T&Cs

1.  What are Terms & Conditions?

1.1 These General Terms and Conditions define the conditions under which the company (company name: Fresh Ceramics GmbH, trading name Fresh Ceramics, “the Studio” or “the Company”) provides its services. Services include:

  • painting ceramics in the studio,

  • painting ceramics at home,

  • offering courses, workshops and events,

  • Open Studio,

  • gift cards,

  • providing firing services, and

  • purchasing finished products in the Fresh Ceramics shop.

All services and offers are provided exclusively on the basis of these Terms and Conditions. Any terms and conditions of customers that conflict with or deviate from these Terms and Conditions shall not be recognized unless we have expressly agreed to their validity. The Company’s performance of contractual obligations shall not be deemed acceptance of any deviating contractual terms. These Terms and Conditions shall also apply as a framework agreement for all future legal transactions between the contracting parties.

1.2 Please read these Terms and Conditions carefully and make sure you understand them. If you do not agree to them, you may not become a customer of Fresh Ceramics.

1.3 The Company may amend these Terms and Conditions at any time. If you continue to use our services after changes have been made and communicated to you, you agree to be bound by those changes.

1.4 You can view the current version of our Terms and Conditions at any time by clicking the “Terms & Conditions” link at the bottom of the Fresh Ceramics website (www.freshceramics.at). It is your responsibility to ensure that you are familiar with the current terms. We therefore recommend checking this link regularly.

1.5 Definitions

“Company” or “Fresh Ceramics” refers to Fresh Ceramics GmbH, trading name Fresh Ceramics.

  • “Studios” refers to the Vienna studio locations at Westbahnstraße 18, 1070 Vienna, Austria and Altgasse 20, 1130 Vienna.

  • “Terms and Conditions” refers to these Terms and Conditions.

  • “Customer” refers to any person who uses a service or purchases a product for a fee.

  • “Courses and Workshops” refers to any organized course for which a fee is charged.

  • “Course and Workshop Participants” refers to any customer who pays for a course or workshop.

  • “Firing Service” refers to the service where ceramic pieces are fired in professional kilns at various temperatures for a fee.

  • “Open Studio” refers to the co-working space rented by customers for a limited time after payment.

  • “Fresh Ceramics Shop” refers to the physical stores at both Vienna locations offering tools, clay, kits and ceramic pieces.

  • “Online Shop” refers to www.freshceramics.at/shop/

  • “Week” refers to Monday to Saturday.

  • “Usage Month” refers to 4 calendar weeks.

 

2. General

2.1 Each customer declares that all provided information is true and correct. Customers must inform the Company of any changes to phone number or email.

2.2 The Company reserves the right to refuse entry to the studio.

2.3 Except for children’s courses, children aged 3–14 may only use the studio or attend courses if accompanied by a parent or an authorized adult who must also be a paying customer.

2.4 To the extent permitted by law, Fresh Ceramics (including its managing directors, employees, contractors and other agents or representatives) shall not be liable for property damage or financial loss caused by slight negligence, irrespective of whether such damage is direct or indirect, including but not limited to loss of profit, consequential damages, damages resulting from delay, impossibility of performance, breach of contractual obligations, fault in the conclusion of the contract, or defective or incomplete performance. The burden of proving gross negligence shall rest with the injured party. To the extent that the liability of Fresh Ceramics is excluded or limited, such exclusion or limitation shall also apply to the personal liability of its managing directors, employees, contractors and other agents or representatives.

2.5 Personal belongings are brought into the studio at the customer’s own risk. No liability is assumed.

2.6 All information published by Fresh Ceramics in printed publications and on its website is prepared with due care and to the best of its knowledge. However, Fresh Ceramics accepts no liability for the accuracy, completeness or currency of such information unless caused by wilful misconduct or gross negligence.

2.7 Fresh Ceramics does not guarantee any particular learning outcome and shall not be liable for any specific individual results achieved by participants attending its courses or workshops.

2.8 All ceramic pieces must be marked on the underside with the Customer’s initials or another identifying mark. Ceramic pieces that are not marked will be donated by the Studio staff after a specified storage period.

2.9 Despite exercising all reasonable care, Fresh Ceramics accepts no responsibility for the loss of or damage to ceramic pieces. The Studio shall not be liable for any unsuccessful firing results or defects arising from the firing process.

