts these terms and conditions and the data privacy policy (the “conditions”) as a contractual basis for the services provided by simplify.art.art IT solutions OG (“simplify.art“).

simplify.art as the responsible operator of the app and the website www.simplify.art.art and as the “controller“ according to the European General Data Protection Regulation and the Amendment of the Austrian Data Protection Act 2018 takes the protection of personal data very seriously. Our obligations are defined in the privacy policy following hereafter.

simplify.art may at its sole discretion change or discontinue the app or website at any time in whole or in part, or decide to offer services only in return for payment.

2. Login, Registration and Data Processing

When registering for the app or website, the user has to fill in the obligatory fields which are marked as such. simplify.art.art shall not be liable for the operability of the app/website and possible damage, if the app/website is not downloaded from official channels.

The following data will be processed by the app/website: email address of the user, the user’s chosen password. If paid services are used, also the name and payment information will be processed.

3. Costs of Using the App

The app can be used for free until further notice.

4. Costs and Conditions for the Use of Paid Web Services

Unless otherwise agreed upon, the prices for the use of paid web services are as listed under simplify.art. The user bears all costs and expenses linked to the payment, i.e. bank charges and handling fees. Prices are including VAT, fees and surcharges.

The contract may be terminated at any time, taking effect on the next date of a month corresponding to the date of registration. The contract can be terminated via the website.

Payment shall be made through the payment provider “Stripe”, of Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA before services are activated. Their terms and conditions are available at https://stripe.com/at/privacy. simplify.art shall not be liable for the security of data processed by and incorrect payments caused by the provider.

simplify.art shall not be liable for any misuse, theft or loss of login data, the user’s credit or other data or information linked to the user’s account, which is not solely attributable to simplify.art.

In case of payment delays, simplify.art is entitled to suspend the services until payment has been made. Alternatively, simplify.art may also terminate the contract in accordance with section 4. The user’s data remain unaffected in case of payment delays and will only be deleted upon contract termination.

The user is not entitled to withhold payments or offset any receivables against simplify.art’s receivables.

5. Consumer Information

Consumer’s rescission of the contract according to § 11 of the Austrian Online and Distance Selling Act:

§ 11. (1) The consumer shall be entitled to rescind a distance selling contract or a contract that has not been concluded in the business premises of the seller within 14 days without any reason.

(2) The 14-day-period begins

(3) for a contract which is not subject to the delivery of a certain volume or amount of water, gas or electricity, district heat or the delivery of digital data not saved on any hardware drive, on the day the contract has been entered into.

The consumer does not have to use a specific form when rescinding the contract.
Example for retraction:
Hereby I rescind from the contract with simplify.art from [date]
Name
Address
Signature (if sent on paper)
Date

6. Third Party Material and Services

Certain content, products and services provided on the app/website can contain third party material like opening hours and address data. simplify.art can provide links to websites of third parties as a service to its clients. simplify.art is not responsible for the content or correctness of those websites. simplify.art does not guarantee, is not responsible for and not liable for the material or websites of third parties or any other material, products and services of third parties.`

7. Duties of the User

The user is responsible for keeping his personal data up to date.

The app/website can only be used by a registered user. The user shall take all measures to prevent unauthorized persons from gaining access to the terminal device and shall keep their password secret. The user is not allowed to give their password to third parties.

The user is obliged to provide correct and complete information.

8. User Liability

In case of a breach of the user’s obligations arising out of its fault or gross negligence or in case of a misuse of the app/the website, the user shall be fully liable for any damage caused by it.

The user guarantees to be entitled to upload and share the information it saves in the app or on the website (images, photos, logos, texts, etc.), respectively, that the uploaded content is free from any third party rights. The user shall indemnify and hold simplify.art harmless of any third party claims related thereto.

9. Warranty/Liability of simplify.art

simplify.art shall only be liable for any defects in design or title, for the correctness, accuracy, absence of any third party intellectual property rights, completeness or usability of the app/website or any information, software or documentation related thereto in case of its fault or gross negligence.

There is no liability whatsoever in case of negligence. This limitation of liability does not apply in case of damage to persons. In addition, simplify.art does not warrant that the app/website are available at all times.

10. Contract Term and Termination

This contract is concluded for an indefinite period of time. The user and simplify.art are entitled to terminate the contract at any time without any reason. The user may terminate the contract by deleting their account. The paid service can be terminated every month, taking effect on the next date of a month corresponding to the date of registration. The contract can only be terminated on the website.

In the case of an account being deleted, simplify.art shall delete all user data irretrievably within 30 days. In the case of big data sizes (galleries, museums) simplify.art will obtain the user’s second confirmation concerning the erasure of data.

11. Intellectual Property Rights / Right to Use the App

The app and all information provided on the website are protected by copyright. The user is entitled to use the app and the information provided on the website as intended and according to these terms and conditions. simplify.art grants a non-exclusive, non-transferable right to use the app to the extent necessary for its use. The right to use is limited to the term of the contract.

12. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules. All disputes arising out of or in connection with these terms and conditions shall be settled by the competent court in Graz, Austria. A consumer’s action or an action against a consumer according to the Austrian Consumer Protection Act shall be brought before a court whose district includes the consumer’s domicile, normal residence or place of employment.

Special Terms and Conditions for Payment Invite Services of simplify.art GmbH

(hereinafter the "Special Terms and Conditions")

Status September 2023

1. Preamble

Simplify.art has developed a secure online payment and shipment service for the purchase of artworks. Such service is based on the process of selling an artwork in person (face-to-face purchase and personal handover of an artwork against payment of money). It is intended to give both parties security when purchasing an artwork with or without a personal handover (mail order purchase). On the one hand, the seller should be secured that the purchaser will pay the purchase price before the artwork is shipped. On the other hand, the purchaser should be secured that the seller will ship the artwork after payment of the purchase price or that the purchase price is returned to purchaser otherwise.

