BUSINESS TERMS AND CONDITIONS
1. Introductory provisions
1.1. These Business Terms and Conditions regulate the relations between these contractual parties, i.e. between ArtJungle ltd., ID: 07366221 with offices registered in Prague 2 - Vinohrady, Sarajevská 1016/8, postcode 120 00, registered under the file number C 29871, recognized by the Municipal Court in Prague as the operator of the online gallery www.origoo.cz (hereinafter referred to as "the Operator"), the customer of the online gallery as the Buyer (hereinafter referred to as the "Buyer") and the creator of the artwork as the Seller (hereinafter referred to as the "Seller").
1.2. The buyer is either a natural or a legal person that is purchasing goods via the online gallery. Seller is a natural person, a creator of a specific work of art displayed on the website www.origoo.cz.
1.3. The operator manages an online sales gallery located on the website www.origoo.cz, which mediates the sale of exhibited works of art and other objects of the artists' mentioned on the site.
1.4. The works exhibited in the online gallery are partly owned by the Operator, partly sold through consignment sales, and in part owned by the exhibited artists. Sale of artworks which are not owned by the Operator are only mediated by The Operator. On the basis of contracts with individual authors, the Operator concludes a purchase contract with the customers on the account of the individual author of the artworks displayed on the website www.origoo.cz.
1.5. The Operator is authorized by each author to perform all tasks necessary for the sale of the works exhibited, in particular he/she is entitled to: exhibit works, provide visitors with information on said works, allow the Buyer to make an order through the website www.origoo.cz, confirm the Buyer's order and compose a contract with the Seller on the account of the Buyer, in addition he/she is also allowed to collect the purchase price for the artwork, ensure the transportation of the ordered works of art, ensure communication with the Buyer and handle any reclaims or withdrawals by the Buyer or withdraw from the contract for the reasons set forth below.
2. Concluding a Contract and Agreeing to the Terms and Conditions
2.1. Placement of the offered goods on the website www.origoo.cz works as a proposal for the conclusion of the purchase contract (offer).
2.2. The contractual relationship is established by the delivery of the order (stating its acceptance) by the Operator, which is sent to the Buyer's email address listed on the order.
2.3. The resulting contract can be changed or canceled only on the basis of the Buyer's and the Operator's agreement.
2.4. By sending an order, the Buyer acknowledges that when the order is sent, the work in question may not be available for sale by the Seller - an artist outside the online gallery www.origoo.cz.
2.5. Availability of the ordered work must be confirmed by the Operator to the Buyer no later than 3 days after the delivery of the order to the Operator. The Operator is entitled to withdraw from the contract if the work is not available at the time of sending the order due to its previous sale by the Seller - the author of the work. In case the Buyer has already paid the purchase price (or in agreement with the Operator its part), this amount will be returned to him within the maximum period of 7 days.
2.6. The goods displayed on the www.origoo.cz website as “On Exhibition” are not available for purchase at that moment. The Buyer may reserve such artwork upon a written agreement with the Operator.
2.7. By submitting an order, the Buyer agrees to the Terms and Conditions.
3. Subject of the purchase agreement and copyright
3.1. The author of the artwork or a design object displayed in the online gallery www.origoo.cz is always the author listed by the artwork.
3.2. If the artwork exhibited in the "Art" section does not indicate that the work exists in multiple copies, it means it is an original piece.
3.3. The Seller hereby grants the Buyer the consent to use the Artwork for exhibition, rent and sale in a manner that does not diminish the value of the work.
3.4. Visitor of the online gallery acknowledges that the texts, photographs, graphics and other elements displayed on the website may be individually and/or collectively (hereinafter referred to as "copyright works") protected by copyright. Databases found on a website or available within the service are protected by a special right of the database maker. Unless otherwise agreed in writing with the Provider, the use of author's original works may only take place within the scope and the manner established by the applicable law. In particular, the User is not allowed to use the artworks displayed in order to create their reproductions (copy) for the purpose of gaining direct or indirect economic or commercial benefits, furthermore the use of the artworks in the form of dissemination, lending, exhibiting or communicating said works to the public (including public communication via the Internet) is prohibited.
4. Product price
4.1. The purchase price is valid and final. In case of other provided services related to the sale of goods of the internet shop www.origoo.cz (such as transport), this price will be added to the product price (the purchase price and any other services are hereinafter referred to collectively as the "Final price"). The operator is not a VAT payer. The final price is displayed to the Buyer in the last step of the order.
