Legal Notice
Artist and Website operator:
Gulim Askar
Lustenauerstraße 7
4020 Linz
Austria
Email: gulim.askar@tuta.io
Artistic Activity
I create and sell my own original artworks.
VAT Information
Where applicable, I apply the Austrian small business VAT exemption (Kleinunternehmerregelung) pursuant to Section 6(1)(27) of the Austrian VAT Act (UStG). VAT is therefore not charged where the exemption applies.
Contact
For enquiries about my artworks, orders, delivery, or other matters, please contact me by email listed above. This website presents my original artworks and provides information on how to enquire about purchasing them.
How to Purchase
My website showcases original artworks created by me.
If you are interested in purchasing an artwork, please click the email link provided on the website and contact me directly. Your message is an enquiry and does not, by itself, create a purchase contract.
I will reply by email to confirm whether the artwork is available and provide the relevant details, including the price, shipping costs, estimated delivery time, and payment arrangements.
A purchase contract is concluded only after the details have been agreed individually by email and I have expressly confirmed acceptance of your order.
Payment instructions will be provided directly by email. No payment is collected through the website.
Terms and Conditions
1. Seller
The seller is Gulim Askar
2. Products
I sell original physical artworks. Each artwork is individually made and may have unique characteristics. Product descriptions, dimensions, materials, condition, and photographs are provided on the relevant artwork page where available.
Colours may appear slightly different depending on the screen and display settings.
3. Enquiries and Contract Formation
The website allows visitors to enquire about artworks by email. Sending an enquiry does not constitute a binding order or create a purchase contract.
Before a purchase contract is concluded, the buyer and seller will agree by email on the artwork, total price, shipping costs, delivery arrangements, and payment method.
A contract is concluded only when I expressly accept the order by email.
4. Prices and VAT
Prices are stated in euros (EUR). Any applicable shipping costs and the total amount payable will be communicated before the buyer agrees to the purchase.
Where the Austrian small business VAT exemption (Kleinunternehmerregelung) under Section 6(1)(27) UStG applies, VAT is not charged.
5. Payment
Payment instructions and the agreed payment method will be provided by email. Payment is not processed directly through this website.
6. Shipping and Delivery
Artworks are shipped from Austria. Shipping costs, the estimated delivery time, and the delivery method will be agreed by email before the contract is concluded.
Delivery times are estimates unless a specific delivery date has been expressly agreed.
7. Right of Withdrawal
Where the buyer is a consumer and the purchase qualifies as a distance contract under applicable law, the buyer generally has a statutory 14-day right of withdrawal, subject to legal exceptions.
Further information is provided in the Withdrawal and Returns Policy.
8. Legal Rights for Faulty or Non-Conforming Goods
Nothing in these Terms limits any mandatory consumer rights. Statutory remedies may apply if an artwork is faulty or does not conform to the contract.
9. Copyright and Intellectual Property
All artworks, photographs, and text on this website are protected by applicable intellectual property laws. Purchasing a physical artwork does not transfer copyright or grant permission to reproduce, distribute, or commercially use images of the artwork unless separately agreed in writing.
10. Applicable Law
Austrian law applies, subject to any mandatory consumer protection provisions that apply under the law relevant to the consumer.
Withdrawal and Returns Policy
If you purchase an artwork as a consumer under a distance contract, you generally have the right to withdraw within 14 days of receiving it, without giving a reason, unless a legal exception applies.
Withdrawal and Returns Policy
1. Statutory Right of Withdrawal
If you purchase an artwork as a consumer under a distance contract, you generally have the right to withdraw from the purchase within 14 days without giving a reason, unless a statutory exception applies.
2. How to Exercise the Right of Withdrawal
To exercise your right of withdrawal, send a clear statement of your decision via email. You may also use the model withdrawal form below, but it is not mandatory. You must send your withdrawal notice before the 14-day period expires.
3. Returning the Artwork
After notifying me of your withdrawal, you must send the artwork back without undue delay and no later than 14 days after notifying me.
Unless the law requires otherwise or I have agreed to cover them, you are responsible for the direct cost of returning the artwork, provided you were informed of this obligation before the purchase.
Please package the artwork securely. You may be liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the artwork.
4. Refunds
I will refund payments received, including standard outbound delivery costs where required by law. The refund will be made within 14 days of receiving your withdrawal notice. I may withhold it until I receive the artwork or proof that it has been sent back, whichever occurs first, as permitted by law. Refunds will normally be made using the original payment method.
5. Custom-Made or Personalised Artwork
The statutory right of withdrawal may not apply to goods made to the consumer's specifications or clearly personalised. The fact that an original artwork is unique or one of a kind does not, by itself, remove the right of withdrawal.
6. Faulty or Non-Conforming Artwork
This policy does not affect your statutory rights if an artwork arrives damaged or does not conform to the contract. Please contact me by email and describe the issue, including photographs where appropriate.
7. Model Withdrawal Form
To: Gulim Askar, Lustenauerstraße 7, top 2, 4020 Linz, gulim.askar@tuta.io
I hereby give notice that I withdraw from my contract of sale of the following goods:
Signature (only if this form is notified on paper)
Shipping and Delivery
All artworks are shipped from Austria.
Before a purchase contract is concluded, I will confirm the shipping method, shipping costs, and estimated delivery time by email.
Each artwork is packaged with care to help protect it during transport. Tracking information will be provided if available for the selected shipping method.
Delivery times are estimates and may be affected by the carrier (usually the austrian postal service) or circumstances outside my control.
If your artwork arrives damaged, please contact me as soon as reasonably possible and include photographs of the packaging and the damage. This does not affect your statutory consumer rights.
For deliveries outside the European Union, customs duties, import taxes, or other charges may apply. Unless otherwise required by law or agreed in writing, these charges are the buyer's responsibility.
Privacy Policy
1. Data Controller
I am responsible for processing personal data in connection with this website and enquiries about my artworks, subject to applicable data protection law.
2. Personal Data I May Receive
When you contact me by email about an artwork or a potential purchase, I may process the information you provide, such as your name, email address, message, the artwork you are interested in, and information needed to discuss or fulfil a purchase.
If a purchase is agreed, I may also process the name, postal address, payment-related information, and other details necessary to arrange payment, shipping, accounting, and legal compliance.
3. Purposes and Legal Bases
I process personal data only where necessary for purposes such as:
The applicable legal basis depends on the specific processing activity and may include Article 6(1)(b), (c), or (f) of the GDPR.
4. Website Technology and Service Providers
The website uses Sanity as its content management system. The website may also rely on hosting, technical delivery, and email providers to operate and communicate with visitors.
The relevant providers, the data they process, and any international transfers must be identified based on the actual website configuration and applicable provider terms.
I do not collect payments directly through this website. Payment arrangements for a purchase are communicated individually by email.
5. Data Retention
Personal data is kept only for as long as necessary for the relevant purpose and for any additional period required by applicable law, including accounting and tax retention requirements.
6. Your Rights
Subject to the conditions under the GDPR, you may have the right to request access to your personal data, rectification, erasure, restriction of processing, data portability, or to object to certain processing.
You also have the right to lodge a complaint with the competent data protection supervisory authority. In Austria, this is the Austrian Data Protection Authority (Datenschutzbehörde).
7. Cookies and Technical Data
The website may process technical data necessary to deliver and secure the website. Whether cookies or similar technologies are used, and whether consent is required, depends on the actual website configuration.
This section must be updated to reflect the cookies, analytics, embedded content, and other technologies actually used on the website.
8. Contact
I handle enquiries personally. Please include the title or a link to the artwork you are interested in, if applicable.