1.1. Definitions

"Account Authorization" means the authorization given by the Seller to Simplify.art to transfer the Purchase Price and the Additional Costs, if any, pursuant to section 4.4.1 of these Special Terms and Conditions.
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"Additional Costs" means the shipping costs, packaging costs, framing costs, insurance costs or any other costs, if applicable, displayed in the Simplify.art Payment Invite to be borne by the Purchaser.
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"Bank Account" means an account at a bank that enables day-to-day, cashless payment processing.
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"Delivery of Package" means the point in time when (i) the shipment service provider marks the shipment of the artwork as "Delivered" and the Purchaser is notified about such delivery or (ii) in case of a Personal Handover 31 calendar days after the Purchaser has paid the Total Costs and the Purchaser and the Seller are notified about the passing of the 31 calendar days on the Simplify.art Platform.
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"Payment Invite" means a payment invite in the selling features of the Simplify.art Platform (currently payment invite links, viewing rooms and marketplace called "Discovery").
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"Personal Handover" means the personal hand over of the artwork offered by the Seller for sale from the Seller to the Purchaser.
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"Purchase Offer" means the purchase offer with respect to the artwork offered by the Seller for sale.
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"Purchase Price" means the price agreed between the Seller and the Purchaser for the artwork purchased.
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"Purchase Request" means a non-binding request sent by the Purchaser to the Seller within the Simplify.art Payment Invite or outside the Simplify.art Payment Invite by any other means to purchase a specific artwork offered by the Seller at a specific price.
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"Purchaser" means a User who occurs within the Simplify.art Payment Invite as a possible purchaser of the artwork offered by the Seller.
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"Seller" means a User who non-bindingly offers an artwork for sale within the Simplify.art Payment Invite and who is entitled to create a Stripe Account as defined in the STRIPE Agreements (for instance in Austria only businesses (including sole proprietors) and non-profit organisations located in Austria are eligible to apply for a Stripe Account and use the Services as defined in the Stripe Services Agreement – Austria).
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"Seller Payment Account" means a financial account created by Seller and issued by STRIPE that enables STRIPE to collect and remit payment on the Seller's behalf relating to the sale of the Seller's artwork on the Simplify.art Platform via the Simplify.art Payment Invite.
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"Simplify.art" means simplify.art GmbH, registered with the commercial register of the Commercial Court in Vienna under FN 540196 g, as operator of the Simplify.art Platform with the Simplify.art Payment Invite.
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"Simplify.art Payment Account" means a financial account created by Simplify.art and issued by STRIPE that enables STRIPE to collect and remit payment on Simplify.art's behalf relating to the services provided by Simplify.art under the Simplify.art Payment Invite.
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"Simplify.art Payment Invite" means the services set forth in these Special Terms and Conditions, which includes the services provided by Simplify.art including the payment with Purchaser and Seller protection as well as the shipment at the Purchaser's free discretion (in particular see sections 5 to 7 of these Special Terms and Conditions).
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"Simplify.art Payment Invite Fees" means the cost contribution by the Purchaser in relation to the Purchase Price calculated and displayed prior to the conclusion of the contract for the purchase of an artwork.
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"Simplify.art Platform" means the platform available under https://www.simplify.art/.
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"Simplify.art Shipment Partner" means a shipment service provider or a digital shipper which can be selected under the Simplify.art Payment Invite. Currently, Convelio SAS based in Paris, France is a digital shipper for valuable goods (including, but not limited to, fine-art, antiques, medical equipment) offering instant and competitive quotes to all main destinations in Europe and the rest of the world with various options.
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"Simplify.art Shipment Partner Ageements" means agreements with a Simplify.art Shipment Partner in connection with the Simplify.art Payment Invite, in particular the general terms and conditions of such Simplify.art Shipment Partner. With respect to the current digital shipper, Convelio SAS, in particular the general terms and conditions (https://www.convelio.com/en/terms/) shall apply.
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"STRIPE" means an online payment service based in Dublin, Ireland. All payments under this Simplify.art Payment Invite will be processed by STRIPE.
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"STRIPE Agreements" has the meaning set forth in section 1.2.2 of these Special Terms and Conditions below.
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"Total Costs" means the Purchase Price, the Simplify.art Payment Invite Fees and the Additional Costs together.
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"User" means a user of the Simplify.art Platform who also uses the services of the Simplify.art Payment Invite and the services of STRIPE.
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"User Account" means an account on the Simplify.art Platform created by a User.

