AGB
TERMS OF SALE
1. Scope and Contracting Party
1.1 These Terms of Sale ("Terms") apply to all orders and contracts concluded via the online shop saibo.at ("Shop") between the buyer ("Customer") and
Dipl.-Ing. Nele Herrmann
SAIBŌ — a studio practice by Nele Herrmann
Postgasse 2 , 1010 Vienna, Austria
Email: contact@saibostudio.com
1.2 The version of the Terms published on the website at the time of the order applies. Deviating terms of the Customer are not accepted unless expressly agreed to in writing by SAIBŌ.
1.3 Offers in the Shop are directed at both consumers under the Austrian Consumer Protection Act (KSchG) and businesses. Special provisions for consumers are indicated as such.
2. Works and Subject Matter
2.1 SAIBŌ sells sculptural objects and editions from its own artistic and design practice. The works are fabricated in the studio in Vienna, produced individually to order (made-to-order), and offered as limited editions or unique pieces.
2.2 Works depicted in the Shop are references for the respective edition. Since each piece is handmade, minor variations in colour, surface, and form may occur. Such variations are inherent to handcrafted production and do not constitute defects.
2.3 For works incorporating natural materials (e.g. Brescia marble), variations in structure, pattern, and colour are natural and vary from piece to piece.
3. Formation of Contract
3.1 The presentation of works in the Shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
3.2 By clicking the order button "Buy" (or a substantively equivalent phrasing) during the checkout process, the Customer makes a binding offer to conclude a purchase contract.
3.3 SAIBŌ confirms receipt of the order without delay by email. This confirmation of receipt does not yet constitute acceptance of the offer. The purchase contract is formed only upon express order confirmation (by separate email) from SAIBŌ, or at the latest upon dispatch of the work.
3.4 SAIBŌ reserves the right to reject orders without stating reasons, in particular where production capacity is insufficient or a work is no longer available.
3.5 The languages of contract are German and English. The contract text is stored by SAIBŌ and is not separately accessible to the Customer; however, order data is reproduced in the order confirmation.
4. Prices and VAT
4.1 All prices stated in the Shop are final prices in Euros (€).
4.2 SAIBŌ is a small business (Kleinunternehmerin) pursuant to § 6 (1) 27 of the Austrian VAT Act. No Austrian VAT is charged or shown on invoices.
4.3 For deliveries to non-EU countries, additional customs duties, import charges, and taxes may apply. These are borne by the Customer.
4.4 Shipping costs are shown transparently before order completion.
5. Payment
5.1 Payment methods available in the Shop are displayed during checkout. SAIBŌ currently accepts credit/debit cards, Apple Pay, Google Pay, and other payment methods available via Shopify Payments.
5.2 The purchase price is due immediately upon formation of contract and is charged or authorised at the time of order.
5.3 In the event of default in payment, SAIBŌ is entitled to charge statutory default interest.
6. Production and Delivery
6.1 Works are individually fabricated after formation of contract (made-to-order). Stated production times are estimates and not binding deadlines, unless expressly agreed otherwise. Typical production time is 4–6 weeks.
6.2 Shipping takes place after completion of production. Delivery times, depending on shipping destination, are typically:
- Austria: 2–5 business days
- EU: 3–10 business days
- Outside the EU: 5–20 business days
6.3 Shipping within Austria is free of charge. For deliveries within the EU, a flat shipping rate applies; the amount is shown before order completion. For coffee tables and works over 15 kg, shipping is by dedicated furniture forwarder; costs are shown during checkout or quoted individually.
6.4 Deliveries outside the EU are available on request. Shipping costs and delivery times are quoted individually.
6.5 Works are fully insured during transit. Upon delivery, the packaging must be inspected externally for damage. Any visible damage must be reported to the carrier immediately and notified to SAIBŌ by email within 24 hours.
6.6 The risk of accidental loss and deterioration passes to the Customer upon handover in the case of consumers, and upon handover to the carrier in the case of businesses.
7. Retention of Title
7.1 The delivered works remain the property of SAIBŌ until the purchase price has been paid in full.
8. Right of Withdrawal for Consumers
8.1 Consumers residing in the EU have a statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG). Details are set out in the separately published Right of Withdrawal notice on the website.
8.2 No right of withdrawal exists pursuant to § 18 (1) 3 FAGG for contracts concerning goods made to Customer specifications or clearly tailored to the personal needs of the Customer. This includes in particular works fabricated according to individual Customer requests regarding material, colour, or dimensions (e.g. a coffee table with a fine stoneware top produced to specific specifications on request).
9. Warranty
9.1 Statutory warranty provisions apply. The warranty period is two years from handover for consumers and one year for businesses.
9.2 Handcrafted works in editions are art objects. Minor variations in surface, colour, and form are inherent to materials and fabrication and do not constitute defects.
9.3 Warranty is excluded for damages arising from improper use, overloading, exposure to heat or sunlight, or cleaning with unsuitable substances. Works must be used and maintained in accordance with the conditions stated on the product page and in the enclosed care sheet.
10. Liability
10.1 SAIBŌ is liable without limitation for damages arising from injury to life, body, or health, and in cases of intent and gross negligence.
10.2 For damages arising from slight negligence, SAIBŌ is only liable in the event of a breach of a material contractual obligation, and only up to the foreseeable damage typical for this type of contract.
10.3 Works are conceived as sculptural objects with a functional character. The load capacity stated on the product page must be observed. Liability is excluded to the extent legally permissible for damages arising from use contrary to stated specifications.
10.4 Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
11. Copyright and Rights of Use
11.1 All rights in the design, form, and conceptual authorship of SAIBŌ works remain with Nele Herrmann. The purchase of a work transfers to the Customer ownership of the physical object, but no rights of use, reproduction, or commercial exploitation of the underlying design.
11.2 The Customer is entitled to use the work in a private setting, to photograph it, and to share such photographs privately and on personal social media channels. Commercial use of image material (e.g. advertising, editorial context) requires the prior written consent of SAIBŌ.
11.3 Resale of the acquired work is permitted. In such cases, SAIBŌ requests notification of the change in ownership in order to keep the register of works up to date.
12. Data Protection
12.1 The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act. Details are set out in the separately published Privacy Policy on the website.
13. Governing Law and Jurisdiction
13.1 Austrian law applies, excluding the conflict-of-laws provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 For consumers, mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
13.3 For disputes with businesses, the courts in Vienna, Austria, shall have exclusive jurisdiction.
13.4 Online dispute resolution: The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. SAIBŌ is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Severability
14.1 Should individual provisions of these Terms be invalid or unenforceable, or become invalid or unenforceable after formation of contract, the validity of the remainder of the contract shall remain unaffected.
In case of legal disputes involving Austrian consumers, the German version of these Terms shall prevail.
Version date: 10.08.2026