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Business terms



 

Business terms of using the website www.onlinegallery.shop operated by the company Art of All s.r.o., with registered office at:
Czech Republic, 130 00 Prague 3, Roháčova 188/37, Company ID: 46991654, registered in the Commercial Register at the Municipal Court in Prague, section C, insert 172028


1. Preliminary provisions
These Preliminary provisions establish mutual rights and duties of contracting parties emerging from:
a) Agency Contract on mediation of artwork sale on the website www.onlinegallery.shop concluded between Online Gallery as an agent and Registered User - Author as an applicant for mediation of Artwork sale.
b) Trust Contract between Online Gallery as Trustee, Registered User - Seller and Registered User - Buyer on conditions of settlement and release of payment for Artwork sold on www.onlinegallery.shop.

Stipulations of Business Terms are integral part of Agency Contract and Trust Contract.

Stipulations differing from these Business Terms can be agreed on in Agency Contract and Trust Contract. The differing stipulations in Agency Contract and Trust Contract have precedence over Business Terms stipulations.

Business Terms are drawn up in Czech. Agency Contract and Trust Contract can be drawn up in Czech. Given the fact that these contracts are concluded through electronic means, Registered User does not have access to them, but Online Gallery keeps them in storage, which concerns Sales Contract as well.

1. Definition of Terms
Terms used in this Business Terms with capitals have in Agency Contract, Trust Contract and in mutual interaction the following meanings:
1.1.1. Online Gallery means the company Art of All s.r.o., with registered office at: Roháčova 188/37, 130 00 Prague 3, Czech Republic, Company ID: 46991654, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 172028, info@onlinegallery.shop, which operates the web portal www.onlinegallery.shop
1.1.2. www.onlinegallery.shop means the web portal www.onlinegallery.shop.
1.1.3. Services of Online Gallery mean:
a) the virtual Presentation of Artwork owned by Registered User - Author, on the web portal www.onlinegallery.shop;
b) mediation of sale of Artwork presented on www.onlinegallery.shop, on the basis of Agency Contract concluded with Online Gallery.
c) mediation of viewing of Artwork presented on www.onlinegallery.shop.
d) purchase of Artwork for the price stated on www.onlinegallery.shop by Register User.
Using of above mentioned Services of Online Gallery is free of charge for Registered Users, except for the service according to art.1.1.3 b) that is fixed by Agency Contract in compliance with the art.1.1.11 of these Business Terms.
1.1.4. User - means both Registered and Unregistered User.
1.1.5. Registered User - means a natural person, who has entered his registration data on https://onlinegallery.shop/registrace in the extent of name, surname, address, e-mail, password, and has chosen a type of registration (1.1.6), approved for these Business Terms, and Online Gallery has created his User Account.
1.1.6. Type of registration - User can choose any of the following types of registration:
1) Author - this type of registration:
- can be selected by a natural person being at least 18 years old with full legal capacity, or a person under 18 with the approval of his legal representative or represented by his legal representative.
- can be selected by an author or owner of Presented Artwork that is not the author but is entitled to present Artwork on www.onlinegallery.shop and sell it.
- entitles Registered User to use services mentioned in art. 1.1.3 par. a-d) of these Business Terms.
2) Collector - this type of registration:
- can be selected by a natural person being at least 18 years old with full legal capacity,
- entitles Registered User to use services mentioned in art. 1.1.3 par. c, d) of these Business Terms - as a person interested in purchase of Artwork.
1.1.7. User Account - Registered User is authorized by means of User Account to log in under his unique user name to www.onlinegallery.shop to be able to use Services of Online Gallery; access to User Account is secured by a user name and a password,
1.1.8. Unregistered User - a natural person that has not made registration on www.onlinegallery.shop that can only browse the content of the web portal www.onlinegallery.shop.
1.1.9. Artwork - is a subject of presentation on www.onlinegallery.shop. Only material artwork can be sold/purchased, especially pictures, drawings, paintings, collages and sculptures.
1.1.10. Artwork Presentation: Registered User - Author creates Artwork Presentation on www.onlinegallery.shop by filling in an electronic form and adding a snapshot of Artwork. If he does not enter a price of Artwork, it is not meant for sale, but only to display. If Registered User - Author wants Artwork to be presented on www.onlinegallery.shop as a subject of sale, he enters Price of Artwork in CZK and concludes Agency Contract with Online Gallery. Registered User - Author can edit or remove Artwork Presentation at any time. Placing Artwork Presentation and its changes on www.onlinegallery.shop is subject to approval of Online Gallery.
