1. These General Terms and Conditions(“T&C”) specify the rights and obligations of the artists (“You”), natural or legal person who acts in the course of his business or other business activity, and ArtGallery Solutions s.r.o., with registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, the Czech Republic, ID no.: 08241210, registered at the commercial register kept by the Regional Court in Brno under file no. C 112566 (“ArtGallery”) in the framework of contractual relations based on the delivery of specified pieces of artwork to ArtGallery for its sale through the ArtGallery online store located on the website www.theartg.com (“E-shop”).
2. By creating an account or offering your piece of artwork on the E-shop, you acknowledge that you have read the content of the T&C. The T&C are drawn up in English and Ukrainian.
1. Capitalized terms in the T&C shall have the following meaning:
- “Artist Account” is your account created in accordance with the Art. 3 of the T&C;
- “Artwork” is your artwork sold by ArtGallery through the E-shop;
- “Civil Code” means Act No. 89/2012 Coll., the Civil Code;
- “Customer” is customer of ArtGallery who is ordering Artwork from E-shop;
- “Invoice” is an invoice for the Price, issued in accordance with Art. 6 of the T&C;
- “Price” is the price for the Artwork without commission of ArtGallery, as specified in an order form;
- “VAT” means value added tax under effective legislation.
3. ARTIST ACCOUNT
1. Based on your registration in the web interface of the E-shop you can access your user interface. From your user interface, you can offer your Artwork to our Customers.
2. Access to the Artist Account is secured by a username and password. You are required to maintain the confidentiality of the information necessary to access your Artist Account.
3. When registering in the web interface of the E-shop, you are obliged to provide all information correctly and truthfully. You are required to update the information in your Artist Account whenever you change it. The information provided by you in the Artist Account is considered by ArtGallery to be correct.
4. You may not allow the use of the Artist Account by third parties.
5. It is prohibited to put into your Artist Account any pictures, videos or information that may include illegal, inappropriate or offensive content.
6. Neither the description of the Artwork or any of your information in the Artist Account may contain a proposal for the sale of the Artwork outside the E-shop.
7. You may decide to cancel your Artist Account and terminate the agreement at any time. In such a case, please, notify ArtGallery at the contact address / e-mail address and ArtGallery will cancel your Artist Account within 5 working days starting on the following day of the receipt of this notification. If there is any order for your Artwork, that has not been confirmed by you according to the Art. 5.2, you are obliged to confirm the order or to terminate it according to Art. 5.2. In such case your Artist Account shall be blocked from ordering, but not deleted until all confirmed orders are delivered to the Customers.
8. You acknowledge that by canceling the Artist Account pursuant to Art. 3.7 of the T&C, you will lose all possible benefits that result from maintaining the Artist Account.
1. You are obliged to provide each Artwork displayed in the Artist Account with picture, your price for the Artwork, measures, type, form, medium, basic color, title and description. The price of the Artwork that will be displayed to the Customer is automatically increased by the commission of ArtGallery. The price of the Artwork including commission of ArtGallery will be displayed in USD and EUR currency calculated according to the exchange rate of Czech National Bank.
2. Each Artwork in your Artist Account must be available for its sale at any time. If you do not have the Artwork in question available, you are obliged to inform ArtGallery immediately, so it will not continue to offer unavailable piece of Artwork. After receiving a notification from ArtGallery that no order has been placed on the unavailable Artwork, you are obliged to delete the Artwork from the Artist Account. However, if an order has already been placed on any Artwork at your Artist Account and you have already confirmed the order in accordance with Art. 5.2, you are obliged to fulfill the order, otherwise you are responsible for any damage that occur to ArtGallery.
3. In the event that you are placing pictures or photos of the Artwork on the E-shop, you are granting ArtGallery a free non-exclusive license to use the pictures and photos on the E-shop, in advertising campaigns and for other purposes related to the promotion of ArtGallery and E-shop.
4. You must ensure that no rights of third parties will be infringed by publishing the Artwork on the E-shop or otherwise offering it for sale. In case of any infringement, you undertake to settle all damages that arise due to the infringement of rights of third parties and may be claimed by third parties. You shall indemnify any claims that arise to ArtGallery as a result of such third-party acts in connection with the content on your Artist Account.
5. ArtGallery reserves the right to make the necessary changes in the Artist Account or to remove any Artwork from the Artist Account if it is in conflict with applicable laws of the Czech Republic, T&C or good manners.
5. THE ORDER OF ARTWORK, DELIVERY TERMS, PASSING OF THE RISK
1. ArtGallery will send you an order form of the Artwork specifying the requested Artwork, the Price of the Artwork, the delivery time and the means of transport.
2. You are obliged to confirm the order in writing within 2 days from its receipt. If you are unable to fulfill the order, you must inform ArtGallery immediately after receiving the notification according to the previous Article, but not later than 2 days from its receipt. If you fail to fulfill the obligation, you are responsible for the damage that may occur to ArtGallery.
3. You are obliged to send the Artwork to the place of business of ArtGallery in accordance with the confirmed order form. The delivery time shall commence on the day the confirmation according to the previous Article was sent to ArtGallery.
4. When shipping the Artwork, you are responsible for its proper packaging to prevent damage or destruction of the Artwork.
