Cointemporary is an online art project operated by Boot/Ruhry Projekte GmbH, Märzstraße 7, 1150 Vienna, Austria (in the following referred to as “Cointemporary”). Cointemporary offers artworks for sale in its own name. These Terms and Conditions govern your order from Cointemporary.
If you have any questions, suggestions or complaints, you may contact us at the address indicated above or at the service telephone number +1 (415) 712-6191 or via our e-mail-adress firstname.lastname@example.org.
Currency and Purchase
Cointemporary sells artworks in the currency of Bitcoin (“BTC”). By clicking the “Place Order”-button after completing the purchase form, you submit a binding offer to enter into a purchase agreement with Cointemporary pursuant to these Terms and Conditions. Cointemporary reserves the right to amend these Terms and Conditions. In order to submit your offer, you will be required to effect a transfer of the stated BTC purchase price to Cointemporary.
As soon as reasonably possible, but not later than 7 working days from your order, Cointemporary will notify you by email about the confirmation of your purchase. Only upon receipt of this confirmation, the purchase agreement is concluded.
Cointemporary may refuse your purchase offer. In this case, Cointemporary will retransfer the received BTC purchase price to the BTC address that the original transfer to Cointemporary was effected from.
Please note that Cointemporary will use your original BTC address for all retransfers that may be required following your order. If you should loose the private key of your original BTC address, please contact Cointemporary immediately. Due to the nature of the BTC currency, Cointemporary is unable to reverse effected retransfers.
VAT and Custom Duty
The displayed prices on the website of Cointemporary are inclusive of applicable Austrian VAT. Austrian VAT applies to all deliveries to consumers within the European Union.
Deliveries to entrepreneurs outside Austria but within the EU are free of VAT if a valid VAT identification number is provided. You may enter your VAT identification number in the “VAT Number”-field during the checkout process and the Austrian VAT will be deducted from the BTC purchase price.
Deliveries outside the European Union are free of VAT, but you remain responsible for any taxation and customs duty that may apply in the destination country.
Shipping options depend on size, material, and location. Cointemporary will provide shipping of the artwork only if explicitly stated. In this case, the ordered artwork is getting shipped after the purchase confirmation within 30 (thirty) days by Post AG, parcel or carrier.
All other artworks must be collected from the address indicated with the work description by you or a shipping agency commissioned by you. Please make sure to collect the artwork or arrange for collection within ten days from the purchase confirmation. Cointemporary reserves the right to withdraw from the purchase agreement after giving you a warning notice if the artwork is not collected in time or to claim storage fees.
If Cointemporary provides shipping and the artwork is delivered with obvious damage to its packaging or its content, you shall refuse acceptance and immediately contact Cointemporary to enable Cointemporary to reserve its rights against the shipping service.
If you are a consumer, i.e. a natural person who entered into the purchase agreement for a purpose outside your trade, business or profession, you have the right to withdraw from this purchase without giving any reason.
The withdrawal period will expire after 15 (fifteen) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the good. In the case of a contract relating to delivery of a good consisting of multiple lots or pieces the withdrawal period begins to run with the physical possession of the last lot or piece.
To exercise the right of withdrawal you must return the artwork or inform Cointemporary about your decision to withdraw by an unequivocal statement (e.g. a letter sent by post or e-mail) stating your name, address and – if available – your phone-number within the withdrawal period. Therefor you may also use the model withdrawal form provided on the website of Cointemporary, but it is not obligatory. The withdrawal is to be addressed to Boot/Ruhry Projekte GmbH, Märzstraße 7, 1150 Vienna, Austria, or to email@example.com.
The withdrawal right does not apply to deliveries outside the European Union.
Consequences of Withdrawal
In case of a valid withdrawal, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side.
If and as far as you are unable or partially unable to restitute the artwork to Cointemporay or can only restitute the artwork in a deteriorated condition, you have to compensate Cointemporary for the value of the artwork. Please note that, due to the exceptional quality standards common in the field of fine arts, even minor marks or other deteriorations of an artwork may have a substantial impact on its commercial value.
The compensation of value of any deterioration or emolument taken does only apply if and as far as the deterioration or emolument is a result of your use of the artwork that exceeds an examination of the artwork‘s condition or mode of operation. Examination of the artwork‘s condition or mode of operation means testing and trying out the artwork as possible and common practice in a gallery. Please be advised that the examination of the artwork’s condition or mode of operation requires utmost care and diligence.
Artworks that can be shipped by parcel are to be returned on Cointemporary’s risk. The return shipment is free of charge for you. Please contact Cointemporary either by telephone on +1 (415) 712-6191 or by e-mail at firstname.lastname@example.org for arranging the shipment. Artworks that cannot be shipped by parcel will be picked up at Cointemporary’s expense.
All retransfers will be made in BTC to your original BTC address. If you should loose access to your original BTC address, please contact Cointemporary immediately. Due to the nature of the BTC currency, Cointemporary is unable to reverse effected retransfers. If you withdraw from this contract, Cointemporary shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Cointemporary), without undue delay and in any event not later than 14 days from the day on which Cointemporary is informed about your decision to withdraw from this contract, but Cointemporary is entitled to set-off.
Cointemporary may withhold reimbursement until Cointemporary has received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
For purchasers who are consumers in the sense of the consumer law, the legal warranty regulations apply. The warranty period is 24 months from receipt of artworks.
Regarding entrepreneurs the articles 377 ff of the Austrian Commerical Code (Unternehmensgesetzbuch – UGB) shall apply without restriction in the current version. For entrepreneurs the warranty period is one year from receipt of artworks.
By placing an order you agree that any personal data that you provide to Cointemporary can be collected, processed and used by and on behalf of Cointemporary in connection with the provision of products and services to you.
Cointemporary stores, processes and uses your IP-adress, your name, your address and payment details as well as any other data provided by you in relation to your order only. Cointemporary shall protect your personal data in accordance with the provisions of the Austrian Data Protection Act 2000 (Datenschutzgesetz 2000) and any other applicable laws.
Where necessary, your data will be forwarded to third parties for the purposes of fulfilling your order, e.g. for applicable necessary verification of creditworthiness or address only.
Choice of Law and Place of Jurisdiction
These Terms and Conditions and the purchase agreement are governed by the laws of Austria under exclusion of the Austrian laws on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies as far as it does not elude the obligatory rules of consumer protection in the state of your habitual residence.
If you reside outside the European Union and do not have a general place of jurisdiction within the European Union, the exclusive place of jurisdiction for all disputes arising out of or in connection with the purchase agreement is Vienna Inner City, Austria.
Should individual provisions of these Terms and Conditions become in full or in part invalid, the parties commit themselves to form a regulation which economically approximates the invalid regulation the closest. In the case of legal ineffectiveness of one or more provisions of this document the remaining provisions remain legally valid and binding.