3. General and Special Provisions

3.1 Painting Ceramics (General)

When painting pre-fired bisque ware, the general Studio Rules shall apply. Customers must comply with all instructions given by Fresh Ceramics staff at all times.

Unless otherwise agreed, painted ceramic pieces shall be completed by Fresh Ceramics staff within eight (8) days.

Painted ceramic pieces will remain on the Studio collection shelves for up to six (6) weeks after the Customer’s visit. Thereafter, due to limited storage capacity, they will be transferred to storage boxes. Until the pieces are transferred to storage, Fresh Ceramics is responsible for their completeness and condition. After this point, Fresh Ceramics can no longer guarantee their completeness or condition. At the end of each calendar year, all ceramic pieces remaining from the previous year will be donated.

Customers may also request that their finished ceramic pieces be shipped to them. The applicable shipping fee is available upon request and is also set out in the FAQs on the Fresh Ceramics website. Fresh Ceramics will package all items with reasonable care; however, the Studio shall not be liable for any loss, damage or breakage occurring during shipment.

 

3.2 Painting Ceramics in the Studio

The purchase of bisque ware at the Fresh Ceramics Studio includes the following services:

  • paints for coloring the selected ceramic piece;
  • one coat of transparent glaze to seal the painting;
  • one glaze firing at 1040°C in a professional ceramic kiln;
  • the use of all necessary tools, including brushes, sponges and banding wheels;
  • a workstation at the Fresh Ceramics Studio for the following duration:
    • Monday to Sunday: two (2) hours.

If bisque ware is broken or otherwise damaged during the Customer’s booked Studio session, the full retail price of the damaged item shall be payable.

 

3.3 Painting Ceramics at Home

The purchase of bisque ware for home painting includes the following services:

  • one coat of transparent glaze to seal the coloration; and
  • one glaze firing at 1040°C in a professional ceramic kiln.

Painted ceramic pieces may be returned to the Studio for glazing and firing during Fresh Ceramics’ regular opening hours.

 

3.4 Courses and Workshops

For the purposes of these Terms and Conditions, “Courses and Workshops” means any organised educational programme for which a participation fee is charged. Participants may use the Fresh Ceramics facilities only during the scheduled course or workshop sessions.

Places in Fresh Ceramics courses and workshops may be booked through our website using the online booking system. By completing a booking, the participant is deemed to have irrevocably accepted these General Terms and Conditions. Bookings are processed on a first-come, first-serve basis.

Course, workshop and event fees (collectively referred to as the “Course Fees”) are published on the Fresh Ceramics website (www.freshceramics.at). Fresh Ceramics does not guarantee the accuracy of the published Course Fees, which may vary in individual cases.

In the event of overdue payments, Fresh Ceramics will issue two payment reminders requesting settlement of the outstanding amount. An administration fee of €7.00 shall be charged for each reminder. If the outstanding balance is not paid within the deadline specified in the second reminder, the claim may be referred to a debt collection agency. Any resulting costs shall be borne entirely by the participant. In such cases, the participant shall not be entitled to continue attending any booked but unpaid course, workshop, event or Co-Making session.

Course and workshop sessions offered by Fresh Ceramics may vary in duration.

If a course or workshop session cannot take place due to the unavailability of the instructor, Fresh Ceramics will, where reasonably possible, arrange a replacement session at no additional charge. Alternatively, Fresh Ceramics reserves the right to appoint a substitute instructor. If neither a replacement session nor a substitute instructor can be provided, the Course Fees shall be refunded on a pro rata basis corresponding to the cancelled sessions.

Fresh Ceramics reserves the right to cancel any course that does not reach the required minimum number of participants or for any other operational reason. If a course is cancelled by Fresh Ceramics, participants shall receive either a full refund of the Course Fees or, by mutual agreement, an alternative course date. Refunds will be made either by bank transfer to an account nominated by the participant or, where applicable, through the online booking system.

If the course location is changed, participants may only withdraw from the booking if attendance at the new location would be unreasonable due to travel time. Any course location within the Vienna metropolitan area that is accessible by Vienna’s public transport system (Wiener Linien) shall be deemed reasonable. A change of instructor, including due to illness or other unavailability, shall not constitute grounds for extraordinary cancellation.