1.1.11. Agency Contract - means a contract between Online Gallery as an agent and Registered User as an applicant for mediation of sale of Artwork presented by him on www.onlinegallery.shop for a fixed Price to another Registered User, while the commission for mediation amounts to 30% of the price of Artwork goes to Online Gallery. Agency Contract is concluded on the basis of proposal made by Registered User - Author, who executes this while setting up Presentation of Artwork by ticking the field "I agree that Online Gallery will mediate the sale of this piece of art to a third person on the web www.onlinegallery.shop for the commission in the amount of 30% of the price of this piece of art and to deal with the purchaser on my behalf" and approval of this proposal by Online Gallery expressed in email approving Presentation of Artwork on www.onlinegallery.shop and accepts mediation of sale of the mentioned Artwork to a third person on the web www.onlinegallery.shop for the commission in the amount of 30% of the price and acting on behalf of Author in the sale. The commission includes VAT.
1.1.12. Order of Artwork - is an electronic order of Artwork presented by Registered User - Author on www.onlinegallery.shop for Price mentioned in Artwork Presentation, made by another Registered User - Buyer by clicking on Buy button and by filling in required data. The data entered to Order of Artwork can be edited before submitting the order.
1.1.13. Delivery of Artwork - means delivery of Artwork to the address: Art of All s.r.o., Roháčova 188/37, 130 00 Praha 3 by Registered User - Seller on his own expenses. The period of time for Delivery is 5 days after receiving the notice made by Online Gallery about Order of Artwork on the email address of Registered User - Seller. A protocol about Delivery of Artwork is created that is stored by Online Gallery along with a photograph of Artwork.
1.1.14. Handing over of Artwork - means handing over of Artwork by Online Gallery acting on behalf of Registered User - Seller to Registered User - Buyer on the address: Art of All s.r.o., Roháčova 188/37, 130 00, Praha 3 or delivery of Artwork to Registered User - Buyer on his own expenses and at his risk. A protocol about Handing over of Artwork is created that is stored by Online Gallery along with a photograph of Artwork.
1.1.15. Sale Contract - means Sales Contract for the sale of Artwork on www.onlinegallery.shop that is concluded between Registered User - Seller, Author and Registered User - Buyer on the basis of Order of Artwork made by him, at the moment of Handing over of Artwork to Registered User - Buyer. By Handing over of Artwork to Registered User - Buyer, Registered User - Seller accepts Order of Artwork and Registered User - Buyer becomes the owner of Artwork.
1.1.16. Withdrawal from Sale Contract - Registered User - Buyer can withdraw from Sale Contract within 5 working days after Handing over of Artwork without giving reasons, on the basis of a notice sent to Online Gallery as to Trustee of Registered User - Seller on e-mail address: info@onlinegallery.shop, but to make the withdrawal effective he must on his expenses and within the mentioned period of time return undamaged Artwork on the address: Art of All s.r.o., Roháčova 188/37, 130 00 Praha 3. In case of an effective withdrawal from Sale Contract Registered User - Buyer will get Price of Artwork back within 5 working days.
1.1.17. Purchase Price - means purchase price of Artwork in CZK (incl.VAT, if Author is VAT registered) stated by Registered User - Author in Presentation of Artwork on www.onlinegallery.shop. Author of Artwork is not entitled to increase the final Purchase Price that is mentioned in Presentation of Artwork on the web portal www.onlinegallery.shop at the moment of Order of Artwork by Registered User - Buyer.
1.1.18. Trust Contract - is a contract concluded between Online Gallery as a trustee, and Registered User - Seller and Registered User - Buyer on a proposal made by Registered User - Buyer that is executed by Order of Artwork by ticking the field with the text: "I agree that Online Gallery will mediate the payment of purchasing price of the piece of art to the seller and taking over the piece of art from the seller" Online Gallery accepts this proposal in an e-mail confirming Order of Artwork to Registered User - Buyer and binds itself to transfer Price of Artwork lowered by the commission for Online Gallery within 5 days after Handing over of Artwork. Trust Contract is concluded for the period of time until releasing the payment of Price to Registered User - Seller or returning of Price to Registered User - Buyer in compliance with these Business Terms. Trust Contract is concluded free of charge.
1.1.19. Registered User - Seller is a designation of Author who has assigned Artwork to be for sale by fixing Price within Presentation of Artwork, since the moment when other Registered User placed Order of this Artwork.
1.1.20. Registered User - Buyer is a designation of Registered User who placed Order of Artwork.
1.1.21. Business Terms mean these business terms of using www.onlinegallery.shop and are available on https://onlinegallery.shop/podminky.