1.2 General Information on the Requirements for the Use of the Simplify.art Payment
Invite

General. These Special Terms and Conditions govern the contractual relationship between Simplify.art and the Users (Purchaser and Seller). The contractual relationship includes all content, functions and other services in connection with the Simplify.art Payment Invite that Simplify.art makes available on the Simplify.art Platform. Individual services, such as in particular the execution of payment by STRIPE and shipping by shipping service providers selected by the Purchaser, including a Simplify.art Shipment Partner, may be subject to other and supplementary terms and conditions, which must be accepted prior to the use thereof.
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Acceptance of Special Terms and Conditions and Creation of Seller Payment Account by Seller. In order to use the Simplify.art Payment Invite, the Seller must (i) accept these Special Terms and Conditions (for the Simplify.art Payment Invite) and (ii) create and maintain a valid Seller Payment Account with STRIPE. Each such Seller Payment Account will be subject to terms and conditions specified in a separate agreement between STRIPE and the Seller. The payment processing services are provided by STRIPE and are in particular subject to the Stripe Connected Account Agreement (https://stripe.com/at/legal/connect-account), which includes the Stripe Services Agreement (https://stripe.com/at/legal/ssa) and the list of Prohibited and Restricted Businesses (https://stripe.com/at/legal/restricted-businesses) (the "STRIPE Agreements").
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Acceptance of STRIPE Agreements. By agreeing to these Special Terms and Conditions (for the Simplify.art Payment Invite) or continuing to offer the Seller's artwork for sale via the Simplify.art Payment Invite, the Seller agrees to be bound by the STRIPE Agreements, which may be modified by STRIPE from time to time. Simplify.art is not a party to the STRIPE Agreements but the Seller and STRIPE as well as any other parties listed in the STRIPE Agreements are parties to the STRIPE Agreements. Simplify.art has no obligations, responsibility or liability to the Seller or any other party under the STRIPE Agreements. However, if Simplify.art receives notice that the Seller has violated the STRIPE Agreements, Simplify.art may suspend, disable or terminate the Seller's ability to offer any artwork for sale on the Simplify.art Platform. As a requirement of Simplify.art Platform enabling payment processing services via STRIPE, the Seller agrees to provide Simplify.art accurate and complete information about itself and its business. The Seller further authorizes Simplify.art to share such information and transaction information related to the Seller's use of the payment processing services with STRIPE, tax authorities, and as otherwise necessary to provide the Simplify.art Payment Invite. The Seller also authorizes Simplify.art to use such information for related purposes, including trust and safety (to prevent fraud, abuse, and other bad actor behavior), tax and accounting reporting, and billing. Simplify.art will be responsible for billing the Purchaser for the Seller's artwork offered for sale. STRIPE will be responsible for the regulatory requirements and operational aspects relating to the collection of fees from the Purchaser and remittance of amounts payable to the Seller in accordance with these Special Terms and Conditions. If the Seller does not accept these Special Terms and Conditions or the STRIPE Agreements, the Simplify.art Payment Invite cannot be used.
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Acceptance of Special Terms and Conditions by Purchaser. In order to use the Simplify.art Payment Invite, the Purchaser must (i) accept these Special Terms and Conditions (for the Simplify.art Payment Invite).
Shipment via a Simplify.art Shipment Partner. If the Purchaser wishes to use the shipment service via a Simplify.art Shipment Partner, the Purchaser has to click the button "Use shipping organised by simplify.art", fill out the information requested by such Simplify.art Shipment Partner, in particular dimensions of a package and its weight and agree to the Simplify.art Shipment Partner Agreements, which may be modified by the Simplify.art Shipment Partner from time to time. Simplify.art is not a party to the Simplify.art Shipment Partner Agreements but the Purchaser and the Simplify.art Shipment Partner as well as any other parties listed in the Simplify.art Shipment Partner Agreements are parties to the Simplify.art Shipment Partner Agreements. Simplify.art has no obligations, responsibility or liability to the Purchaser or any other party under the Simplify.art Shipment Partner Agreements. However, if Simplify.art receives notice that the Purchaser has violated the Simplify.art Shipment Partner Agreements, Simplify.art may suspend, disable or terminate the Purchaser's ability to receive any shipments of any purchased artwork via the Simplify.art Shipment Partner on the Simplify.art Platform. The Simplify.art Shipment Partner will be responsible for any regulatory requirements and operational aspects relating to the shipment of the purchased artwork in accordance with these Special Terms and Conditions. If the Purchaser does not accept the Simplify.art Shipment Partner Agreements, the shipment service via the Simplify.art Payment Invite cannot be used.
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Personal Handover. If the Purchaser wishes a Personal Handover, the Purchaser has to click the button "Organise a personal handover". In this case it is assumed that the Seller hands over the artwork to the Purchaser within 31 calendar days after the Purchaser has paid the Total Costs.
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Other Shipping Service Provider. If the Purchaser wishes to use another suitable shipping service provider, the Purchaser has to click the button "Organise your own shipping" and is solely responsible for the selection of such shipping service provider and the organisation of the hand over of the purchased artwork by the Seller.
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Purchase Contract of Artwork. The contracting parties of the sale and the purchase of artwork via the Simplify.art Payment Invite are exclusively the Seller as provider of the artwork and the Purchaser as interested purchasing party.
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Conclusion of the Purchase Contract of Artwork. If the Purchaser makes a Purchase Request for the Seller's artwork and the Seller accepts such Purchase Request, no purchase contract is concluded yet. Upon acceptance of the Purchase Request by the Seller, (i) the Seller has to send to the Purchaser via electronic means a Payment Invite or (ii) the Purchaser clicks the button "Buy" on the Simplify.art Platform and the status for the artwork displayed on the Simplify.art Platform will be marked as "Awaiting Payment". The purchase contract of the Seller's artwork is concluded between Seller and Purchaser once the Total Costs are paid by the Purchaser in accordance with the Payment Invite or the button "Buy" on the Simplify.art Platform (see explanation of secure payment process in section 4 of these Special Terms and Conditions). Thus, as long as the Purchaser has not paid the Total Costs, the Purchaser may withdraw the Purchase Request at any time (eg also by non-payment of the Total Costs), even if the Purchase Request has been accepted by the Seller and the Seller sent a Payment Invite to the Purchaser. Upon receipt of the Total Costs in accordance with the Payment Invite or the button "Buy" on the Simplify.art Platform, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "Paid".
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Payment of the Total Costs. The Seller cannot freely dispose of the Purchase Price and the Additional Costs, if any, immediately, but only after the release of the payment of the Purchase Price and (parts of) the Additional Costs from the Seller Payment Account (see explanation of secure payment process in section 4 of these Special Terms and Conditions) to the Bank Account provided by the Seller to Simplify.art via the Simplify.art Payment Invite. Prerequisite for the payout from the Seller Payment Account is the receipt and inspection of the artwork by the Purchaser in accordance with the Purchaser and Seller protection provisions (in particular see sections 5 to 7 of these Special Terms and Conditions). The Simplify.art Payment Invite Fees will be paid directly to the Simplify.art Payment Account and Simplify.art can freely dispose thereof immediately.
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Shipping. After receiving the Purchase Price and the Additional Costs, if any, on the Seller Payment Account, the Purchaser shall select and organise a hand over of the purchased artwork by the Seller to either (i) a Simplify.art Shipment Partner and the tracking number will be added automatically via the Simplify.art Payment Invite or (ii) a suitable shipping service provider and enter a correct tracking number via the Simplify.art Payment Invite. Upon entering a tracking number via the Simplify.art Payment Invite, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "In Transit". If the Seller does not hand over the purchased artwork to the Simplify.art Shipment Partner or another shipping service provider and no tracking number is added via the Simplify.art Payment Invite within 31 calendar days after receipt of the Purchase Price and the Additional Costs, if any, on the Seller Payment Account, the Purchase Price and (parts of) the Additional Costs, if any, will be transferred back to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite but the Simplify.art Payment Invite Fees and (parts of) the Additional Costs, if any, will not be refunded to the Purchaser and the contract is cancelled. Upon expiry of the deadline for entering a tracking number via the Simplify.art Payment Invite, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "Cancelled". Any further claims between Purchaser and Seller do not exist.
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Delivery. After the Delivery of the Package, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "Delivered".
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Dispute. After the Delivery of Package, the Purchaser has 72 hours to file a complaint in the Simplify.art messaging system pursuant to section 6 of these Special Terms and Conditions. Upon a filing of such complaint, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "Disputed".
Pay-Out. If no complaint is filed in the Simplify.art messaging system pursuant to section 6 of these Special Terms and Conditions, the Total Costs shall be paid out pursuant to section 4.3.3 of these Special Terms and Conditions. After the pay-out of the Purchase Price and the Additional Costs, if any, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "Paid Out".

3. Function of the Simplify.art Payment Invite

1. The services provided by Simplify.art to the User under the Simplify.art Payment Invite include the provision of Purchaser and Seller protection (in particular see sections 5 to 7 of these Special Terms and Conditions) and access to the STRIPE payment system. The processing of the payment of the Total Costs via the payment system is operated by the payment service provider STRIPE (see also section 4 of these Special Terms and Conditions). The payment is not processed by Simplify.art, but exclusively by STRIPE. Simplify.art is not responsible for any actions or omissions by STRIPE in connection with the payment processing. The payment processing of the Purchase Price and the Additional Costs does not run via accounts of Simplify.art and therefore Simplify.art does not hold the the Purchase Price and the Additional Costs, if any, at any time. Simplify.art only holds the Simplify.art Payment Invite Fees transferred to the Simplify.art Payment Account with STRIPE.

2. By using the Simplify.art Payment Invite and the selected payment option, the Seller enters into a contract with STRIPE regarding the execution of the payment. The Seller acknowledges and hereby unconditionally agrees that:
a. the right to use the payment services exists only for sales in his/her/its/their own name and for in his/her/its/their own account; and
b. he/she/it/they accept/s the currently valid STRIPE Agreements which are available for download (in Austria currently consisting of the Stripe Connected Account Agreement (https://stripe.com/at/legal/connect-account), which includes the Stripe Services Agreement (https://stripe.com/at/legal/ssa) and the list of Prohibited and Restricted Businesses (https://stripe.com/at/legal/restricted-businesses) and ensures that such items are neither offered nor sold in the Simplify.art Payment Invite).

3. The Simplify.art Payment Invite is free of charge for the Seller. The Simplify.art Payment Invite Fees are borne by the Purchaser. The Purchaser will be informed about the amount of the Total Costs, including the Simplify.art Payment Invite Fees, directly in the Payment Invite.

