1. Scope

These Terms of Service (“Terms”) govern the use of the website https://surreal.art (the “Website”) and all purchases made by end customers through the platform operated under the brand Surreal.

These Terms apply exclusively to customers purchasing artworks or related services. Artists using the platform are subject to separate contractual terms.

By placing an order on the Website, you agree to be bound by these Terms.

2. Provider

black.com GmbH

FN 448732 a

Am Belvedere 8
1100 Vienna
Austria

ATU70639927

Email: office@surreal.art

3. Offer & contract formation

• All artworks and services displayed on the Website constitute a non-binding invitation to purchase.
• A binding contract is concluded once you complete checkout and receive an order confirmation email.
• We reserve the right to refuse orders for justified reasons, including suspected fraud or technical errors.

4. Role of Surreal / marketplace function

Surreal operates as an online art marketplace and facilitator. The artworks offered on the Website are created and fulfilled by independent artists.

The purchase contract for the artwork is concluded directly between you and the respective artist. Surreal (black.com GmbH) does not create the artwork and does not become a contractual party to the artwork sale itself.

Surreal acts as a disclosed agent for the artist and facilitates ordering, payment handling, communication, claims handling, and delivery coordination on the artist’s behalf. Surreal may receive and issue legally relevant declarations for the artist.

5. Commissioned artwork & no right of withdrawal

All artworks offered on Surreal are individually commissioned and created specifically for you.

In accordance with § 18 (1) Z 3 of the Austrian Consumer Rights Act (FAGG) and applicable EU law, there is no right of withdrawal, cancellation, return, or refund for custom-made or commissioned goods.

You expressly request that production and/or fulfilment of the commissioned artwork may begin immediately after order confirmation. You acknowledge that, due to customization, any statutory right of withdrawal is excluded where legally permitted.

All sales are final. Once an order is placed, it cannot be cancelled, modified, returned, or refunded for any reason, including change of mind, subjective dissatisfaction, or delivery delays.

6. Prices & payment

• All prices are shown in EUR and include applicable taxes unless stated otherwise.
• Payments are processed securely via Stripe.
• We do not store payment or credit card data.
• Orders are processed only after successful payment confirmation.

7. Delivery

Delivery is carried out either by Surreal directly or through a logistics partner. Delivery times are estimates and may vary due to the commissioned nature of the artwork.

Delays in delivery do not entitle you to cancellation or refund, unless mandatory statutory law provides otherwise.

Risk of loss or damage passes to you upon delivery.

If delivery fails due to incorrect address information, unavailability, refusal of acceptance, or missed delivery appointments, you may be charged for redelivery, storage, and return costs.

For deliveries outside the EU, you are responsible for all import duties, customs fees, and taxes unless explicitly stated otherwise.

8. Custom sizes, previews & artistic discretion

You may be able to select custom dimensions that differ from the original or reference format of an artwork.

Any preview generated for a custom size is simplified and schematic and serves solely as a general visual orientation.

The preview does not represent the final artwork. When adapting an artwork to different dimensions or sizes, the artist may adjust composition, proportions, cropping, spacing, and visual emphasis in good faith and according to artistic judgment.

Such compositional changes are inherent to artistic work and do not constitute a defect or deviation from the contract.

9. Artistic character, previews & variations

Artworks are original artistic creations. Images, previews, mockups, and staging visuals shown on the Website are illustrative only.

Minor deviations in color, texture, material, size, or appearance compared to previews or expectations do not constitute a defect and are inherent to artistic and handcrafted work.

10. Mounting service and wall installation

Where offered, Surreal or a service partner may provide an optional mounting service, including drilling and wall installation of the artwork.

The customer is solely responsible for ensuring that the selected wall and drilling location are suitable and free of pipes, cables, installations, or structural elements.

By indicating or approving the drilling location on-site, you expressly confirm that no hidden installations (including water pipes, electrical wiring, heating, or reinforcement) are present at or behind the drilling point.

You waive all claims and liability against Surreal, the artist, and any service partners for damages resulting from drilling or mounting based on the location you have indicated or approved, except where mandatory law provides otherwise.

11. Customer obligations

• You must provide accurate and complete information during checkout.
• You are responsible for the correctness and accessibility of the delivery address.
• You must ensure safe and unobstructed access to the installation location.
• Additional costs caused by incorrect or incomplete information may be charged to you.

12. Damage in transit and claims process

Any visible transport damage must be reported within 48 hours of delivery. The report must include clear photos of the damage, the artwork, and the inner and outer packaging.

All packaging materials must be retained for inspection. Failure to report damage in time or to provide sufficient documentation may limit or exclude remedies to the extent permitted by law.

13. Complaints & statutory warranty

Mandatory statutory warranty rights apply where required by law. No warranty exists for subjective dissatisfaction, artistic taste, or inherent characteristics of commissioned artworks.

Where a legally relevant defect exists, remedies are limited to correction or replacement where feasible.

14. Payment disputes and chargebacks

If you initiate a payment dispute, chargeback, or reversal, we may provide the payment provider with order details, communication records, production evidence, and proof of delivery.

If a dispute is found to be unfounded, you may be responsible for reasonable costs incurred (including payment provider fees) to the extent permitted by law.

15. Liability

Surreal is liable only for damages caused by intent or gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

This does not apply to personal injury or mandatory statutory liability.

16. Force majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, supply chain disruptions, or acts of authorities.

17. Intellectual property

All intellectual property rights in artworks and Website content remain with the respective rights holders.

Purchasing an artwork does not grant reproduction, distribution, or commercial usage rights unless expressly agreed in writing.

18. Rights to use images of commissioned artworks

Unless you object in writing before delivery, you grant Surreal and the artist a non-exclusive right to use images of the commissioned artwork for portfolio, platform, and marketing purposes, without disclosing personal data.

19. Conduct and refusal of service

We may refuse service or discontinue processing if we reasonably suspect fraud, abuse, harassment, or misuse of the Website, without affecting statutory rights.

20. Assignment & third parties

Surreal may involve third parties, including logistics and service partners, in fulfilling its obligations.

You may not assign your rights under these Terms without prior written consent.

21. Applicable law & jurisdiction

Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction is Vienna, Austria, unless mandatory consumer protection laws apply.

22. Final provisions

If any provision of these Terms is held invalid, the remaining provisions remain unaffected.

The version of the Terms valid at the time of purchase shall apply.