Commercial terms and conditions
- Introductory Provisions
- Virtual gallery Almondarte (hereinafter “Almondarte”) provides services in the field of sales and exhibitions of paintings and photographs (hereinafter “artworks”), through its Internet portal www.almondarte.com
- Almondarte provides:
- Internet sales of artworks on its website www.almondarte.com
- Curating, installation, exhibition and sale of artworks in selected areas, such as coffee bars, restaurants, public buildings, banks etc.
- The operator of the virtual gallery Almondarte is Mr. Miroslav Mráz, business address U družstva Život 894/16, 140 00, Praha - Nusle, Business No. 01844725 (hereinafter the “Seller”).
- Almondarte provides sales of artworks through its internet portal www.almondarte.com or a direct sale of artworks at the places, where they are displayed.
- Commercial terms and conditions specify mutual rights and obligations of the contracting parties, resulting from the Purchase Agreement (hereinafter “Purchase Agreement”) concluded between the Seller and any other natural or legal person (hereinafter the “Buyer”) through the online store of the Seller. Commercial terms and conditions do not include cases, when a person who intends to buy some artworks from the Seller, orders these artworks within his business activities.
- Provisions, which differ from the commercial terms, can be agreed in the Purchase Contract. Different arrangements in the Purchase Contract shall prevail over the established commercial terms.
- Commercial terms and conditions are an integral part of the Purchase Contract. The Purchase Contract and commercial terms are written in the Czech language. The Purchase Contract shall be concluded in the Czech language.
- The Seller may modify or supplement the text of the commercial terms. This provision shall not prejudice any rights and obligations arising from the period, when the previous version of commercial terms has been effective.
- Order and Concluding the Purchase Contract
- The Buyer orders an artwork, which is displayed on the website www.almondarte.com through its web application, which allows to select an artwork, its quantity and price, way of delivery, payment and to fill in all information for the order, which the Seller marked as obligatory ones. The Buyer is obliged to provide properly and truthfully all required information. The Seller considers all information provided by Buyer as true. The order is completed, when the Seller issues an order form and the Buyer confirms the order.
- Submitting the order, the Buyer declares that he firmly orders the listed artworks from the Seller; he is familiar with the commercial terms and conditions, he agrees with them and considers them as obligatory ones.
- According to the commercial terms, Buyer’s order is considered as a proposal for concluding the Purchase Contract of the artworks listed in the order.
- All offers for selling the artworks, which are displayed on the website of Almondarte, are non-binding ones and the Seller is not obliged to conclude the Purchase Contract regarding these products. The Seller does not guarantee availability of the ordered artwork at the moment of submitting the order. About availability and a possible date of delivery of the artwork, the Buyer shall be informed within 3 days since receiving the order in the Buyer’s email address. The Buyer shall confirm if he agrees with the date of delivery of the artwork.
- The Purchase Contract of the artwork listed in the order is concluded between the Buyer and the Seller at the moment of confirmation of the order by Seller to the email address of the Buyer, specifying the date of availability or more precisely the date of delivery. The Purchase Contract is concluded in the Czech language.
- Concluding the Purchase Contract, the Seller is obliged to deliver the artwork specified in the order within the agreed deadline, according to the commercial terms and to the address specified in the order, and the Buyer is obliged to take over the delivered artwork from the Seller, or from a courier chosen by the Seller and to pay the purchase price for the artwork, which is specified in the order.
- The Buyer is aware that the Seller is not obliged to conclude the Purchase Contract, especially with those people, who have considerable broken the Purchase Contract (including the commercial terms).
- The Buyer agrees with using the means of distance communication for concluding the Purchase Contract. Costs incurred by the Buyer for using these means of distance communication for concluding the Purchase Contract (costs of the internet access, telephone costs etc.) shall be paid by the Buyer.
- Payment Terms
- Price of the artwork and possible costs of delivering the artwork according to the Purchase Contract shall be paid by the Buyer to the Seller by following ways:
- Cashless payment - by credit card using the payment portal on the website www.almondarte.com;
- Bank transfer or bank deposit to the Seller’s account 262100191/0300 (for payments in CZK) or 262100300/0300 (for payments in EUR) in the bank Československá obchodní banka, a.s.;
- Cash on delivery at the address specified by the Buyer in the order.
- Payment method and currency (CZK or EUR) shall be specified by the Buyer in the order.
- Except the purchase price, the Buyer is obliged to pay to the Seller also the costs associated with packing and delivering of the goods. Unless it is stated otherwise, it is comprehended as purchase price and costs associated with delivering the goods.
- In case of payment in cash or payment on delivery, the purchase price is due upon receipt of the goods. In case of cashless payment, the purchase price is due within 3 days since concluding the Purchase Contract.
- In case of cashless payment, the Buyer shall pay the purchase price with marking the variable symbol of the payment, which has received from the Seller. In case of cashless payment, the duty of the Buyer is paid at the moment when the Seller receives the corresponding amount on his bank account.
