On this website (www.simonaledl.com) siMONA Ledl offers a platform with information about her work as an artist and her artworks (hereinafter “information” and / or “content”) as well as direct contact options and options for ordering works of art. This information and content is freely accessible to everyone in accordance with these terms of use for private purposes. Users do not have to register to use this content, but they can do so if they want.

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website accessible at www.simonaledl.com (Platform) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract).

If separate conditions apply in addition to individual areas of the website, users are expressly advised of the relevant conditions for these areas. Such more specific conditions then take precedence over these terms of use for the use of such services. siMONA Ledl does not recognize any deviating conditions of the user unless siMONA Ledl has expressly agreed to their validity in writing. The user can call up and print out the applicable terms of use at any time using the “Terms of Use” link that can be accessed from any of the siMONA Ledl websites.

Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7 in Part A below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1 Rights to the content of the website and their use
  1. siMONA Ledl reserves all copyrights and other property rights on all pages of the website and their content. The content may only be used by users for their own personal, non-commercial purposes.
  2. Passing on the content of the website to third parties (even in extracts) is not permitted without our consent. It is forbidden to integrate and / or display or otherwise reproduce the website or its contents in a partial window (frame).
  3. Passing on the content of the website to third parties (even in extracts) is not permitted without our consent. It is forbidden to integrate and / or display or otherwise reproduce the website or its contents in a partial window (frame).
  4. It is forbidden to change and / or remove copyright notices and / or brand names and / or other information in the content.
  5. Any use of the content for commercial purposes is prohibited unless we have given written consent in individual cases.
  6. The establishment of a hyperlink to the website www.simonaledl.com is prohibited if the linked page contains, in addition to this link on the portal, morally offensive, violence-glorifying, racist and / or criminally relevant content.
  7. We reserve the right to terminate or restrict the website in whole or in part at any time. This includes free services and offers as well as any areas that require registration.
  8. siMONA Ledl assumes no responsibility for the content of linked external websites. In particular, siMONA Ledl does not guarantee that this content is true, that it fulfills a specific purpose or that it can serve such a purpose.
  9. If the user notices illegal or contractual content on the websites of www.simonaledl.com, he can report these violations using the contact form available on all siMONA Ledl websites.
2 Usage behavior
  1. You undertake to use siMONA Ledl lawfully. This means that you may only use our products in a way or for purposes that do not violate the terms of use or applicable Austrian law or violate the rights of third parties.
  2. The dissemination of information that is racist, pornographic, glorifies or belittles violence as well as immoral information via any of our communication channels is prohibited. The dissemination of information that affects or endangers children or young people in their development or upbringing or that violates human dignity or other legal interests protected by criminal law is also prohibited.
  3. Most of the information and content that is available to you in connection with the use of siMONA Ledl is the intellectual property of Simona Ledl and is protected by copyrights. By using all information that you receive, transmit (e.g. upload, download, file sharing) or otherwise use using the siMONA Ledl web services, you must not violate the copyright of the rights holder.
  4. You may not distribute unsolicited bulk mail (spam e-mails, junk e-mails) via the contact options on our website, even if these should not specifically violate any laws. You must ensure that your use of individual functions does not impair siMONA Ledl, other providers, networks or other third parties.
  5. If you culpably violate these conditions or applicable law, siMONA Ledl can take the necessary measures. In the case of minor violations, these can be limited to the indication that these conditions, statutory provisions or the duty of consideration have been violated. Serious violations can lead to the temporary or complete blocking of individual services or have legal consequences.
  6. Any action that is likely to impair the functionality of the siMONA Ledl infrastructure, in particular to overload it, as well as the use of mechanisms, software or scripts in connection with the use of siMONA Ledl, is prohibited by the user, as far as this is not necessary for the proper use of the services of siMONA Ledl. Copying by means of “robot / crawler” search engine technologies is e.g. B. not necessary for the proper use of the services of siMONA Ledl and therefore expressly prohibited.
  7. The user must note that by publishing content by e-mail, postings on the factory pages or in any other way, including all questions, comments, suggestions, functions, posts, reviews and other user contributions, siMONA Ledl is a non-exclusive, free of charge, perpetual, transferable, irrevocable and unrestricted sublicensable right to use the content in any form and in any media. This includes in particular the right of reproduction, distribution and transmission as well as the right to public reproduction, the right to make publicly available, the right to broadcast and the right to reproduce using video and audio carriers.
  8. Users under the age of 18 are prohibited from accessing the content of the website.
3 Purchase of artworks and prints directly from siMONA Ledl

3.1 Conclusion of contract

  1. siMONA Ledl offers visitors the opportunity to buy selected works of art and art prints directly from siMONA Ledl. Here the purchase is made directly from siMONA Ledl via the web shop set up on the website.
  2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
  3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
  4. We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched. The Contract between us and you will only be formed when we send you the Dispatch Confirmation.
  5. All orders sent are final and can only be changed or canceled after consultation with siMONA Ledl.
  6. The prices quoted by siMONA Ledl are final prices and include the statutory value added tax where applicable, but not packaging and shipping. All prices quoted for works of art and other goods are exclusive of shipping and packaging costs.
  7. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Platform as referred to in clause 17.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

3.2 Shipping and Delivery

  1. The dispatch takes place usually within 2-5 working days with the Austrian post.
  2. The shipping costs are specified in the order process.
  3. The Products will be your responsibility from the completion of delivery.
  4. You own the Products once we have received payment in full, including all applicable Delivery Charges.
  5. Customs fees may apply for orders from countries outside the EU. If you order Products from our Platform for delivery to an International Delivery Destinations import duties and taxes are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

3.3 Revocation, returns

  1. The buyer has a right to return all siMONA Ledl products produced in advance within 14 days for a full refund (excluding the shipping costs). If the buyer would like to return the item received, the buyer must return all items in an undamaged, absolutely new condition to the sender address given on the package. Customers have to pay for the return shipping costs.
  2. If the package reaches the customer in a damaged condition, the customer must immediately report the damage to the parcel delivery service (usually Austrian Post) upon acceptance and then report the damage to siMONA Ledl with a photo receipt in order to clarify how to proceed.
  3. The right of withdrawal or the right to return goods purchased online for a full reimbursement of the purchase price within 14 days does not apply to the customer in accordance with the EU directive for items that have been manufactured according to customer specifications and are in perfect condition to be delivered. This is particularly the case for artworks or art prints that siMONA Ledl produces personally for the customer according to the wishes of the customer (commissioned work or individualized products). For more info on commissions please read point 4 “purchase for commissioned works”.