4. The Purchaser and Seller protection within the Simplify.art Payment Invite is set up in such a way that the Purchase Price and (parts of) the Additional Costs, if any, paid by the Purchaser are not paid out immediately to the Seller but upon the receipt and inspection of the artwork by the Purchaser in accordance with the Purchaser and Seller protection provisions (in particular see sections 5 to 7 of these Special Terms and Conditions). The Purchaser and Seller protection is inter alia implemented by the Account Authorization given by the Seller to Simplify.art vis-à-vis STRIPE (see section 4.4 of these Special Terms and Conditions).

4. Distance Selling Business (Fernabsatzgeschäft) and Right of Withdrawal for Consumers

Users who are consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG) are entitled to the following right of withdrawal under the Austrian Distance and Outbound Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG):
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1. The User has the right to withdraw from the contract with Simplify.art within 14 calendar days without giving any reason.
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2. The withdrawal period will expire within 14 calendar days from the day of the conclusion of contract. If the last day of the period falls on a Saturday, Sunday or public holiday, the period ends on the following working day.
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3. To exercise the right of withdrawal, the User must inform Simplify.art via contact@simplify.art or simplify.art GmbH, Kundmanngasse 13/10, A-1030 Vienna, Austria, of his/her/its/their decision to withdraw from the contract by an unambiguous statement (e.g. a letter sent by post or e-mail). The User may use the model withdrawal form below or another unambiguous statement and send it to Simplify.art.
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4. To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning his/her/its/their exercise of the right of withdrawal before the withdrawal period has expired.
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5. In case the User withdraws from the contract, Simplify.art shall reimburse to the User all payments received from the User without undue delay and in any event not later than 14 days from the day on which Simplify.art is informed about the User's decision to withdraw from the contract. Simplify.art will carry out such reimbursement using the same means of payment the User used for the initial transaction, unless the User has expressly agreed otherwise; in any event there will not incur any fees as a result of such reimbursement for the User.

6. Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To simplify.art GmbH, Kundmanngasse 13/10, A-1030 Vienna, E-Mail: contact@simplify.art
‍I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
Ordered on (*)/received on(*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date_____________________(*) Delete as appropriate

7. The User has no right to withdraw from the contract pursuant to § 10 of the Austrian Distance and Outbound Transactions Act, if (i) the User expressly requests from Simplify.art a premature activity and (ii) the User confirms that he/she/it/they has/have knowledge of the loss of the right of withdrawal in the event that Simplify.art had started to perform the service before the expiry of the withdrawal period and has completed the performance of the contract pursuant to § 11 of the Austrian Distance and Outbound Transactions Act. If Simplify.art's performance has already been partially provided prior to the notice of withdrawal, the User shall be obliged to pay a pro rata Simplify.art Payment Invite Fee.

2. Rights and Obligations of the Seller

2.1 Registration on the Simplify.art Platform

The use of the Simplify.art Payment Invite is reserved for registered Users. Users do not have a right to registration. Simplify.art reserves the right to request proof of the
identity and creditworthiness of the User as well as the power of representation of the persons acting on behalf of the User as part of the registration process and to refuse
registration of a person without giving reasons.

As part of the registration process, the User has to provide all required information completely and truthfully and subsequently update such information without delay in
the event of any change.
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After stating all required data truthfully in the registration process and acceptance of the registration by Simplify.art, the User has access to its account. After the initial registration, the User may register by entering his/her/its/their personal access data (username and password) on the Simplify.art Platform.
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The User undertakes to keep his/her/its/their access data secret and to protect the access data from access by unauthorised third parties. The User is solely responsible
for the confidentiality and protection of his/her/its/their access data. If the User passes on his/her/its/their access data to third parties, he/she/it/they undertake/s to transfer the obligation to comply with these Special Terms and Conditions to the third party. The User shall be liable for all disadvantages Simplify.art may suffer if the User does not
comply with the foregoing obligation. In case the User loses his/her/its/their access data or in case of suspicion that unauthorized third parties have become aware of the
access data, the User is obliged to promptly notify Simplify.art by e-mail to contact@simplify.art in order to arrange for the User Account to be blocked.

2.2 Purchase Offer by Seller

1. If the Seller registered pursuant to section 2.1 of these Special Terms and Conditions wishes to publish a Purchase Offer on the Simplify.art Platform, the Simplify.art Payment Invite registration has to be completed as well.

2. After completion of the registration for the Simplify.art Payment Invite, the Seller is entitled to use the Simplify.art Payment Invite by publishing a Purchase Offer, which shall describe the artwork as detailed as possible. In particular, the Seller shall state the following:
a. proposed purchase price including tax information (such as VAT);
b. additional Costs;
c. photo(s) of the actual artwork offered;
d. dimension of the artwork;
e. dimension and weight of the artwork including packaging (shipment-ready);
f. name of the artist;
g. title of the artwork;
h. year of the creation of the artwork;
i. technique of the creation of the artwork;
j. description of the artwork; and
k. address of the pickup location of the artwork.
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3. The Purchaser may either click the button (i) "Use shipping organised by simplify.art", (ii) "Organise a personal handover" or (iii) "Organise your own shipping" and then shall select and engage another shipping service provider directly at its own discretion. The Seller is in any case responsible for the packaging, framing and insurance or any incurring costs for other services with regard of the purchased artwork. In case the Purchaser has clicked the button "Use shipping organised by simplify.art", the Purchaser and the Seller each have to fill out the information requested by such Simplify.art Shipment Partner and the Purchaser has to agree to the Simplify.art Shipment Partner Agreements. The costs for such Simplify.art Shipment Partner will be set forth separately in the Simplify.art Payment Invite and paid by the Purchaser to the Simplify.art Shipment Partner via the Simplify.art Payment Invite. In case the Seller has not filled out the information requested by the Simplify.art Shipment Partner correctly, any additional costs of the Simplify.art Shipment Partner are to be carried by the Seller and may be deducted from the Purchase Price. In case the Purchaser has not filled out the information requested by the Simplify.art Shipment Partner correctly, any additional costs of the Simplify.art Shipment Partner are to be carried by the Purchaser. In case the Purchaser has clicked the button "Organise a personal handover", it is assumed that the Seller hands over the artwork to the Purchaser within 31 calendar days after the Purchaser has paid the Total Costs. In case the Purchaser has clicked the button "Organise your own shipping" another shipping service provider is engaged by the Purchaser directly, the Purchaser has to calculate the Additional Costs correctly and any deviating additional costs for the shipment, packaging, framing, insurance and/or other services shall be borne by the Purchaser. In case the Seller has not filled out the information requested in the Purchase Offer correctly, any additional costs are to be carried by the Seller and may be deducted from the Purchase Price.

4. The Simplify.art Payment Invite Fees are borne by the Purchaser. Once the Purchase Price is agreed between the Seller and the Purchaser, the Simplify.art Payment Invite Fees will be automatically updated and displayed, in each case as part of the Payment Invite prior to the payment process.