Ceramic pieces created during pottery throwing or hand-building courses will be available for collection from three (3) weeks after the final course session. Glazed course pieces will remain on our collection shelves for six (6) weeks. Thereafter, they will be transferred to monthly storage boxes due to limited storage capacity, after which Fresh Ceramics can no longer guarantee their completeness or condition.

Bisque-fired pieces from courses or Open Studio sessions that still require glazing will be stored for three (3) months. If a Customer is unable to glaze a piece within this period for personal reasons, the piece must be collected before the storage period expires and brought back to the Studio for the glazing appointment.

 

3.5 Children’s Courses

Children between the ages of three (3) and six (6) must attend together with an accompanying adult. The child and the accompanying adult will work on the ceramic project together. No sharp tools or hazardous objects will be used during these courses. Nevertheless, should the child or the accompanying adult sustain an injury, Fresh Ceramics shall not be liable.

The duration of each children’s course depends on the specific course booked. Current course schedules and durations are available on our website at freshceramics.at.

The following services are included in the course fee:

  • clay for the pieces included in the respective course (the quantity varies depending on the booked course);
  • one bisque firing at 960°C in a professional ceramic kiln;
  • glazing of the finished pieces with transparent glaze by a Fresh Ceramics staff member;
  • one glaze firing at 1200°C in a professional ceramic kiln;
  • use of the necessary tools; and
  • a workstation in the Studio for the duration of the course.

Each additional ceramic piece produced during the course will be charged at €12.00.

Children must also comply with all instructions given by Fresh Ceramics staff.

 

3.6 Online Gift Cards

Online Gift Cards may be purchased through the Online Shop. During the purchase process, Customers are required to provide certain personal data.

Online Gift Cards do have a validity period of 30 years.

All Online Gift Card purchases are final. Gift Cards cannot be refunded or redeemed for cash.

 

3.7 Course Gift Cards

Course Gift Cards are available as physical gift cards. They may be purchased during the opening hours of the Fresh Ceramics Studios or ordered through the Online Shop.

Course Gift Cards include a price guarantee valid for one (1) year from the date of purchase. After this period, Fresh Ceramics cannot guarantee that the course for which the Gift Card was originally purchased will still be available at the same price. However, the monetary value of the Gift Card remains valid for 30 years and may be redeemed towards the selected course or any other eligible course offered on our website.

To redeem a Course Gift Card, a course place must first be booked through the website using the online booking system. During the booking process, Customers may enter the Gift Card code. Each Gift Card contains a unique code corresponding to the prepaid value, which will be deducted from the booking total.

All Gift Card purchases are final. Gift Cards cannot be refunded or redeemed for cash.

The general booking and cancellation provisions set out in Section 4.1 also apply when redeeming Course Gift Cards.

 

3.8. Loss of a piece

3.8.1. If a ceramic piece cannot be located after the agreed collection date has passed, the incident will be documented internally. The customer will be informed of the status within two (2) weeks from the time the item is identified as missing, either by phone or email.

3.8.2. Fresh Ceramics shall only assume responsibility for locating or compensating the loss of a ceramic piece if all of the following conditions have been fulfilled by the customer:


a) A photo of the finished piece exists and the piece is clearly labeled on its underside or, if labeling was not possible at the time of signing, on a signature slip provided by Fresh Ceramics.

b) The piece is clearly marked with the customer’s full last name, as well as the date and a glaze stamp.

c) The agreed production and collection period has fully elapsed.

d) The agreed collection deadline has been complied with.

3.8.3. In cases of insufficient or unclear labeling, in particular where only initials, first names, or other non-unique identifiers are used, any liability for loss shall be excluded.

3.8.4. If the ceramic piece cannot be located within two (2) weeks following the notification in accordance with paragraph (1), the customer shall receive compensation in the form of a voucher for a “Clay Time” session including 500 grams of clay.

3.8.5. The voucher is transferable, redeemable at both studio locations, and valid for three (3) months from the date of notification. Redemption requires prior booking via the website at no charge and presentation of the voucher on-site on the day of the visit.

 

 

4. Cancellation Policy

As a general rule:

  • Bookings and tickets are not personal to the original purchaser. If a participant is unable to attend a booked course, the booking can be transferred to another person.
  • In the event of a “no-show,” 100% of the course fees will be retained.

