GENERAL TERMS AND CONDITIONS OF ARTGALLERY SOLUTIONS S.R.O. FOR CUSTOMERS

1. INTRODUCTION
1. These General Terms and Conditions (“T&C”) specify the rights and obligations of the buyer (“You”) 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 concluded through the ArtGallery online store located on the website www.theartg.com (“E-shop”).
2. All information on the processing of your personal data is contained in the Information on the processing of personal data https://theartg.com/privacy-policy
3. By submitting your order, you acknowledge that you have read the content of the T&C and its Annex, that you have read and agreed to the Information on the processing of personal data. The provisions of the T&C and the Annex are an integral part of the Contract. The Contract and the T&C are drawn up in English.
2. DEFINITIONS
1. Capitalized terms in the T&C shall have the following meaning:
  • “Civil Code” means Act No. 89/2012 Coll., The Civil Code;
  • “Contract” means a purchase contract concluded on the basis of a duly completed order sent through the E-shop web site and received by ArtGallery in accordance with Art. 4 of the T&C;
  • “Goods” are products sold by ArtGallery;
  • “Invoice” is an invoice for the Total Price, issued in accordance with Art. 5.4 of the T&C;
  • “Order” is your binding proposal for the conclusion of the Contract, made in accordance with Art.4.4 of the T&C;
  • “Parties” are ArtGallery and You;
  • “Price” is the price for the Goods;
  • “Total Price” means the Price for the Goods and the price for their transportation to the designated place;
  • “VAT” means value added tax under effective legislation.
3. GENERAL PROVISIONS
1. Ordering Goods is possible directly from the web interface of E-shop.
2. When ordering the Goods, you are obliged to provide all information correctly and truthfully. The information provided by you when ordering the Goods is considered by ArtGallery to be correct.
4. CONCLUSION OF THE CONTRACT
1. You can conclude the Contract with ArtGallery in English, Czech or Ukrainian.
2. You can make the Contract with ArtGallery if you place an order. The order is always binding.
3. The E-shop displays information about the costs associated with the delivery of the Goods.
4. To order the Goods, fill in the order form in the web interface of the E-shop. The order form contains information about:
  1. the ordered Goods (you will "insert" the ordered Goods into the electronic shopping cart),
  2. method of payment of the Price of the Goods, information on the required method of delivery of the ordered Goods,
  3. information on transport costs (varies depending on the carrier selected and the country of delivery address).
5. Before submitting the Order, you are allowed to review and change the data you have entered in the Order, including with a view to identifying and correcting errors arising when entering data into the Order. Submit your order to ArtGallery by clicking on the "I confirm the order" button. ArtGallery will confirm your receipt by e-mail immediately upon receipt of the Order to the e-mail address specified in the Order.
6. ArtGallery reserves the right to ask for additional information of the Order (e.g. in writing or by telephone).
7. The Contract is concluded solely after ArtGallery will send you the acceptance of the order for the Goods.
8. By submitting the Order, you agree to use the means of distance communication in concluding the Contract. You bear the costs of concluding the distance contract yourself.
5. PRICE AND PAYMENT TERMS
1. The price for the Goods is stated in the web interface of the E-shop and will also be stated in the order form. In case of any discrepancy, the Price stated in the order form is valid. The price of the Goods listed in the E-shop is valid while it is displayed in the E-shop.
2. The Price of the Goods is stated including VAT. The Price does not include transport costs, unless stated otherwise. Shipping costs will be charged in addition to the Price.
3. You shall make the payment:
  1. by a cashless payment system; or
  2. on the basis of the Invoice issued by ArtGallery, which will have the particulars of a tax document according to the relevant legal regulations.
4. The invoice will be issued to your e-mail address in electronic form.
6. TRANSPORT AND DELIVERY OF THE GOODS, PASSING OF THE RISK
1. The Goods will be delivered to your chosen address. The costs associated with the selected mode of transport are borne by you, the amount of these costs is stated in the web interface of the E-shop and these costs will be added to the Price of the Goods.
2. You are obliged to accept the Goods at the place specified in the Order. Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging of the Goods and in the event of any defects notify the carrier and ArtGallery immediately. In case you find a violation of the packaging, which indicates unauthorized entry into the shipment, you do not have to take over the Goods from the carrier.
3. If you fail to take over the Goods at the agreed time due to a breach of duty on your part, you are obliged to pay the charge for the storage of the Goods for each commenced day of delay of [•], up to 50 % of the Price of the Goods.
4. If you unreasonably refuse to take over the Goods, this is not considered a failure by ArtGallery to deliver the Goods or a withdrawal from the Contract by you.
5. If the Goods are delivered repeatedly or in any other way than agreed based on reasons on your part, you are obliged to reimburse ArtGallery for the postal charges or shipping costs incurred by it.
6. In the cases specified in Art. 6.3, 6.4 and/or 6.5 of the T&C, you are obliged to pay the costs in accordance with the Invoice sent to you by ArtGallery and within the period specified therein.
7. In the cases referred to in Art. 6.3, 6.4 and/or 6.5 of the T&C, ArtGallery shall be entitled to withdraw from the Contract by written notice delivered to your email address. This withdrawal shall in no way affect ArtGallery's claim for reimbursement of the costs incurred by it.