3. Purchase Request by Purchaser, Rejection and Counteroffer by Seller

1. The Purchaser whether registered or not is entitled to send a Purchase Request to the Seller either by (i) using the button "Buy", (ii) using the button "Make an Offer", (iii) using the button "Enquiry" or (iv) separate message within or outside the Simplify.art Platform. The Purchaser can also specify a different purchase price from the one set forth in the Purchase Offer by Seller and (1) use the button "Make an Offer", (2) use the button "Enquiry" or (3) write a message to the Seller. Further, the Purchaser can also ask the Seller any other questions related to the artwork and write a message to the Seller. The Purchase Request is without any time limitation, but may be withdrawn by the Purchaser at any time, if the Purchaser has not paid the Total Costs, even if the Purchase Request has been accepted by the Seller. By clicking on the button "Buy", the Purchaser accepts the Total Costs (consisting of the Purchase Price, the Simplify.art Payment Invite Fees and the Additional Costs) displayed in the Purchase Request and agrees to pay them.

2. After the Purchaser sent a Purchase Request to the Seller by using the button "Buy", it is not possible to change the content of the Purchase Request.

3. After the Purchaser sent a Purchaser Request to the Seller without using the button "Buy", the Seller can create a Payment Invite and send it to the Purchaser by electronic means. The Purchase Request is without any time limitation, but may be withdrawn by the Purchaser at any time, if the Purchaser has not paid the Total Costs in accordance with the Payment Invite, even if the Purchase Request has been accepted by the Seller and the Seller sent a Payment Invite.

4. The Seller can reject a Purchase Request sent via the button "Make an Offer" by clicking the button "Reject Offer".

5. The Seller can also reject the Purchase Request and propose another price at the same time by clicking the button "Make Counter Offer" and setting forth a new purchase price.

6. The contract for the Simplify.art Payment Invite is concluded between the Purchaser and Simplify.art upon payment of the Total Costs. If the Purchaser is a consumer in the sense of the Austrian Consumer Protection Act, he/she/it/they is/are entitled to the right of withdrawal pursuant to section 1.4 of these Special Terms and Conditions.

4. Secure Payment Process

4.1 Registration of Seller with Payment Service Provider

4.1.1 The payment process is handled by the payment service provider STRIPE (https://stripe.com/at).

4.1.2 By agreeing to these Special Terms and Conditions for the Simplify.art Payment Invite or continuing to offer the Seller's artwork for sale on the Simplify.art Platform, the Seller agrees to be bound by the STRIPE Agreements as set forth in section 1.2.3 of these Special Terms and Conditions.

4.1.3 Simplify.art is not a party to the STRIPE Agreements. Simplify.art reserves the right, subject to the terms of an agreement with the payment service provider, to change the payment service provider. In the event of any inconsistency between these Special Terms and Conditions and the payment service provider's terms and conditions, these Special Terms and Conditions shall prevail. This does not include inconsistencies between these Special Terms and Conditions and the payment service provider's terms and conditions relating to payment processing or the account with the payment service provider. In such cases, the payment service provider's terms and conditions shall prevail.

4.1.4 Due to STRIPE's anti-money laundering and KYC (Know Your Customer) regulations, the Purchase Price and (parts of) the Additional Costs, if any, cannot be paid out to the Seller if the Seller fails to comply with STRIPE's KYC regulations. In such case, the Purchase Price and (parts of) the Additional Costs, if any, may be refunded to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite. The Simplify.art Payment Invite is then terminated. The parties to the purchase contract shall assert any claims directly among themselves outside the Simplify.art Payment Invite, if any.
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4.1.5 The Seller is solely responsible for the accuracy of the information provided to STRIPE and Simplify.art. In particular, the Seller shall ensure that the bank data (e.g. IBAN) deposited for the Seller Payment Account is up to date and correct so that the correct disbursement of funds can be made. Simplify.art and STRIPE assume no liability for damages and/or disadvantages resulting from incorrect or out-of-date data.

4.2 Payment Process by Purchaser

4.2.1 After a Purchaser has received the Payment Invite Link from the Seller, he/she/it/they can pay the Total Costs until the expiration date set forth in the Payment Invite Link.

4.2.2 Partial payments are not possible, a Purchaser can pay the Total Costs (consisting of the Purchase Price, the Simplify.art Payment Invite Fees and the Additional Costs) only as a one-time payment.
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4.2.3 After a Purchaser has successfully paid the Total Costs, he/she/it/they cannot withdraw from the purchase contract with the Seller or cancel the payment of the Total Costs unless he/she/it/they is/are a consumer within the meaning of the Austrian Consumer Protection Act. The Seller shall be responsible to inform the Purchaser on any consumer rights in this regard.

4.3 Secure Payment

4.3.1 Payments are made to the Seller Payment Account registered by Seller and the Simplify.art Payment Account registered by Simplify.art, but neither Seller nor Simplify.art can freely dispose of any monies thereon. For the avoidance of doubt, the Payment Invite Link will only set forth one account number and the distribution of the Total Costs will be executed by STRIPE to the Seller Payment Account and the Simplify.art Payment Account.

4.3.2 After the Delivery of Package, the Purchaser has 72 hours to file a complaint in the Simplify.art messaging system (see section 6 of these Special Terms and Conditions).

4.3.3 If no complaint is filed within this period, the Purchase Price and the Additional Costs as set forth in the Payment Invite Link are transferred from the Seller Payment Account
to the Seller's Bank Account automatically. The Simplify.art Payment Invite Fees as set forth in the Payment Invite Link are transferred to the Simplify.art Payment Account automatically upon receipt.9

4.4.4 In the cases listed in sections 4.1.4 , 5.2 , 5.3 , 7.5 , 7.6.1 , 7.6.3 and 7.7.1 of these Special Terms and Conditions, the Purchase Price or parts thereof and/or the Additional Costs or parts thereof will be transferred back from the Seller Payment Account to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite.

4.4 Account Authorization

4.4.1 The Seller irrevocably authorizes Simplify.art to dispose of the Purchase Price and the Additional Costs on the Seller Payment Account vis-à-vis STRIPE in accordance with
sections 5 to 7 of these Special Terms and Conditions.

4.4.2 The Account Authorization serves exclusively to implement the Purchaser and Seller protection (in particular see sections 5 to 7 of these Special Terms and Conditions) and
only authorizes Simplify.art to make dispositions in accordance with the specifications made in sections 5 to 7 of these Special Terms and Conditions.

4.4.3 The Account Authorization does not entitle Simplify.art to any other dispositions other than those set forth in sections 5 to 7 of these Special Terms and Conditions.

4.4.4 The Account Authorization is valid for the duration of the Simplify.art Payment Invite. The Account Authorization shall not expire upon the death of the Seller.