2. Rights to the Web portal www.onlinegallery.shop

2.1. The content of the web portal www.onlinegallery.shop including its layout, i.e. especially texts, graphic files, interactive database and design are copyrighted work, the rights to which are held by Online Gallery and are protected by Act No. 121/2000 Coll., as amended (the Copyright Act). Any use of the content of www.onlinegallery.shop is possible only on the basis of a previous license granted by Online Gallery in writing to a specific way of using the content of the web portal www.onlinegallery.shop.
2.2. License for Online Gallery - Registered Users with a type of registration - Author agree with displaying photographs of their Artwork on the web portal www.onlinegallery.shop and with including their Artwork into the database of the web portal www.onlinegallery.shop and for this purpose they provide Online Gallery with free and non-exclusive license to display photographs of their Artwork on the web portal www.onlinegallery.shop and to include them into the database of Artwork kept by Online Gallery.
2.3. Rights and duties of Users - User undertakes while using the web portal www.onlinegallery.shop above all:
▪ to comply with legal regulations, Business Terms and Agency Contract, if he had concluded it with Online Gallery;
▪ not to interfere in security, content or layout of the web portal www.onlinegallery.shop;
▪ not to interfere in those parts of the web portal www.onlinegallery.shop, that are not public and not to break into User Accounts of other Registered Users.
▪ to provide true, up-to-date and unbiased information about his identity while submitting the registration on the web portal www.onlinegallery.shop and in case of change to update them.
▪ to maintain their User Account and password confidential (Online Gallery is not liable for the loss of Registered User's passwords, unless it becomes apparent that the loss was caused by Online Gallery intentionally or as a result of conscious neglect);
▪ not to grant access to their User Account by a third party and not to use the User Account of another User;
▪ not to present, offer or purchase Artwork, if its creation, offer, sale or purchase would be or is in conflict with valid legal regulations. It is forbidden to offer especially:
a) Artwork that User does not have right to sell,
b) Artwork that breaches copyright law,
c) Artwork intended for promotion and propagation of opinions of movements aimed at the suppression of rights and freedoms of people as defined in valid Czech criminal law,
d) Artwork of pornographic nature.
2.4. Right of Online Gallery to remove presented Artwork - Online Gallery reserves the right to remove Artwork from the web portal www.onlinegallery.shop if its creation, presentation, offer, sale or purchase is or could be in breach with valid legal regulations or could have a potential negative impact on the good name of Online Gallery.
2.5.Violations of the rules of using the web portal www.onlinegallery.shop; misuse report
a) Online Gallery:
▪ is not involved in content creating of presentations of Registered Users, commentaries, discussion forums or groups appearing on the web portal www.onlinegallery.shop that are accessible from the Internet, it only provides space for their presentation and advertising, and therefore is not liable for this content;
▪ is neither liable for authenticity of advertised Artwork nor the accuracy of information of Artwork provided by Registered Users, including information about the author or owner of Artwork;
▪ is not liable and does not guarantee performance of any agreements or contracts concluded between Users of the web portal www.onlinegallery.shop.
▪ is not liable if the identity of Registered User communicated to Online Gallery on the basis of information provided by the User upon registration, is false;
b) In the case of any suspicion of violating legal regulations by Registered User, Online Gallery is authorized to terminate the User's registration according to Art. 3.3 b) of these Business Terms. In case of suspicion of committing a crime by User, Online Gallery will notify law enforcement officials.
c) any Registered User can use the Misuse Report form placed on https://onlinegallery.shop/zneuziti to inform Online Gallery about any violations of law, in particular of copyright or trademark infringements, or violations of Business Terms by any User of the web portal www.onlinegallery.shop. Online Gallery will examine such a report and if it finds out that legal regulations or Business Terms have been violated, it will take the remedial actions described in these Business Terms, especially by terminating the User's registration or removing of Presentation of Artwork from the web portal www.onlinegallery.shop.