- Seller is entitled to demand a payment of the full purchase price before even sending the artwork to the Buyer.
- Seller shall issue to the Buyer a tax receipt about the payment specified in the Purchase Contract. The tax receipt shall be issued after receiving the full amount of the payment and the Seller will send it electronically to the email address of the Buyer.
- Delivery and Shipping Conditions
- The artwork, which is not at the time of submitting the order somewhere installed, is shipped within 5 working days since receiving the purchase price, unless it is agreed otherwise.
- The artwork, which is at the time of submitting the order somewhere installed, is shipped according to the agreed conditions in the confirmation of the order.
- Delivery of the artwork is, according to these commercial terms, the moment of the delivery of the artwork to the Buyer in accordance with the Purchase Contract. Unjustified refusal to take over the artwork by the Buyer is not considered as non-fulfillment to deliver the artwork by the Seller.
- Ownership of the rights to the artwork passes to the Buyer at the moment of receiving the full payment of the purchase price by following ways:
a) In case of payment by credit card by using the payment portal on website www.almondarte.com, it is a moment of receiving the full purchase price on the Seller’s bank account;
b) In case of payment on delivery, it is a moment of paying the full purchase price to the courier;
c) In case of payment by transfer/ bank deposit to the Seller’s bank account, it is a moment of receiving the full purchase price on the Seller’s bank account;
- Methods of shipping the artwork:
Business package – Czech Post – payment in advance
Package service – payment in advance
- Shipping costs for delivering the artwork within the Czech Republic is charged according to the current postage rates of the courier and it varies according to the weight and dimensions of the ordered artwork. About the shipping costs the Buyer is informed when he is ordering the artwork.
- If the Buyer does not take over the artwork on delivery, the Seller is entitles to charge a storage fee of 50 CZK per day and even withdraw from the Purchase Contract
- In case there are some reasons for which the goods have to be delivered to the Buyer repeatedly or by other way than it has been specified in the order, the Buyer is obliged to pay costs associated with the repeated delivery of the goods or costs associated with another delivery method.
- When the Buyer is taking over the goods, he is obliged to check the integrity of the package and if there are any defects, he shall immediately notify the courier. If the Buyer finds the package as damaged or there might have been an unauthorized intrusion into the package, he is entitled not to take over the package from the courier. If the Buyer signs a delivery note, he confirms that the package has met all the terms and conditions, and any further claims regarding a damaged package will be accepted.
- Warranty and Claims
- The rights and obligations of the contracting parties regarding the liability of the Seller for defects, including his warranty responsibility, shall be followed by the relevant legislation (in particular by provisions of the Civil Code).
- The Seller is responsible to the Buyer for ensuring that the selling artwork is in accordance with the Purchase Contract, in particular that the artwork during its taking over is without any defects. Conformity with the Purchase Contract means that the selling artwork has the quality and features required by the contract, by the Seller, or his representative, or is in accordance with the expectation from an advertisement, or with the quality and features, which are common for any similar kinds of goods; it meets requirements of legislation, it is in the corresponding quantity, measure or weight and it meets the purpose for which the Seller is stating the goods are or for which they are normally used.
- In case the artwork has a defect during its taking over, the Buyer may request delivery of a new artwork without any defects, unless it is disproportionate to the character of the defect, but if the defect forms just a part of the artwork, the Buyer may request to replace just this part; if it is not possible, he can withdraw from the contract. However, if it is disproportionate to the character of the defect, especially if it is possible to repair the defect without undue delay, the Buyer has right to repair it for free. The Buyer has right to get delivered a new artwork, or to get replaced its part even if a defect is removable and he cannot properly use the artwork for repeated occurrence of a defect after its repair or for more defects. In this case, the Buyer has right to withdraw from the contract. If the Buyer does not withdraw from the contract, or he does not apply his right to get a new artwork without any defects, or to replace or to repair its part, he may request a reasonable discount. The Buyer is also entitled to get an adequate discount when the Seller cannot give him a new artwork without defects, or to replace its part or to repair it, as well as in case, when the Seller does not solve problems with the artwork within a reasonable time period or its repair would cause substantial difficulties to the Buyer.
- The Buyer cannot withdraw from the contract nor request a new artwork if he cannot return the artwork to the state as he received it.
- The Buyer undertakes to handle with the artwork to avoid any damage. In particular, he shall ensure its protection against weather, extreme temperatures, moisture and mechanical damage. The Seller is not responsible for any defects caused by further adjustment of the artwork, such as framing, glazing, installation, transportation etc.
- Rights of the Buyer arising from the liability of the seller for defects, including the warranty liability of the Seller, the Buyer applies from the Seller at his business address or website (Art. IX).
- Withdrawal from the Contract
- The Buyer is entitled to withdraw from the Purchase Contract within 14 day since receiving the artwork and without giving any reasons. The oficial form for withdrawal is available on the website of Almondarte.