4.1. Rescheduling and Cancellation of Standard Courses (One- or Two-Part Hand-Building and Pottery Throwing Courses)

Bookings for 1–4 Participants

  • Cancellation / Refund: Permitted within twenty-four (24) hours of receiving the booking confirmation.
  • Rescheduling: Permitted once only up to twenty-four (24) hours before the scheduled course begins.

Bookings for 5–9 Participants

  • Cancellation / Refund: Permitted within twenty-four (24) hours of making the booking.
  • Rescheduling: Permitted once only up to seven (7) days before the first course session.

Bookings for 10 or More Participants

  • Cancellation / Refund: Permitted within twenty-four (24) hours of making the booking.
  • Rescheduling: Permitted once only up to fourteen (14) days before the first course session.

Booking changes may only be made once and must be completed by the Customer using the link contained in the booking confirmation email, which is automatically sent when the booking is completed.

4.2. Rescheduling and Cancellation of Pottery Painting and Clay Time Bookings

Free Bookings (up to 4 Participants)

Rescheduling and cancellation are permitted free of charge at any time before the booked session.

Paid Bookings (5 or More Participants)

  • Cancellation or full/partial refund: Permitted up to seventy-two (72) hours before the scheduled session.
  • Rescheduling: Permitted once only up to twelve (12) hours before the scheduled session.

 

4.3. Rescheduling and Cancellation of Private Courses and Team Events

  • Full cancellation / refund: Permitted up to two (2) months (eight weeks) before the scheduled event date.
  • Rescheduling: Permitted once only up to four (4) weeks before the scheduled event date, subject to availability.

Where a cancellation or rescheduling request is made less than four (4) weeks before the scheduled event date, the following cancellation charges shall apply:

  • 2–4 weeks before the event: 50% of the total booking price is payable.
  • Less than 2 weeks before the event: 100% of the total booking price is payable.

If participants fail to attend without prior notice, the booking will be charged based on the originally confirmed number of participants.

Applicable cancellation charges shall remain payable even if the course or event fee has not yet been paid, or has only been paid in part.

Events held at Fresh Ceramics must be paid for in advance. Bookings and reserved places are non-transferable and may not be exchanged for other products or services offered by Fresh Ceramics.

Requests relating to cancellations or changes to Private Courses or Team Events must be submitted by email to:

teamevents@freshceramics.at

 

4.4. Rescheduling and Cancellation of Courses Lasting Five (5) Days or More

(Including Summer Camps, 5-Week Courses, 9-Week Courses, Intensive One-Week Courses and Clay Club Explorers.)

Bookings for 1–4 Participants

  • Cancellation / Refund: Permitted within twenty-four (24) hours of making the booking.
  • Rescheduling: Permitted once only up to fourteen (14) days before the first course session.

Booking changes may only be made once and must be completed by the Customer using the booking link contained in the automatic booking confirmation email.

Bookings made within fourteen (14) days before the course start date are final and cannot be cancelled, refunded or rescheduled.

 

4.5. Rescheduling and Cancellation of Three-Day Courses

  • Cancellation / Refund: Permitted within twenty-four (24) hours of making the booking.
  • Rescheduling: Permitted once only up to seven (7) days before the first course session.

Booking changes may only be made once and must be completed by the Customer using the booking link contained in the automatic booking confirmation email.

Bookings made within seven (7) days before the course start date are final and cannot be cancelled, refunded or rescheduled.

 

4.6. Rescheduling and Cancellation of Open Studio Bookings

  • Cancellation / Refund: Permitted up to seventy-two (72) hours before the scheduled session.
  • Rescheduling: Permitted once only up to twelve (12) hours before the scheduled session.

Booking changes may only be made once and must be completed by the Customer using the booking link contained in the automatic booking confirmation email.

 

5. Firing Service

5.1. Only authorised Fresh Ceramics staff members are permitted to enter the kiln room, load or unload kilns, programme firing schedules, or operate the kilns. Customers using the Kiln Firing Service are required to read and comply with all Fresh Ceramics health and safety instructions displayed in the Studio.

5.2. Despite exercising all reasonable care, Fresh Ceramics accepts no responsibility for the loss of or damage to ceramic pieces. Fresh Ceramics reserves the right to refuse to fire any item which, in the opinion of the Fresh Ceramics team, may damage the kilns or any other ceramic pieces being fired. The Studio shall not be liable for any unsuccessful firing results or defects arising from the firing process.