3. Registration of User

3.1. User will carry out Registration on the web portal www.onlinegallery.shop by completing the relevant form in the extent: full name, address, e-mail and password, he will choose the Type of Registration and literally accept these Business Terms. On the basis of registration Registered User gets User Account by means of which he can enter his user interface. From his user interface Registered User can use Services of ONLINE GALLERY.
3.2. Changes to registration information - Registered User has access to his own registration and sign-in information. Should any changes occur in the information provided upon registration, Registered User is required to update this information without undue delay.
3.3. Termination of Registration
a) Registered User is entitled to ask Online Gallery for deletion of his User Account without giving reasons by e-mail sent to e-mail address: info@onlinegallery.shop. Online Gallery will grant the request for termination of registration within 5 working days after receiving the request by Registered User.
b) Online Gallery is entitled to terminate registration of User by a notice delivered to User by e-mail or post being effective on the day of delivery of such a notice in case that Registered User breached these Business Terms or legal regulations of the Czech Republic or by his actions he damages reputation of Online Gallery or a third person, or due to the reason stated in art.3.4.
c) Online Gallery is also entitled to terminate providing Services of ONLINE GALLERY by making the web portal www.onlinegallery.shop unavailable. Termination of registration does not affect the right of Online Gallery for compensation of damage, commission or other claims arisen prior to termination of registration. User whose registration has been terminated by Online Gallery is not entitled to re-register for the purpose of using Services of ONLINE GALLERY.
3.4 Verification of registration information - in the case of doubts over the veracity of information provided upon registration, Online Gallery is entitled to ask User to prove accuracy and truthfulness of this information. Should User fail to comply with this appeal within the period of time set by Online Gallery, Online Gallery is entitled to cancel the User's registration pursuant to art.čl.3.3.b).
3.5 Availability of the web portal www.onlinegallery.shop - the web portal www.onlinegallery.shop is open to public and free of charge through the internet. Online Gallery has the right to shut down the web portal www.onlinegallery.shopat at any time, particularly for maintenance and updating of the content. Registered User takes into account that User Account does not have to be available continuously, especially in relation with necessary maintenance of hardware and software equipment of ONLINE GALLERY, or necessary maintenance of hardware and software equipment of third parties.