4.2. The Operator reserves the right to change the content displayed in the online gallery www.origoo.cz and the prices of the works offered. A change of the product price is not possible after the purchase contract has been concluded.
5. Payment terms
5.1. The Buyer is authorized to pay the Final price for the goods in the following ways: (i) by a credit card, or (ii) via bank transfer.
5.2. When a payment is made by a credit card, the Buyer will be redirected to a third party server of the payment terminal Global Payments Europe, s.r.o., company registration number: 27088936, where they will be asked to enter their credit card details. After the payment, the Operator will send a receipt of the payment to the Buyer and the purchase price will be deducted from the Buyer's bank account.
5.3. Payment via bank transfer will be made by the Buyer to the following account of the Operator:
the variable number is always same as the order number.
International payment:for payments in CZK IBAN: CZ46 2700 0000 0011 2859 6004
name of the account holder: Ján Gajdušek
5.4. The Buyer is required to pay the Final Price within a 7 days period following the placement of the order. The purchase price is deemed to have been paid on the day it was credited to the Operator's bank account. If the Final Price is not paid, the Buyer's Purchase Order (Purchase Agreement) is terminated.
5.5. In case the Operator withdraws from the purchase contract due to the unavailability of the goods as described in Art. 2.4 with regards to an order that has already been paid for by the Buyer, the Operator is obliged to ensure the return of the received purchase price within a 7 days period following the rejection of the order.
6.1. Artworks worth more than 2 000 CZK and shipped within the Czech Republic are free of charge. For the price of other transportation (artworks worth less than 2000 CZK or with delivery abroad) see the price list here.
6.2. The goods will be delivered by The Carrier (TNT Express Worldwide ltd., Company registration number: 15888959, Direct Parcel Distribution CZ ltd., Company registration number: 61329266) to the Buyer within the next 10 working days following the receipt of the Final price payment on the on the bank account of the Operator.
6.3. The Operator is not responsible for any damages (damages to the goods, delayed delivery to the Buyer's address) caused by breaching of duty on the side of the Carrier during the delivery of the goods to the Buyer. The goods transported are insured according to the conditions of the Carrier.
6.4. In the event that the goods are transported by any other means than by the Carrier and the process specified in Article 6 of the Terms and Conditions, the Buyer shall take all the responsibility for the costs of such transportation (self transportation). Neither the Operator, nor the Seller are responsible for the shipped goods after its proper handover to the carrier selected by the Buyer.
6.5. In the event that the goods have to be delivered repeatedly on the account of the Buyer or in a different manner than listed on the order, the Buyer is obliged to pay any costs associated with the repeated delivery of the artwork or the costs resulting from the different means of delivery.
7.1. The Operator is responsible for the fact that when the Buyer takes over the goods it is without any defects and in accordance with the purchase contract.
7.2. Neither the Operator nor the Seller are liable for defects resulting from improper installation or other unprofessional handling of the goods.
7.3. The Buyer does not have the right of defective performance in the event that he/she knew about the defect during the takeover or if he/she were the ones to cause it.
7.4. In case the Buyer takes over goods that have been damaged during transportation (the shipment was damaged), the complaint will be resolved directly with the Carrier. The Buyer should take pictures of the damages so that they are apparent in the photos and send them to the email address email@example.com. In case the damages were caused during transportation, the Buyer does not send the goods back to the Operator (see Section 6.7 of the Terms and Conditions).
7.5. The buyer is entitled to claim the right of defect of the goods within the statutory time, i.e. 24 months following the receipt of the goods. This warranty does not apply to wear and tear caused by common use.
7.6. The Buyer is obliged to file a claim immediately after he/she discovers the defect and send the properly packaged goods to the address of the Operator: Art Jungle ltd., Prague 2 - Vinohrady, Sarajevská 1016/8, postcode 120 00. The Buyer will enclose a copy of the invoice.
7.7. The Buyer is responsible for the cost of transportation of the claimed goods. If the Buyer returns the goods by post, he is obliged to insure the consignment to the same extent as when it was being delivered to him. The Buyer is obligated to properly pack the Artwork according to the Wrapping Instructions in the appendix of the Business Terms and Conditions.
7.8. Complaints will be handled by the Operator within a 30-day statutory time limit. If the goods cannot be repaired or replaced due to their unique nature, the Operator will return the Final Price to the Purchaser's account.
7.9. The Operator will inform the Buyer using his email address listed on the order about the means by which the claim was handled.