5.3. The Kiln Firing Service must be paid for in person and in advance during the Studio’s opening hours. Current prices are available from Studio management or may be viewed online. Charges are calculated on a per-kilogram basis.

5.4. Kiln firings are carried out only once a kiln contains a sufficient number of ceramic pieces. The decision as to when a kiln is ready for firing rests solely with Fresh Ceramics staff.

Where Customers require urgent firing, an entire kiln may, subject to prior agreement with management, be reserved for an agreed fixed fee.

Depending on Studio occupancy and the operational demand for kiln capacity, the time required to complete a firing may vary. Fresh Ceramics accepts no liability for delays or extended waiting times.

5.5. Individual firing temperatures cannot be accommodated during shared kiln firings, as firing schedules are designed to achieve the best overall results for the most commonly used clays and glazes.

Customers may reserve an entire kiln and agree upon a customised firing schedule for that firing. In such cases, Customers must provide accurate information regarding the clay bodies and glazes used for each ceramic piece.

Where deemed necessary by Fresh Ceramics, Customers may be required to carry out clay and glaze tests to ensure the safety of the kiln and neighbouring ceramic pieces.

5.6. Ceramic pieces must be properly prepared before glaze firing. Customers who are unsure how to prepare a piece for firing are requested to seek assistance from a Fresh Ceramics staff member before submitting the item.

5.7. Any ceramic pieces not collected within three (3) months will be donated. Fresh Ceramics shall bear no responsibility or liability for ceramic pieces disposed of in accordance with this provision.

5.8. If these Terms and Conditions are not complied with, the Customer shall be liable for any damage caused by their ceramic pieces to Fresh Ceramics kilns, kiln shelves or other equipment, and shall reimburse Fresh Ceramics for all resulting repair and/or replacement costs.

 

6. Handmade Ceramics Sales

6.1. The following provisions apply exclusively to finished products sold by Fresh Ceramics in its retail shops located at Westbahnstraße 18, 1070 Vienna, and Altgasse 20, 1130 Vienna. These provisions do not apply to ceramic pieces created by Customers during courses, workshops or Studio sessions.

6.2.If a Customer of the Fresh Ceramics Shop considers a purchased product to be defective, and a member of the Fresh Ceramics team confirms that assessment, Fresh Ceramics will, at its discretion, either replace the item or the defective part, or refund the purchase price in full.

Except as expressly provided in these Terms and Conditions or otherwise agreed by a Fresh Ceramics staff member, Fresh Ceramics does not offer refunds or exchanges in any other circumstances.

6.3. Fresh Ceramics offers a thirty (30) day return policy. If more than thirty (30) days have passed since the date of purchase, no refund or exchange can be provided.

To qualify for a return or exchange, the item must be unused and returned in the same condition in which it was purchased.

6.4. To return or exchange an item, the Customer must either:

return it in person during Studio opening hours together with valid proof of purchase to: Fresh Ceramics Studio, Westbahnstraße 18, 1070 Vienna or Fresh Ceramics Studio, Altgasse 20, 1130 Vienna or return it by post to one of the above addresses.

The Customer is responsible for all return shipping costs. Shipping charges are non-refundable.

Where an item with a value exceeding €75.00 is returned by post, Fresh Ceramics recommends using a tracked shipping service and/or purchasing transport insurance.

Fresh Ceramics does not guarantee receipt of returned goods. The Customer remains fully responsible for the returned goods until they have been received by Fresh Ceramics. Fresh Ceramics cannot issue refunds for items that are damaged during return transport.

6.5. Ceramic products are inherently fragile. Fresh Ceramics does not provide refunds or exchanges for ceramic items that have been damaged or broken after purchase.

6.6. Fresh Ceramics makes every reasonable effort to display and describe all products offered for sale as accurately as possible. However, as all products are handmade, slight variations in colour, shape, texture and appearance are natural and should be expected.

 

7. Right of Withdrawal

For bookings of courses, workshops, events, studio sessions and other leisure activities that are scheduled for a specific date or specific period, there is no statutory right of withdrawal pursuant to § 18 para. 1 no. 10 FAGG (Austrian Distance and Off-Premises Contracts Act). Accordingly, the statutory 14-day withdrawal period does not apply to such bookings. Any cancellation, rebooking or postponement of a booking is therefore governed exclusively by the cancellation and rebooking conditions set out in these Terms and Conditions.