4. Sale/Purchase of Artwork by means of the web portal www.onlinegallery.shop

4.1. Online Gallery mediates sale of Artwork on the basis of Agency Contract
of Registered Users - Authors by means of the web portal www.onlinegallery.shop for Purchasing Price stated in Presentation of Artwork and for the commission for Online Gallery in the amount of 30% of Purchasing Price for what the Artwork has been sold. The commission includes VAT in the amount of 21%. The commission for Online Gallery in accordance with the previous sentence has to be settled by Registered User - Seller, who sold the Artwork. The right for commission for the benefit of Online Gallery arises by conclusion of Sale Contract on condition that Registered User - Buyer does not withdraw from Sale Contract pursuant to art.1.1.16 of Business Terms. In such a case Online Gallery is entitled to claim this amount as receivable from Author for the purpose of settling the commission against the receivable of Author for settling Purchase Price, and to reduce Purchase Price by the amount of the commission. Agency Contract is concluded for the duration of Presentation of Artwork for the purpose of sale for the Price stated by Registered User - Author on www.onlinegallery.shop.
4.2. Withdrawal from Agency Contract: Agency Contract for the purpose of sale of a specific Artwork is terminated at the moment of withdrawal from the contract that can be done at any time, if the following conditions are met:
a) by written notice addressed to Online Gallery, including removal of Presentation of Artwork from the web portal www.onlinegallery.shop by Registered User - Author
b) by written notice by Online Gallery, including removal of Presentation of Artwork from the web portal www.onlinegallery.shop by Online Gallery in compliance with these Business Terms, or
c) by written notice by Online Gallery, including termination of User Registration on www.onlinegallery.shop made by Online Gallery in case that Online Gallery got entitled to terminate Registration of User - Author of Artwork in compliance with these Business Terms or if Registered User asked Online Gallery to do so in compliance with these Business Terms.
4.3. Sale of Artwork for fixed price - If Registered User - Author created Artwork Presentation on the web portal www.onlinegallery.shop, he stated Purchasing Price of Artwork and concluded Agency Contract with Online Gallery, the Artwork is meant for sale on the web portal www.onlinegallery.shop. Registered Users other than Author of Artwork are authorized to purchase the Artwork on the basis of Order of Artwork for the Price stated in Presentation of Artwork. Purchasing Price is due to payment by means of payment card by Registered User - Buyer after submitting Order of Artwork without any delay to the account of Online Gallery. After settling Purchase Price, Registered User - Author is invited by e-mail to deliver Artwork to Online Gallery. After Delivery of Artwork, Online Gallery will Hand over Artwork to Registered User - Buyer at the Online Gallery office or it will deliver it to the address of Registered User - Buyer on his expenses. After Handing over of Artwork, Registered User - Buyer has 5 working days to Withdraw from Sale Contract. If he does not use this right, Purchase Price will be released to Registered User - Seller in accordance with Trust Contract within 5 working days after deducting commission to Online Gallery for mediation of sale according to art. 4.1. or possible reward for re-sale according to art.4.6. If Registered User - Buyer uses his right to Withdraw from Sale Contract and returns Artwork in due time to the office address of Online Gallery, he will get back Purchasing Price within 5 working days.
4.4. Defects of Handed over Artwork - Solely Registered User - Author who sold the Artwork on the web portal www.onlinegallery.shop is liable for Defects of Handed over Artwork. Rights arising from liability for defects of Artwork are governed by provisions of § 2099 and the following of Act 89/2012 Coll., of the Civil Code, but in case of obvious defects of Handed over Artwork that could be detected during examination after Handing over of Artwork, Registered User - Buyer has only the right to withdraw from Sale Contract in compliance with art.1.1.16. In case of other than obvious defects the rights arising from liability for defects of Artwork are governed by the Civil Code and Registered User - Buyer lays his claim at Online Gallery as an agent of Author after finding out without undue delay, but no later than 2 years after Handing over of Artwork.
4.5. Expenses - Expenses on internet connection that is necessary for using Services of Online Gallery are covered by User. Registered User covers also expenses of Delivery of Artwork, unless he delivers it in person to the office of Online Gallery or expenses of Handing over of Artwork, unless he picks it up in person at the office of Online Gallery.
4.6. Right to reward for re-sale of original Artwork
4.6.1. If original Artwork, that has been transferred by author to the ownership of another person, is sold again through Online Gallery for purchase price of EUR 1,500 or higher, the author has right to reward in relation with (every other) re-sale of Artwork pursuant to § 24 of the Copyright Act, Act No. 121/2000 Coll. as set in an annex 1 to the Copyright Act.
a) 4% from the purchase price up to 50,000 EUR,
b) 3% from the purchase price over 50,000 EUR up to 200,000 EUR,
c) 1% from the purchase price over 200,000 EUR up to 350,000 EUR,
d) 0,5 % from the purchase price over 350,000 EUR up to 500,000 EUR,
e) 0,25 % from the purchase price over 500,000 EUR.
The total amount of the reward however must not exceed 12,500 EUR. The right to reward does not apply to the first re-sale if Registered User - Seller obtained the original Artwork directly from the author less than three years prior to this re-sale and the price of the original Artwork is not higher than EUR 10,000.
4.6.2. As original Artwork for the purpose of art.4.6. it is understood a work of art, especially a picture, drawing, painting, collage or other work of graphic art produced by the actual artist, or reproductions that are considered to be original work of art. Reproductions regarded as original works of art are such reproductions that are produced in a limited series by the artist himself or under his supervision, and are numbered, signed or otherwise declared genuine by the artist.
4.6.3. The persons liable to pay reward to the relevant collective administrator are Registered User - Seller and Online Gallery jointly and severally in compliance with the Copyright Act. Therefore, Registered User - Seller is obliged to pay this reward to Online Gallery. The reward will be deducted from Purchase Price. Online Gallery is liable to pay the reward for re-sale to collective administrator.
4.6.4. Online Gallery will charge Registered User - Seller the reward for every re-sale of original Artwork by Registered User - Seller in case the purchase price is EUR 1,500 and higher. If Registered User - Seller proves by a written sworn statement at Delivery of Artwork that the conditions of § 24 of the Copyright Act (Act No. 121/2000 Coll.) do not apply, e.g. that the Seller purchased the picture directly from the artist less than three years before such re-sale and that the Purchase Price of original Artwork in re-sale does not exceed EUR 10,000, then Online Gallery will reimburse the part of Purchase Price equivalent to the reward for re-sale in compliance with čl.4.3.