8. Withdrawal from the Purchase Agreement by the Buyer - customer
8.1. The buyer, having the status of a consumer, has the right to withdraw from the purchase contract without giving any reason and without any sanctions within the period of 14 days following the delivery of the goods. In such cases, the Buyer shall bear the cost of returning the goods.
8.2. If the artwork is being returned, the Buyer is obliged to pack it in such a way as to avoid any damages during transportation, at least in the manner in which they were delivered to him (see Instructions for packaging of the work in appendix no.1 of the Terms and Conditions). The Operator only accepts undamaged and complete works.
8.3. The Buyer will send the properly packaged goods to the address of the Operator: Prague 2 - Vinohrady, Sarajevská 1016/8, Post Code 120 00. A copy of the invoice must be attached to the goods. Returned goods cannot be sent by cash on delivery. The Purchase price will be returned to the Buyer's account within the period of 14 days following the withdrawal from the Purchase Agreement.
8.4. A Buyer who is not a consumer is entitled to withdraw from the contract only for legitimate reasons.
9. Withdrawal from the Purchase Agreement by the Operator
9.1. The Operator reserves the right to withdraw from the Purchase Agreement in cases where it is not possible to deliver the ordered work under the terms agreed in the Purchase Agreement (the displayed work has been sold by the Seller outside the online gallery).
9.2. If the Operator withdraws from the purchase agreement, he/she is obliged to immediately inform the Buyer via email to the address stated in the order. Furthermore, he/she is obliged to return without any undue delay the Final price of the goods to the Buyer, if it has been already paid.
9.3. In the event of a violation of the Purchase Agreement or the Business Terms and Conditions by the Buyer, the Operator reserves the right to withdraw from the Purchase Agreement. In such cases, the Buyer will reimburse the Operator for all costs associated with his order, in particular the cost of transportation of the goods if he/she did not accept it.
10. Final Provisions
10.1. These Business Terms and Conditions form an integral part of the Purchase Agreement and govern the mutual rights and obligations of the parties based on the Purchase Agreement, unless they are modified by agreement between the parties in the Purchase Agreement or any other written agreement.
10.2. Should any of these Terms and Conditions be invalid or ineffective for any reason, this shall not invalidate any other part of the Terms and Conditions or the Purchase Agreement.
10.3. The Business Terms and Conditions may be amended or adjusted by the Operator, the amended Business Terms and Conditions shall be effective on the date of their publication. The Rights and Obligations of the Operator and the Buyer created prior to the effective date of the new Business Terms and Conditions are not affected by the change in the Terms and Conditions.
10.4. In the event of a dispute between the Buyer as a consumer and the Operator, the consumer may also opt for the possibility of an out-of-court settlement of such dispute. In this case, the consumer may contact the body of the out-of-court dispute resolution, which is theCzech Trade Inspection and follow the rules outlined there. More information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection. An alternative dispute resolution solution is also available through the on-line form at: https://webgate.ec.europa.eu/odr/.
10.5. The buyer agrees to use remote means of communication when concluding the purchase agreement. Costs incurred by the Buyer when using distance means of communication in connection with the conclusion of the purchase agreement (costs of Internet connection, costs of phone calls) shall be borne by the Buyer himself/herself.
10.6. Relationships not governed by these Business Terms and Conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended, Act No. 634/1992 Coll., On Consumer Protection, as amended, and Act No. 12/2000 Coll., Copyright Act, as amended.
10.7. The Protection of Personal Data of the Buyer is governed by a separate document titled Privacy and Data Protection Principles.
10.8. If a relationship based on a sales agreement contains an international (foreign) element, the parties agree that such a relationship is governed by the Czech law.
10.9. These Business Terms and Conditions become effective on August 20, 2018.
Annex no.1 - Packaging instructions
1. Check the integrity of the artwork.
2. Wrap the artwork at least twice, ideally in bubble wrap, and pay special attention to the area around corners.
3. For flat artworks such as a painting, add a cardboard to both sides of the painting.
4. Make sure that the packaging is solid enough so that any bending during transportation is avoided.
5. Secure the whole package using adhesive tape.
6. Make sure that everything fits together well - the contains of the package must be fixed in order to avoid any movements inside of the package.
7. Place a “fragile” sticker on the back and front side of the package or mark the package using said word.
8. Pass the package onto the courier
9. In case the artwork has any atypical shape that cannot be packed according to the instructions above, please, pack the artwork in the most suitable way in order to avoid any damage during transportation.
Thank you for your cooperation! Origoo