For contracts that are not covered by the above exception, any statutory right of withdrawal remains unaffected.

 

8. Online Shop Terms

The prices are stated in EURO, plus packaging costs, the statutory Value Added Tax applicable in Austria and, in the case of export deliveries, customs duties, fees and other public charges. VAT-exempt intra-Community deliveries are only available to traders upon provision of a valid VAT Identification Number. Until all outstanding claims against the Customer have been settled in full, the delivered goods shall remain the property of Fresh Ceramics. Where Fresh Ceramics replaces goods under warranty, the Customer shall return the goods originally supplied without undue delay.

As a general rule, goods ordered by end customers shall only be dispatched against advance payment. The delivery and shipping costs per shipment may be requested in advance. The goods shall be delivered from the warehouse to the delivery address specified by the Customer at the Customer’s expense and risk. The risk shall pass to the Customer as soon as the delivery has been handed over by Fresh Ceramics or a person authorised by Fresh Ceramics to the carrier, including where partial deliveries are made. Any information regarding delivery periods is non-binding.

Return shipping costs for packages that cannot be delivered or that are not accepted within the specified time frame must be paid by the recipient and will be billed upon receipt of the returned package.

Fresh Ceramics shall supply the goods ordered by the Customer or the services following acceptance of the offer. Should Fresh Ceramics subsequently discover that, for example, an error has occurred in relation to a product, a price or a delivery, Fresh Ceramics shall inform the Customer thereof without undue delay. The Customer may then confirm the order once again under the amended conditions. Otherwise, Fresh Ceramics shall be entitled to withdraw from the contract. Fresh Ceramics enters into contracts only with customers, entrepreneurs and legal entities under public law having their registered office in Austria and in a Member State of the European Union.

The following General Terms and Conditions shall apply to all personal, written, electronic (Internet, new media) and telephone orders in the version valid at the time the order is placed and shall be deemed accepted by the Customer with every order. Any terms and conditions of the Customer deviating from these General Terms and Conditions shall not be recognised unless Fresh Ceramics has expressly agreed to their validity in writing. No liability shall be accepted for the accuracy or completeness of the content published on the Fresh Ceramics website. The contract for an offered item or service shall be concluded without any declaration to the Customer who submitted the contractual offer, solely by the actual performance of Fresh Ceramics. The Customer waives the right to receive a declaration of acceptance pursuant to Section 864 of the Austrian Civil Code (ABGB). The Customer shall be informed of the acceptance of an offer to conclude a contract either by a confirmation issued by Fresh Ceramics or, at the latest, by execution of the delivery of the ordered goods or by offering or providing the service. In the case of distance-selling contracts, the Customer may withdraw from the concluded contract within fourteen (14) days after receipt of the goods by sending a written notice of withdrawal. It shall be sufficient if the notice of withdrawal is dispatched within this period.

The Customer is obliged to return the goods without undue delay. The costs of return shipment (postage) shall be borne by the Customer unless incorrect or defective goods have been supplied. The Customer may also exercise this right of withdrawal by returning the goods to Fresh Ceramics within fourteen (14) days after receipt without stating any reason. In this case, timely dispatch of the goods shall be sufficient to comply with the deadline. A condition for the return of the goods is that the goods have not been damaged or used and that the return shipment is sufficiently prepaid. Fresh Ceramics shall bear the costs of return shipment (postage) only in the event of an incorrect or defective delivery. The risk of shipment and proof thereof shall be borne by the Customer.

If the supplier of Fresh Ceramics, despite a contractual obligation, is no longer able to supply the ordered goods to Fresh Ceramics, Fresh Ceramics may either offer or supply goods or services of equivalent quality and price or withdraw from the contract.