5. Shipping and Delivery

5.1 Packing and Shipping

5.1.1 After the successful and complete payment of the Total Costs by the Purchaser in accordance with the Payment Invite, the Seller is required to hand over the purchased artwork to (i) a shipping service provider selected by the Purchaser and enter a correct tracking number via the Simplify.art Payment Invite or (ii) the Simplify.art Shipment Partner and the tracking number will be added automatically via the Simplify.art Payment Invite. In case of a Personal Handover, the Seller has to hand over the purchased artwork to the Purchaser. The Seller is solely responsible for packing and framing the artwork for shipment or Personal Handover in a way that is suitable. Further, the Seller is solely responsible for entering the correct tracking number, if applicable. In case the Seller has not filled out the information requested by the Simplify.art Shipment Partner correctly, any additional costs of the Simplify.art Shipment Partner are to be carried by the Seller and may be deducted from the Purchase Price. In case the Purchaser has not filled out the information requested by the Simplify.art Shipment Partner correctly, any additional costs of the Simplify.art Shipment Partner are to be carried by the Purchaser. The Purchaser shall be responsible for any insurance on the shipment of the purchased artwork, if any. Simplify.art shall not be liable to any User for any damages caused by packaging and/or shipment of the purchased artwork.

5.1.2 The shipping service provider selected by the Purchaser, including the Simplify.art Shipment Partner, shall offer the service of online package tracking, which shall allow the Seller and the Purchaser to track the status of the shipment online.

5.1.3 With regard to any liability for any damages or losses that may arise in the shipping process, the terms and conditions of the respective shipping service providers selected by the Purchaser, including the Simplify.art Shipment Partner, shall apply.

5.2 Agreeing to Simplify.art Shipment Partner Agreements

5.2.2 Simplify.art is not a party to the Simplify.art Shipment Partner Agreements. Simplify.art reserves the right, subject to the terms of an agreement with the shipping service provider, to change the shipping service provider. In the event of any inconsistency between these Special Terms and Conditions and the Simplify.art Shipment Partner 's terms and conditions, these Special Terms and Conditions shall prevail. This does not include inconsistencies between these Special Terms and Conditions and the Simplify.art Shipment Partner's terms and conditions relating to the shipment of the purchased artwork. In such cases, the Simplify.art Shipment Partner's terms and conditions shall prevail.
5.2.3 The Seller is solely responsible for the accuracy of the information provided to Simplify.art. The Purchaser is solely responsible for the accuracy of the information provided to the shipping service provider, including the Simplify.art Shipment Partner. In particular, the Purchaser shall ensure that the bank data (e.g. IBAN) and address of the Seller and the Purchaser is up to date and correct so that a correct shipment can be made. Simplify.art and the Simplify.art Shipment Partner assume no liability for damages and/or disadvantages resulting from incorrect or out-of-date data.
5.1.2 The shipping service provider selected by the Purchaser, including the Simplify.art Shipment Partner, shall offer the service of online package tracking, which shall allow the Seller and the Purchaser to track the status of the shipment online.5.2.1 If the Purchaser wishes to use a Simplify.art Shipment Partner, the Purchaser agrees to be bound by the Simplify.art Shipment Partner Agreements as set forth in section 1.2.4 of these Special Terms and Conditions.

5.3 No Shipment

If the Seller does not hand over the purchased artwork to a shipping service provider selected by the Purchaser, including a Simplify.art Shipment Partner, and no tracking number is entered via the Simplify.art Payment Invite within 31 calendar days after receipt of the Total Costs, the Purchase Price and (parts of) the Additional Costs, if any, will be transferred back to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite and the contract is cancelled. Any further claims between Purchaser and Seller do not exist. The Simplify.art Payment Invite Fees paid by the Purchaser for the Simplify.art Payment Invite will not be refunded.

5.3 Refusal of Acceptance by Purchaser

If the Purchaser refuses to accept the package with the purchased artwork, it will be returned to the Seller. The pay-out of the Total Costs will be suspended until clarified by Simplify.art support, whereby Simplify.art reserves the right to refund the Purchase Price to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite. The Simplify.art Payment Invite Fees and the Additional Costs paid by the Purchaser for the Simplify.art Payment Invite will not be refunded but the Simplify.art Payment Invite Fees will remain with Simplify.art and the Additional Costs will be released to the Seller, the Purchaser, Simplify.art and/or the Simplify.art Shipment Partner, respectively. The Simplify.art Payment Invite is terminated. Any potential claims of the Seller against the Purchaser shall remain unaffected.

6. Complaint by Purchaser and Release Mechanism

6.1 Complaint by Purchaser within 72 hours

6.1.2 The Purchaser has 72 hours starting as of the Delivery of Package to complain about the artwork via the Simplify.art support by clicking on the button "Dispute", filling out a dispute form provided by Simplify.art and sending it to Simplify.art via the Simplify.art Payment Invite. This will block the payment of the Purchase Price and (parts of) the Additional Costs, if any, to Seller beyond this period until further notice. The Simplify.art Payment Invite Fees paid by the Purchaser for the Simplify.art Payment Invite will not be refunded.
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6.1.2 By clicking on the button "Dispute", filling out a dispute form provided by Simplify.art and sending it to Simplify.art via the Simplify.art Payment Invite, Simplify.art, the Seller and the Purchaser are contacted. The Purchaser and the Seller shall then have the opportunity to find a joint solution within a period of 14 calendar days in accordance with the provisions set forth under section 7 of these Special Terms and Conditions.

6.2 No Complaint by Purchaser within 72 hours

If no complaint is made by the Purchaser within 72 hours starting as of the Delivery of Package, it is assumed that the Purchaser agrees to the pay-out of the Purchase Price and (parts of) the Additional Costs, if any, to the Seller and thus the Purchaser's right to complain via the Simplify.art Payment Invite expires. In such case the payments of the Purchase Price and (parts of) the Additional Costs, if any, to the Seller, Simplify.art and/or the Simplify.art Shipment Partner respectively are automatically released. The Simplify.art Payment Invite Fees paid by the Purchaser for the Simplify.art Payment Invite will not be refunded. The Simplify.art Payment Invite is thus fully provided and any subsequent complaints by the Purchaser can only be handled by the Purchaser directly with the Seller.

6.3 Active Release of the Payments

The Purchaser can also release the payments of the Total Costs prematurely by clicking on the button "Delivered". The Simplify.art Payment Invite is then fully provided, and any subsequent complaints can only be handled by the Purchaser directly with the Seller and no longer via the Simplify.art Payment Invite.

7. Complaint Handling Process

7.1 Role of Simplify.art

7.1.1 Simplify.art shall act as a moderator in the event of a conflict between the Seller and the Purchaser in order to support an amicable solution between the parties and thus to reach an agreement acceptable to both parties. At any time, the Seller and the Purchaser are entitled to terminate the Purchaser and Seller protection procedure (in particular see sections 5 to 7 of these Special Terms and Conditions) via the Simplify.art Payment Invite by mutual agreement, to pursue the alleged claims by means of direct communication and, if necessary, to file claims before ordinary courts.