3.4 Warranty

  1. The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order. Warranty claims due to these deviations are excluded.
  2. In any case, the warranty does not apply to damage caused by natural wear and tear, improper use, especially when unpacking the goods, and insufficient or incorrect care or storage. Artworks and printing materials must not be exposed to direct sunlight, either in whole or in part, not hung directly over heaters and not exposed to humidity that exceeds the level of normal living spaces. Artworks and printing materials are therefore not suitable for outdoor spaces, basements, bathrooms and kitchens. In addition, Artworks and printing materials are sensitive to scratches and stains and may therefore only be touched with gloves or comparable protection.
4 Purchase of commissioned works

4.1 Customer’s obligation :

  1. The customer (the “buyer”) will provide all necessary information (including images where applicable) in order for the artist to agree a timeline, a scope and a fixed price for the commissioned artwork. Once authorised, the buyer will stay in regular contact with the artist (Simona Ledl) until the transaction is completed. The customer agrees to accept the artwork as it is shipped (e.g. stretched/framed/rolled in a tube), in accordance with what has been agreed with the artist.
  2. The price agreed with the artist will not change once the deposit has been paid unless otherwise agreed between the customer and the artist.
  3. The buyer will pay an agreed amount, as a non-refundable initial deposit, at the commencement of the transaction at which point the customer commits to purchasing the final product provided all interim progress reports meet their approval. The customer will check and provide feedback on all progress updates from the artist. Continuing the exchange of messages with the artist may constitute approval of the progress under these terms, unless expressly stated in a timely manner in a communication to the artist.
  4. The customer will pay the final balance once the artwork has been completed. The buyer will forfeit the non-refundable deposit should they choose not to proceed with the order.
  5. The customer will respect the artist’s creative process, style and technique as part of the artistic process involved in the creation of the commission. The buyer will accept the artist’s freedom of expression in accordance with their practice. By paying the deposit the customer confirms that they base their decision to proceed with the commission on the artist’s body of work presented to the customer at the time of requesting the commission.
  6. You are not obliged to proceed with the commission until you have paid the deposit.

4.2 The artists’s obligation:

  1. Simona Ledl (“I”) act as artist for the commissioned order.
  2. I will work together with the customer to ensure the creative and financial aspect of the commission is carried out in a smooth and timely manner.

4.3 Returns & Disputes

  1. The customer waives any right to a return for a custom made product, including any framing if applicable. A return can only be accepted if the artwork arrives with the customer in an unsatisfactory state and then the normal returns procedure will apply and the customer will receive a full refund (exclusive shipping costs), including the initial deposit.
  2. If there is a dispute between the customer and the artist, regarding the final product meeting the initial criteria – the artist is under no obligation to create a second commissioned artwork if the customer is dissatisfied with the first.
  3. Should the artist delivers an artwork that clearly and significantly differs from the agreed brief, the customer can ask for a refund (exclusive the non-refundable initial deposit).
5 Limitation of Liability
  1. We are only liable for damage caused by the use or non-use of the information or the contact options offered on the siMONA Ledl website, regardless of what they result from, in the event of intent or gross negligence on the part of our legal representatives, employees or other vicarious agents. This applies accordingly in the event of a breach of pre-contractual or secondary contractual obligations, in the event of tort, as well as in the event of defects and consequential damage. The above regulation does not apply in the event of a breach of obligations that are essential for achieving the purpose of the contract.
  2. If we are liable, we are only liable to the extent that the damage was foreseeable. In these cases, our liability is limited to EUR 100 per case of damage. This limitation of liability does not apply if the damage is due to the fact that one of our legal representatives or executives acted willfully or with gross negligence or if another vicarious agent has intentionally or grossly negligently violated an obligation essential for achieving the purpose of the contract.
  3. siMONA Ledl is not liable for any damage caused by computer viruses when calling up or downloading data.
  4. siMONA Ledl expressly reserves the right to change, add to, or delete individual websites or the entire offer or to temporarily or permanently discontinue publication without prior notice.
  5. The exclusions or limitations of liability listed in the preceding paragraphs do not apply in the absence of any assurances given or in the event of damage due to injury to life, limb or health.
  6. The exclusions or limitations of liability according to this section apply accordingly to claims against companies affiliated with us as well as our legal representatives, executives and other vicarious agents.
6 Data protection
  1. We refer to our separate data protection declaration, in which the data processing is presented in more detail. The data protection declaration can be accessed at www.simonaledl.com/en/terms-of-use.
7 Other regulations
  1. Austrian law applies exclusively to these general terms of use and the relationship between the user and us.
  2. Should individual provisions of these terms of use be or become ineffective or incomplete, this shall not affect the legal validity of the remaining provisions. The ineffective or incomplete provisions are then to be replaced by legally effective provisions that fully or approximately achieve the economic purpose aimed at with the ineffective or incomplete provisions.
  3. We reserve the right to change these terms of use at any time with effect for the future

Last updated in February 2024