The Company endeavours to depict and describe the products offered for purchase as accurately as possible. However, as the goods are handmade products, they may vary slightly in shape and colour. Fresh Ceramics warrants that the products, at the time of dispatch or handover in our shop, are free from defects that eliminate or reduce their value or suitability for ordinary use. An insignificant reduction in value or suitability shall be disregarded. The Customer shall inspect the goods immediately upon receipt for completeness and any defects, and no later than one week after receipt. In the event of any discrepancy, the Customer shall immediately submit a notice of defects. Hidden defects must be reported immediately after their discovery within the warranty period. Compensation for damages shall be governed by Section 933 of the Austrian Civil Code (ABGB). Fresh Ceramics shall not be liable for damage that has not occurred to the delivered goods themselves; in particular, Fresh Ceramics shall not be liable for loss of profit or any other financial loss suffered by the Customer. No warranty shall be provided for defects resulting from improper use or excessive wear caused by the Customer. Fresh Ceramics shall be liable, in cases of positive breach of contractual obligations, culpa in contrahendo, delay, impossibility, tort or any other legal ground, only in cases of wilful misconduct or gross negligence. The same shall apply to consequential damage resulting from defects. Indirect damage (third-party damage) is generally excluded.

Where the liability of Fresh Ceramics is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. Where Fresh Ceramics breaches an essential contractual obligation, liability for property damage or personal injury shall be limited to the damage typically arising.

Neither data processing systems nor computer software operate entirely without errors according to the current state of the art. Accordingly, Fresh Ceramics cannot technically guarantee completely error-free operation of its online shop at all times. In addition, there are the inherent uncertainties of the Internet itself. Fresh Ceramics shall therefore not be liable for any damage resulting from the fact that purchase offers submitted by Customers may not be received or considered by Fresh Ceramics due to technical defects. The foregoing provisions set out the full extent of the liability of Fresh Ceramics. Any further liability is excluded.

The legal relationship between Fresh Ceramics and its Customers, as well as these General Terms and Conditions, shall be governed by Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1988 is excluded.

Fresh Ceramics warrants that Customer data collected in connection with orders shall be collected, processed, stored and used only in connection with the processing of the order and shall only be passed on to affiliated companies for the purpose of processing the order. Fresh Ceramics shall not use or disclose Customer data beyond the scope described above. The Customer may request the deletion of their data at any time.

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the applicable legal provisions (GDPR, TKG 2003). In this Privacy Notice, we inform you about the most important aspects of data processing in connection with our website. If you contact us by means of a form on the website or by email, the data you provide will be stored by us for twelve (12) months for the purpose of processing your enquiry and in the event of follow-up questions. We will not disclose these data without your consent. Please note that, for the purpose of facilitating the purchasing process and the subsequent performance of the contract, the online shop operator stores the IP address of the connection owner by means of cookies, as well as the purchaser’s name, address and payment details. The data provided by you are required for the performance of the contract or for carrying out pre-contractual measures. Without these data, we cannot conclude the contract with you. No data will be transferred to third parties, with the exception of the transfer of credit card data to the processing banking institutions/payment service providers for the purpose of debiting the purchase price, to the transport/shipping company commissioned by us for the delivery of the goods, and to our tax adviser for the fulfilment of our obligations under tax law. If the purchasing process is abandoned, the data stored by us will be deleted. In the event that a contract is concluded, all data arising from the contractual relationship will be stored until expiry of the retention period required under tax law (7 years). The data relating to name, address, purchased goods and date of purchase will furthermore be stored until expiry of the product liability period (10 years). Data processing is carried out on the basis of the statutory provisions of Section 96(3) of the Austrian Telecommunications Act (TKG) and Article 6(1)(a) (consent) and/or Article 6(1)(b) (necessary for the performance of a contract) of the General Data Protection Regulation (GDPR).

The website freshceramics.at uses so-called cookies. These are small text files that are stored on your device by means of your browser. They do not cause any damage. We use cookies in order to make our website more user-friendly. Some cookies remain stored on your device until you delete them. They enable us to recognise your browser on your next visit. If you do not wish this to happen, you can configure your browser so that it informs you whenever cookies are set and allows them only in individual cases. Disabling cookies may limit the functionality of our website. Your IP address is recorded but immediately pseudonymised (e.g. by deleting the last eight bits). As a result, only approximate localisation is possible. You are generally entitled to the rights of access, rectification, erasure, restriction of processing, data portability, withdrawal of consent and objection. If you believe that the processing of your data infringes data protection law or that your rights under data protection law have otherwise been violated in any way, you may lodge a complaint with the supervisory authority. In Austria, this is the Austrian Data Protection Authority.