5. After you dispatch the Artwork to ArtGallery, you must send a written notification to ArtGallery.
6. The risk of damage to the Artwork shall pass to ArtGallery upon its delivery to ArtGallery by the carrier.
7. The costs associated with the transport to the place of business of ArtGallery are borne by ArtGallery, if you are able to provide ArtGallery with necessary receipts or invoices proving the amount of the costs.
8. In the event of an exceptional production outage of the Artwork, you are obliged to inform ArtGallery immediately of the extension of the delivery time of the Artwork. If ArtGallery does not agree the Artwork to be delivered within this extended period, ArtGallery is entitled to terminate the order for the Artwork by a written notice delivered to your email address with immediate effect.
6. PRICE AND PAYMENT TERMS
1. The Price will be paid to you:
- by cash on delivery after ArtGallery makes the necessary inspection in order to confirm that the Artwork has no defect and fulfills the conditions specified in Art. 7.1; or
- on the basis of an invoice issued by you after ArtGallery sends you a notification for issuance of the Invoice for the Artwork.
2. After ArtGallery receives the Artwork and makes the necessary inspection in order to confirm that the Artwork has no defect and fulfills the conditions specified in Art. 7.1, it will inform the Customer about the Artwork and send it detailed information about the payment method.
3. After the total price, including the Price, the commission of ArtGallery and the costs of transport, for the Artwork is paid by the Customer and credited to the account of ArtGallery, ArtGallery will send you a notification for issuance of the Invoice for the Artwork.
4. Each Invoice issued in accordance with the T&C shall be due within 14 days. If the Invoice is faulty, the maturity of the Invoice shall commence on the day the correct invoice is sent to ArtGallery.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. You are responsible for the Artwork to be free from defects upon its receipt by ArtGallery, in particular that:
- the Artwork has the features that are specified in the confirmed order or agreed between you and ArtGallery;
- the Artwork corresponds to the quality and design of the agreed sample picture sent to ArtGallery; and
- the Artwork complies with legal requirements.
2. If the defect of the Artwork becomes apparent within 6 months of receipt, the Artwork shall be deemed to have been defective at the time of receipt. ArtGallery is entitled to exercise the right to a defect that occurs with the Artwork within 24 months of receipt.
3. If a removable defect occurs on the Artwork, you are required to give ArtGallery a reasonable discount from the Price or remove the defect, based on ArtGallery’s choice.
4. In the event of a defect that cannot be removed and prevents the Artwork from being properly sold without defect, ArtGallery has a right to:
- return the Artwork to you without you having any right for compensation; in such case, you are obliged to pay the costs of transport from the Customer and ArtGallery back to your chosen place; or
- exchange the Artwork for another artwork of the same or similar price; in such case you are obliged to pay all costs related to delivery of a new artwork; or
- a reasonable discount from the Price.
5. ArtGallery will send you a description of the claim and the defect.
6. You are obliged to handle the delivered claims without undue delay, but no later than 10 days from the date of claim.
7. The moment of claiming is the moment when the occurrence of the defect was notified by ArtGallery and the right from liability for defects of the Artwork was asserted.
8. BREACH OF THE TERMS
1. If you are found to be in material breach of the T&C or misuse the E-shop in any way, ArtGallery reserves the right to immediately block your Artist Account without notice and to put a ban on it temporarily or indefinitely and/or delete it. The same applies if you behave in an unlawful or improper manner.
2. A material breach of the T&C is in particular if you:
- publish or otherwise share information that violates the laws or the T&C, or could damage the goodwill and reputation of ArtGallery;
- breach your obligations specified in Art. 3.7 hereof;
- spread hateful, illegal or inappropriate content through the E-shop.
3. ArtGallery has the right to remove without warning all hate speech, illegal and inappropriate content from the E-shop.
9. CHANGES TO THE TERMS
1. ArtGallery is entitled to make changes to the T&C, especially with regard to changes of legislation, in the scope of pricing and payment conditions for the Artwork provided hereunder, licensing and/or intellectual property rights. ArtGallery will announce a change of the T&C to you via its e-mail address and by making the new T&C available on the E-shop. Shall you not reject the change of T&C within 15 days following receiving the announcement by e-mail, you accept the changed T&C. Shall you reject the changed T&C within the foregoing period, the rejection constitutes a termination of the relationship between ArtGallery and you with a 30 calendar days termination period, during which the latest mutually agreed T&C shall apply.
1. ArtGallery has a right to terminate the agreement for convenience with a 15 calendar days’ notice period commencing from the date when you received the notice of termination.
2. In the event of termination, for whatever reason, you are obliged to fulfill all orders that you confirmed in accordance with the T&C within the agreed time limits. For such a period of time, you are obliged to act in accordance with the T&C regardless of the notice period.
3. Upon termination of relationship, your access to the E-shop will be blocked and your Artist Account and all Artwork will stop being visible to Customers.
11. FINAL PROVISIONS
1. The T&C shall be governed by and interpreted in accordance with the laws of the Czech Republic.
2. All disputes resulting out of or in connection with the T&C shall be finally decided by the courts of the Czech Republic at the general court determined by the registered seat of ArtGallery.
3. Shall any provision hereunder or any provision of law require an action to have written form, such form is withheld if the action is made by ArtGallery to your e-mail address with a simple electronic signature.
4. The contact details of ArtGallery are as follows: delivery address for ArtGallery Solutions s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, e-mail address firstname.lastname@example.org, telephone +420-773-875-343.
5. These General Terms and Conditions are effective as of 18 January 2020.