5. Settlement of disputes

5.1. Agency Contract and Trust Contract including Business Terms and all relations arising from them as well as other relations arising between Registered User and Online Gallery with regards of using the web portal www.onlinegallery.shop are governed by legislation of the Czech Republic, especially the Civil Code, Act No.89/2012 Coll. and the Copyright Act No.121/2000 Coll.
5.2. User has right to out-of-court settlement of a consumer dispute that emerged in relation with using Services of ONLINE GALLERY, as follows:
a) at the Czech Trade Inspection Authority (Česká obchodní inspekce - www.coi.cz). User can turn to the Czech Trade Inspection Authority up to 1 year after laying his claim unsuccessfully at Online Gallery, only if he had settled the commission for Services of Online Gallery.
b) by using online platform for dispute settlements on the internet address: http://ec.europa.eu/consumers/odr
5.3. All property disputes between Online Gallery and Registered User arising from or related to Agency Contract of Trust Contract or arising from using the web portal www.onlinegallery.shop, unless settled out-of-court, will be resolved according to the law of the Czech Republic before a competent court of the Czech Republic.
5.4. Performance of duties of Online Gallery in compliance with the Trade licensing Act No.455/1991 Coll. is supervised by the Trade licensing Office. Compliance with personal data protection of Registered Users is supervised by the Office for the Protection of Personal Information.

6. Mailing

Registered User agrees on mailing to his e-mail address provided to Online Gallery within Registration of User.

7. Final provisions

Online Gallery is entitled to change Business Terms; a new version of Business Terms is therefore used as follows:
- for Agency Contracts concluded after the entry into force of new Business Terms.
- for Orders of Artwork placed after the entry into force of new Business Terms.
- for Trust Contracts concluded after the entry into force of new Business Terms.
Online Gallery is obliged to notify Registered Users by e-mail 30 working days in advance of the fact that Business Terms are about to be changed and then send them the new version. Should Registered User does not agree with the new version of Business Terms, he has right to cancel his registration within 15 working days after receiving e-mail containing new Business Terms, however this does not affect the right of Online Gallery to be reimbursed by Registered User of all receivables emerged during the effectivity of Agency Contract or Registration of Registered User. If Registered User after receiving e-mail with a new version of Business Terms will not cancel his registration on www.onlinegallery.shop within 15 working days and keeps on using Services of ONLINE GALLERY, he expresses thus his implied consent with the new version of Business Terms.

In Prague, on 1st of March 2019

Art of All s.r.o.
Marcel Sítník, Managing director

 


 
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