8. The risk of damage to the Goods shall pass to you upon its delivery by the carrier.
9. The time of delivery of the Goods always depends on its availability and on the chosen mode of transport and payment. ArtGallery will usually hand over the Goods that are in stock to the carrier within 5 working days from the conclusion of the Contract or from the payment of the Price to the ArtGallery’s bank account. ArtGallery points out that it cannot influence the delivery time of the Goods by the carrier.
10. In the event of an exceptional production outage of the Goods, ArtGallery
  1. is obliged to inform you of the extension of the delivery time of the Goods, or
  2. is entitled to withdraw from the Contract by written notice delivered to your email address.
If you do not agree to deliver the Goods within this extended period, you are entitled to withdraw from the Contract upon written notice delivered to ArtGallery. If all or part of the Total Price has been paid by you, ArtGallery will refund the amount paid by a reverse charge to the bank account used in the cashless payment system or to your chosen bank account no later than 10 days from the date of receipt of this withdrawal, or when it will be provided with refund information.
7. RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE
1. ArtGallery guarantees that the Goods are free from defects upon receipt, in particular that at the time you received the Goods:
  1. the Goods have the features that we have agreed and, in the absence of an arrangement, those features that ArtGallery described or that you expected due to the nature of the Goods;
  2. the Goods are fit for the purpose stated by ArtGallery or for which the Goods of this kind are usually used,
  3. the Goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
  4. the Goods are of an appropriate quantity, measure or weight, or
  5. the Goods comply with legal requirements.
2. The provisions stated in Art. 7.1 of the T&C shall not apply to the Goods sold at a lower price for a defect for which the lower price was agreed, for wear of the Goods caused by its normal use, for used Goods for defects corresponding to the level of use or wear or if it results from the nature of the Goods.
3. If the defect of the Goods becomes apparent within 6 months of receipt, the Goods shall be deemed to have been defective at the time of receipt. You are entitled to exercise the right to a defect that occurs with the Goods within 24 months of receipt. Make a claim with ArtGallery without undue delay after detecting the defect.
4. For a removable defect on Goods not purchased under condition specified in Art. 7.2, you may require a reasonable discount from the Price instead of removing the defect.
5. In the event of a defect that cannot be removed and prevents the Goods from being properly used as Goods without defect, you have the right to exchange the Goods for goods of the same price, a reasonable discount from the Price or withdraw from the Contract.
6. You are entitled to a reasonable discount even if ArtGallery is unable to deliver a new item without any defects, or if we fail to rectify it within a reasonable time, or if it would cause you considerable difficulty in redressing it.
7. You can make a claim by delivering the claimed Goods to the ArtGallery address. When shipping, pack the goods in a suitable packaging to prevent damage or destruction.
8. Attach to the Goods a proof of purchase of the Goods or an invoice, if any, or other document proving the purchase of the Goods, together with a description of the defect and a proposal on how to resolve the claim. Failure to submit any of the above documents does not prevent the positive handling of the claim under the legal conditions.
9. The moment of claiming is the moment when the occurrence of the defect was notified to ArtGallery and the right from liability for defects of the Goods was asserted.
10. Delivered complaints are handled by ArtGallery without undue delay, but no later than 30 days from the date of claim. We will issue you a written confirmation of your claim.
8. CHANGES TO THE TERMS
1. ArtGallery is entitled to make changes to the T&C, especially with regard to pricing and payment conditions for the Goods. ArtGallery will announce a change of the T&C to you via your 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 receipt of 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 Contract with a 15 days termination period, during which the latest mutually agreed T&C shall apply.
9. DURATION AND TERMINATION OF THE CONTRACT
1. As a consumer, pursuant to Section 1829 of the Civil Code, you are entitled to withdraw from the Contract without giving a reason within 14 days from the date of receipt of the Goods. The withdrawal form can be found in Annex No. 1 of the T&C.
2. The Contract may not be withdrawn, inter alia, if the subject of the Contract was Goods that were modified according to your wishes or for your person.
3. In the event of withdrawal from the Contract, the paid Price will be returned to you within 14 days from the effective date of withdrawal from the Contract by transfer to your bank account. If you withdraw from the Contract, ArtGallery is not obliged to return the paid Price to you before you return the Goods to it or prove that you have sent the Goods to ArtGallery.
4. All other costs that shall arise in relation to the delivery of Goods or complaints that are not according to the T&C borne by ArtGallery, shall be paid by you in accordance with an Invoice sent to you by ArtGallery. If you do not pay the costs within the period specified in the particular Invoice, ArtGallery is entitled to recover these costs from you judicially.
10. INFORMATION FOR YOU
1. In the event that a consumer dispute arises between you and ArtGallery from a contract of sale or from a service contract that cannot be settled by mutual agreement, you may submit a proposal for an out-of-court settlement of such dispute to a designated extrajudicial dispute resolution body, or solve the dispute online through the dedicated ODR platform.
  1. In the event that you are domiciled in the Czech Republic, you may file an out-of-court settlement of such dispute with the designated out-of-court consumer dispute resolution entity, the Czech Trade Inspection, ADR Department, Štěpánská 15, 120 00 Prague 2, the Czech Republic, email: adr@coi.cz, web: adr.coi.cz.
12. FINAL PROVISIONS
1. The Contract shall be governed by and interpreted in accordance with the laws of the Czech Republic.
2. The purchase Contract, including the T&C, is archived by the seller in electronic form.
3. 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 contact@theartg.com, telephone +420-773-242-117.
4. These General Terms and Conditions are effective as of 18 January 2020.