7.2 Agreed Condition of the Artwork

7.2.1 The agreed condition of the artwork results from the description of the artwork in the Purchase Offer, the photos posted by the Seller and the previous communication between the Purchaser and the Seller via the Simplify.art Payment Invite. Simplify.art recommends that the Purchaser requests in detail the condition of the artwork and, in case of doubt, also request additional photos in order to rule out any errors as far as possible.

7.2.2 A complaint via the Simplify.art Payment Invite requires that the delivered artwork does not correspond to the condition described in writing and resulting from the photos (if available).

7.2.3 Any non-objective deviations from the agreed condition or any non-objective defects of an artwork cannot be subject to the Purchaser's complaint pursuant to section 6 of these Special Terms and Conditions within the scope of the Simplify.at Payment Invite. Non-objective deviations and/or defects are, for example, immaterial inadequacies, i.e. based on the Purchaser's perception of value (e.g. "I don't like the artwork") or subjective inadequacies based in the person of the Purchaser.

4.2.4 The Seller and the Purchaser are each individually responsible for appropriately saving and storing any data they need for any documentation or preservation of evidence of the described condition of the artwork by means of independent and external data carrier.

7.3 Support in the Complaint Handling Process

The Seller and the Purchaser agree to actively participate in the complaint handling process moderated by Simplify.art pursuant to this section 7 of these Special Terms
and Conditions.

7.4 Complaint Process

As of the complaint case triggered by the Purchaser pursuant to section 6.1 of these Special Terms and Conditions, Simplify.art shall contact the Seller and the Purchaser and set them a deadline of 14 calendar days to directly agree on a solution. Both Seller and Purchaser accept that a deletion of the User Account (and any data related to this case) according to Art 17 of the EU General Data Protection Regulation is not possible during the Payment Invite Link services are not finished, in particular as long as the complaint has not been resolved.

7.5 Amicable Agreement - Acceptance of the Artwork

If the Seller and the Purchaser agree by means of a written notification to Simplify.art via e-mail addresses provided to Simplify.art via the Simplify.art Payment Invite that the artwork is accepted by the Purchaser, the payment of the new Purchase Price, if any, and (parts of) the Additional Costs, if any, will be released to the Seller's Bank Account, any difference between the original and the new Purchase Price, if any will be released to Purchaser via the originally used means of payment in the Simplify.art Payment Invite and (parts of) the Additional Costs, if any, to Simplify.art and/or the Simplify.art Shipment Partner, respectively. The Simplify.art Payment Invite Fees paid by the Purchaser for the Simplify.art Payment Invite will not be refunded but will remain with Simplify.art. The complaint is thus amicably resolved and the Simplify.art Payment Invite is terminated.

7.6 Amicable Agreement - Return of the Artwork

7.6.1 If the Seller and the Purchaser agree by means of written notification to Simplify.art that (a) the Seller will accept the return of the artwork and (b) which of the parties will bear the costs of the return shipment, the Purchaser must return the artwork to the Seller by providing the Seller and Simplify.art with a correct tracking number within 7 calendar days. The Purchaser is obliged to provide suitable wrapping and packaging (= outer and inner packaging), hand over the purchased artwork to a suitable shipping service provider and provide a correct tracking number. The Purchaser shall be responsible for any insurance on the shipment of the artwork, if any. Upon entering a tracking number via the Simplify.art Payment Invite, the status for the artwork displayed in the Simplify.art Payment Invite will be marked as "In Transit". The Seller must inform Simplify.art in writing no later than 72 hours after the artwork has been returned. Simplify.art reserves the right to obtain the relevant shipping confirmations and shipment progress logs from the Purchaser in order to determine the delivery that has taken place in case of doubt. Thereafter, Simplify.art will refund the Purchase Price to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite. The Simplify.art Payment Invite Fees and the Additional Costs paid by the Purchaser will not be refunded but the Simplify.art Payment Invite Fees will remain with Simplify.art and (parts of) the Additional Costs, if any, will be released to the Seller, Simplify.art and/or the Simplify.art Shipment Partner, respectively. Any refund of the return shipping costs will be handled directly by the Seller and the Purchaser and is not subject to the Simplify.art Payment Invite. The complaint is thus amicably resolved and the Simplify.art Payment Invite is terminated.

7.6.2 If the Seller and the Purchaser agree on the return of the artwork in accordance with section 7.6.1 of these Special Terms and Conditions, but the Purchaser subsequently does not hand over the artwork to the shipping service provider for return and does not provide a correct tracking number to the Seller and Simplify.art within the 7 calender day period, the Purchase Price will be released to the Seller's Bank Account, the Simplify.art Payment Invite Fees will remain with Simplify.art and (parts of) the Additional Costs, if any, will be released to the Seller, Simplify.art and/or the Simplify.art Shipment Partner, respectively. There will be no rescission of the purchase contract between the Seller and the Purchaser. The complaint is thus resolved and the Simplify.art Payment Invite is terminated.

7.6.3 If the Seller and the Purchaser agree on the return of the artwork in accordance with section 7.6.1 of these Special Terms and Conditions, but the Seller subsequently refuses to accept the artwork despite proper return, Simplify.art will refund the Purchase Price to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite. Simplify.art reserves the right to obtain the relevant shipping confirmations and shipment progress logs from the Purchaser in order to determine that the Seller has refused to accept the artwork delivery in case of doubt. The Simplify.art Payment Invite Fees and the Additional Costs paid by the Purchaser will not be refunded but the Simplify.art Payment Invite Fees will remain with Simplify.art and (parts of) the Additional Costs, if any, will be released to the Seller, the Purchaser, Simplify.art and/or the Simplify.art Shipment Partner, respectively. The complaint is thus resolved and the Simplify.art Payment Invite is terminated. Any potential claims for compensation by the Purchaser directly against the Seller remain unaffected. Any disputes regarding the ownership of the artwork are to be settled directly by the Seller and the Purchaser.

7.7 No Agreement

7.7.1 In the event that no amicable solution has been agreed upon by the Seller and the Purchaser within the set period, Simplify.art reserves the right to keep the Purchase Price and the Additional Costs on the Seller's Payment Account. Upon an agreement by the Seller and the Purchaser Simplify.art will release the Purchase Price or parts thereof and the Additional Costs or parts thereof to the Seller or transferred back the Purchase Price or parts thereof and the Additional Costs or parts thereof to the Purchaser via the originally used means of payment in the Simplify.art Payment Invite and/or release (parts of) the Additional Costs, if any, to Simplify.art and/or the Simplify.art Shipment Partner. Simplify.art is entitled to charge additional fees, if STRIPE charges additional fees for the maintaining of the Seller Payment Account. The complaint will then be resolved and the Simplify.art Payment Invite terminated.

7.7.2 Simplify.art is also entitled at its sole discretion to discharge itself from its debt by judicial deposit (gerichtliche Hinterlegung) or other deposit agreed upon by the Seller, the Purchaser and Simplify.art.