- If the Buyer withdraws from the contract, he is obliged to send the artwork back to the Seller without any undue delay and no later than 14 days since withdrawing the contract and to the address mentioned below, see Art. IX.
- When the Buyer is returning the artwork, he is obliged to pack it to the suitable package to avoid its damage or destruction. For the damaged or destroyed artwork due to its transportation, the purchase price cannot be refunded.
- Costs associated with the delivery of the artwork back to the Seller are paid by the Buyer.
- If the Buyer withdraws from the contract, the Seller is obliged to return to the Buyer, without any undue delay and no later than 14 days since receiving the withdrawal, all the money including costs for delivering, which he received according to the contract. He shall return it the same way as he received it. The Seller returns the money to the Buyer other way only if the Buyer agrees with that and it does not incur him additional costs.
- If the Buyer has chosen different than the cheapest way of delivering the artwork, which the Seller offers, the Seller will return to the Buyer only the costs, which correspond to the cheapest way of delivering the artwork.
- The Seller is not obliged to return received money to the Buyer until he receives the artwork or the Buyer demonstrates him that he has already sent the artwork back to the Seller.
- Out of Court Dispute Resolution
Out of court dispute resolution is a system, which allows to resolute a dispute alternatively, i.e. by other than judicial way. The Buyer can contact any of the organizations, which are dealing with the consumer protection (e.g. Consumer Protection Association, Association of the Czech Consumers, Civil Association of Consumers TEST etc.), then it is possible to go to arbitration courts, e.g. the Arbitration Court attached to the Economic and Agricultural Chamber of the Czech Republic, Association of Mediators etc., or directly to the Ministry of Industry and Trade of the Czech Republic.
- Protection of Personal Data
- Protection of personal data of the Buyer, which is a natural person, follows the Act No. 101/2000 Coll. on Protection of Personal Data, as amended.
- The Buyer agrees with processing the following personal data: name and surname, address, business number, tax identification number, email and telephone number (hereinafter “personal data”).
- The Buyer agrees with processing the personal data by the Seller, for the purpose of following the rights and obligations of the Purchase Contract, sending information and commercial messages of the Seller.
- The Buyer is aware that he is obliged to present his personal data (for the registration, user’s account, order) correctly and truthfully, and he is obliged to inform the Seller about any change of the personal data without undue delay.
- Processing of the personal data of the Buyer can be done by a third person appointed by the Seller. Except the people, who are delivering goods, the personal data cannot be passed to any other third people without a previous consent of the Buyer.
- Personal data shall be processed for an indefinite period of time. Personal data shall be processed electronically by automated manner.
- The Buyer confirms that the given personal data are accurate and he is aware that it is a voluntary provision of this information. The Buyer declares that he has been informed that he can cancel his consent for processing his personal data by written notification sent to the address of the Seller.
- In case the Buyer would assume that the Seller or a person, who has been processing his personal data, has done it in contradiction to the protection of private and personal life of the Buyer, or in contradiction to the law, especially if the personal data are inaccurate with regard to the purpose of processing, he may:
- ask the Seller or a person, who has been processing his personal data for an explanation,
- require that the Seller or a person, who has been processing his personal data, shall correct it. In particular, it can be blocking, correcting, adding or destroying of the personal data. If the Buyer’s request is justified, they shall do it immediately and without any undue delay. If they do not comply with the Buyer’s request, the Buyer can appeal directly to the Office for Personal Data Protection. This provision shall not affect the Buyer’s right to take his initiative directly to the Office for Personal Data Protection.
- If the Buyer asks for information about processing of his personal data, the Seller is obliged to provide him with it. Based on preceding sentence, if the Seller provides it, he can asks for a reasonable compensation, which shall not exceed necessary costs for providing this information.
- The Buyer agrees with receiving information related to goods, services or a company itself of the Seller to his email address and also agrees with receiving commercial information from the Seller to the Buyer’s email address.
- Final Provisions
- If the relationship related with the use of the website or a legal relationship based on the Purchase Contract includes an international (foreign) element, then the parties agree that it shall be governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
- The Seller is entitled to sell the goods on the basis of a trade license and his activity is not a subject to any other permissions. Inspection shall be carried out by authority of the corresponding Licensing Office.
- If any provision of the commercial terms and conditions is invalid or unenforceable, or it will become, it shall be substituted by a provision, which is as close as possible. The invalidity or unenforceability of one provision does not affect validity of other provisions. Amendments or supplements to the Purchase Contract require a written form.
- The Purchase Contract, including commercial terms and conditions, is archived by the Seller in electronic form and is not accessible.
- Contact information of the Seller: address for sending Lesná 18, 900 44, Tomášov, the Slovak Republic, email address firstname.lastname@example.org, phone number 420 604 116 899.
These commercial terms and conditions are valid since 1st of November 2013.