You can contact us using the following contact details:

Fresh Ceramics

Studio Neubau
Westbahnstraße 18
A-1070 Vienna

Telephone: +43 676 7571835

The Customer shall have no right of set-off or retention unless the claim is undisputed or has been finally determined by a court of law. The Customer’s rights pursuant to Section 1052 of the Austrian Civil Code (ABGB) shall remain unaffected.

The place of performance for both delivery and payment shall be the registered office of Fresh Ceramics, Westbahnstraße 18, 1070 Vienna, Austria.

The exclusive place of jurisdiction shall be Vienna or any other statutory place of jurisdiction at the option of Fresh Ceramics, provided that the Customer is a merchant within the meaning of the Austrian Commercial Code (HGB) or a legal entity under public law.

Should individual provisions of this Agreement be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement.

In such event, the parties undertake to agree upon a valid provision in place of the invalid provision which, to the extent legally possible, comes closest to achieving the economic purpose pursued by the invalid provision, taking into account the interests of the parties expressed in this Agreement.

The same shall apply if this Agreement contains a gap that was not foreseen by the parties.

 

9. Damages

9.1. The inventory, premises, media and equipment of the Fresh Ceramics Studio must be used and handled with due care. Any damage must be reported immediately.

9.2. Course and workshop participants shall be liable for all damage caused by them and shall be required to compensate Fresh Ceramics accordingly.

 

10. Data Protection

10.1. Fresh Ceramics takes the protection and security of personal data seriously. Personal data are processed in accordance with the General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG 2018) and the Austrian Telecommunications Act (TKG). Further information can be found in the Fresh Ceramics Privacy Policy.

 

11. Copyright

11.1. The contents of all scripts, documents and materials provided are protected by copyright and are intended exclusively for the personal use of Fresh Ceramics Customers. Any further use, in particular the storage, reproduction, translation, adaptation, processing or any form of commercial use, as well as disclosure to third parties – whether in whole, in part or in amended form – is prohibited without the prior consent of the respective copyright holder.

11.2. All images, graphics and texts published on the Fresh Ceramics website (www.freshceramics.at) and in any Fresh Ceramics publication or advertising material are protected by copyright. Any reproduction, modification, publication or other use is permitted only with the express written permission of Fresh Ceramics.

11.3. Participants undertake to indemnify and hold Fresh Ceramics harmless against any claims arising from infringements of copyright committed by the participant.

 

12. House Rules, Health, Safety and Cleaning

12.1. All Customers must comply with the Studio Rules at all times. These may be amended from time to time and should therefore be consulted regularly. Fresh Ceramics Customers undertake to follow all instructions issued by Studio staff to ensure the safe and efficient operation of the Studio.

12.2. Course and workshop participants use the Fresh Ceramics Studio entirely at their own risk and acknowledge the risks associated with a workshop environment, including, but not limited to, the use and handling of sharp tools and objects, potentially hazardous materials, the processing of such materials and the associated risks of inhaling silica dust.

12.3. Every course and workshop participant must read and comply with the applicable Health and Safety Information. In addition, all Customers and members must comply at all times with all health and safety instructions issued by Fresh Ceramics and its Studio staff.

12.4.Customers must use the main entrance when entering or leaving the Studio. In the event of fire, Customers must leave the Studio immediately via the nearest available emergency exit.

12.5. Smoking is strictly prohibited throughout the Studio.

12.6. All course and workshop participants undertake to spend at least twenty (20) minutes cleaning the Studio at the end of each session. Clay and glaze dust are harmful if inhaled and must not be left within the Studio. All workstations, including the surrounding floor area, must be thoroughly cleaned after use.

 

13. Legal Form

13.1. Fresh Ceramics GmbH (trading as Fresh Ceramics) is a limited liability company (Gesellschaft mit beschränkter Haftung) incorporated under Austrian law, having its registered office in Vienna and its business address at Westbahnstraße 18, 1070 Vienna, Austria. The Company is registered with the Commercial Court of Vienna under company registration number FN 645419 and VAT Identification Number ATU81702418.

 

14. Governing Law and Jurisdiction

14.1. These General Terms and Conditions shall be governed exclusively by the substantive laws of the Republic of Austria.

14.2. Unless mandatory provisions of Section 14 of the Austrian Consumer Protection Act (KSchG) provide otherwise, the exclusive place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions shall be the competent court in Vienna.