8 Availability and Shut Down of Simplify.art Payment Invite

8.1 Simplify.art does not warrant the continuous availability of its Simplify.art Payment Invite. Downtimes due to maintenance, software updates and other circumstances (such as technical problems of third parties, force majeure, etc.) beyond the control of Simplify.art resulting in the unavailability of the Simplify.art Payment Invite cannot be excluded. The User declares that he/she/it/they will not assert any claims for damages and/or warranty claims for any such failures.

8.2 Simplify.art further does not warrant that the Simplify.art Payment Invite will meet the User's expectations, in particular that successes (e.g. the sale of artwork(s)) will be achieved from the use of the Simplify.art Payment Invite.

8.3 Simplify.art is entitled to shut down the Simplify.art Payment Invite, in whole or in part, if its security or the security of individual or several Users is at risk or if the continued operation of the Simplify.art Payment Invite or parts thereof is no longer economically reasonable for Simplify.art. Simplify.art will notify the User of such measures without delay, whereby the User shall not be entitled to any claims against Simplify.art or its contractual partners as a result - except in the case of fault by Simplify.art.

9 Liability

9.1 Simplify.art shall only be liable to the extent any damage is caused by gross negligence (grobe Fahrlässigkeit) or wilful misconduct (Vorsatz). Any liability of Simplify.art for simple gross negligence (schlicht grobe Fahrlässigkeit) with regard to Users who are entrepreneurs within the meaning of the Austrian Consumer Protection Act shall be excluded. Any liability for personal injury shall remain unaffected.

9.2 If the User is an entrepreneur within the meaning of the Austrian Consumer Protection Act, Simplify.art shall not be liable for any indirect and consequential damages, in particular, but without limitation to, lost profits, loss of interest, lost savings, and any third party claims.

10 Termination/Deletion and Blocking of User Account

101 The User may terminate the contract with Simplify.art by deleting his/her/its/their account on the Simplify.art Platform, if no more transactions under the Simplify.art Payment Invite are open.

10.2 A termination (by deleting the User's account) is not possible if the User has not yet completed a transaction initiated via the Simplify.art Payment Invite and the payment processing via STRIPE (including a complaint process that has not yet been resolved) or is blocked pursuant to section 10.4 of these Special Terms and Conditions.

10.3 Simplify.art has the right to block the User for good cause for individual or all services under the Simplify.art Payment Invite or to terminate the contract with the User without notice for good cause. In particular, the following cases qualify as good cause:
a. infringement of these Special Terms and Conditions including the STRIPE Agreements and the Simplify.art Shipment Partner Agreements;
b. breaches of law, material contractual provisions, public morality (gute Sitten), reputation or legitimate interests of Simplify.art or a partner company such as STRIPE or a Simplify.art Shipment Partner;
c. lack of legal personality or capacity (fehlende Rechts- oder Geschäftsfähigkeit);
d. or reasonable suspicion of misuse of the Simplify.art Payment Invite or individual services therunder.

10.4 Pursuant to the Austrian Digital Platforms Reporting Obligations Act (Digitale Plattformen-Meldepflichtgesetz - DPMG), Simplify.art as platform operator may be obliged to obtain from a Seller certain information as set forth under § 18 DPMG and report such information to the Austrian tax authorities pursuant to § 13 DPMG. If the Seller fails to provide such legally required information in a timely manner after being requested to do so and reminded by Simplify.art, Simplify.art will prevent the Seller from conducting further transactions via the Simplify.art Payment Invite as long as the Seller fails to provide the requested information.

11 Amendments

11.1 The provisions of these Special Terms and Conditions may be amended by Simplify.art without notice at any time, whereby any such amendments shall be published on the website of Simplify.art, https://www.simplify.art/, or sent by e-mail to the e-mail address provided by the User. At the same time, the User shall be informed by Simplify.art of the date on which the amendments enter into force. For transactions under the Simplify.art Payment Invite already in progress, the Special Terms and Conditions in force at the time of the order shall apply.

11.2 For transactions under the Simplify.art Payment Invite not yet in progress, the User has the right to click the button "ACCEPT NEW SPECIAL TERMS AND CONDITIONS" in the course of the creation of Payment Invite via the User Account and thus the User agrees to the amended special terms and conditions and waives any such termination right.

11.3 The User shall be deemed to have given his/her/its/their consent to any amendments to the Special Terms and Conditions that do not relate to Simplify.art's main service obligations and to any amendments to the Special Terms and Conditions that are necessary due to changes in the law if the User continues to use the Simplify.art Payment Invite after the date on which the amended Special Terms and Conditions become effective (implied consent). In this case of implied consent, the proposed amendment shall be communicated to the User at least 30 days before it becomes effective - unless a longer period results from mandatory statutory provisions.

11.4 The User is free to reject the amended Special Terms and Conditions by no longer using the Simplify.art Payment Invite after the amended Special Terms and Conditions become effective.

12 Applicable Law, Place of Jurisdiction and Alternative Dispute Resolution

12.1 All legal disputes which may arise out of or in connection with these Special Terms and Conditions and/or the legal relationship between Simplify.art and its Users shall be governed by and construed under the laws of Austria without giving effect to its conflict of law rules of Austrian private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance is the registered office of Simplify.art. In case of consumers within the meaning of the Austrian Consumer Protection Act, this choice of law applies only to the extent that the consumer is not deprived of the protection granted by the mandatory provisions of the law of the country of the consumer’s habitual residence.

12.2 The competent court in Vienna, Austria shall have exclusive jurisdiction to any disputes which may arise out of or in connection with these Special Terms and Conditions and/or the legal relationship between Simplify.art and its Users and, for such purposes, the parties irrevocably submit to the exclusive jurisdiction of such courts. The legal venue for all disputes arising in connection with the contract against a consumer within the meaning of the Austrian Consumer Protection Act having his/her/its/their domicile, habitual residence or place of employment within the country shall be one of the courts of the district where the consumer has his/her/its/their place of domicile, habitual residence or place of employment. For consumers who are not resident in Austria, the mandatory legal place of jurisdiction shall apply.

12.3 Simplify.art is obliged to inform the Users about the possibility of an alternative dispute resolution for consumers within the meaning of the Austrian Consumer Protection Act. Simplify.art has no legal obligation to join such alternative dispute resolution procedure and will not participate in such a procedure.
For contracts concluded online, consumers within the meaning of the Austrian Consumer Protection Act may contact the Austrian Internet Ombudsstelle: https://www.ombudsstelle.at. In addition, consumers within the meaning of the Austrian Consumer Protection Act also have the option of contacting the EU's online dispute resolution platform: https://ec.europa.eu/consumers/odr/.

13 Final Provisions

13.1 Simplify.art shall be entitled to assign the contractual relationship with its User to any third party without the prior written consent of the User who is an entrepreneur within the meaning of the Austrian Consumer Protection Act.

13.2 Each party shall bear its own costs, taxes, duties or fees arising from the contractual relationship. Any possible stamp duties shall be borne by the User who is an entrepreneur within meaning of the Austrian Consumer Protection Act.