Terms and conditions of use of the services of the web portal www.originalgallery.com of Art of All s.r.o., with registered office:
46991654, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 172028
1. Introductory provisions
These Terms and Conditions govern the mutual rights and obligations of the parties arising from:
a) Mediation contract for mediation of the sale of the Artwork on the web portal www.originalgallery.com concluded between Original Gallery as the mediator and the Registered User - Author as the interested party for mediation of the sale of the Artwork.
b) Trust Agreements between Original Gallery as trustee, Registered User Sellerm and the Registered User Buyer on the terms of payment and payment of the Purchase Price for the Work sold on www.originalgallery.com.
The provisions of the Terms and Conditions are an integral part of the Brokerage and Trust Agreement.
Provisions deviating from these Terms and Conditions may be agreed in the Agency and Trust Agreement. Deviating provisions in the Agency and Trust Agreement shall prevail over the provisions of the Terms and Conditions.
The Terms and Conditions are drawn up in the Czech language. The Agency and Trust Agreement may be concluded in the Czech language. Since the above contracts are concluded by electronic means, the Registered User does not have access to them, but Original Gallery does archive them, this also applies to the Purchase Agreement.
1. Definitions of certain terms
Capitalized terms used in these Terms and Conditions have the following meanings in these Terms and ConditionsTerms, the Agency and Trust Agreement and the parties' communications with each other have the meanings set out below:
1.1.1 Original Gallery means Art of All Ltd: Háje nad Jizerou, Rybnice 100, Postal Code 51301, ID No.: 46991654, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 172028,
e-mail: firstname.lastname@example.org, which operates the web portal www.originalgallery.com
1.1.2. www.originalgallery.com - means the web portal www.originalgallery.com.
1.1.3. Original Gallery Services - these services mean:
a) virtual presentation of Works owned by the Registered User - Author, on the web portal www.originalgallery.com;
b) mediation of the sale of Works presented on www.originalgallery.com, on the basis of the Mediation Agreement concluded with Original Gallery.
c) mediation of viewing of the presented Works on www.originalgallery.com.
d) the possibility of purchasing the Works at the price set on www.originalgallery.com by the Registered User.
The use of the aforementioned Original Gallery Services is free of charge for Registered Users, except for the service under Article 1.1.3 b), the use of which is governed by the Intermediary Agreement under Article 1.1.11 of these Terms and Conditions.
1.1.4 User - means the designation for both Registered and Non-Registered Users.
1.1.5. Registered User - means a designation for a natural person who has filled in the registration data on https://originalgallery.com/registration in the range of first name, last name, address, telephone, e-mail, password, has selected the type of registration (1.1.6), has agreed to these Terms and Conditions and Original Gallery has created a User Account for him/her.
1.1.6 Registration Type - The User may choose any of the following registration types:
1) Author - this type of registration:
- Can be chosen by a natural person over 18 years of age with full legal capacity or by a person under 18 years of age with the consent of his/her legal representative or represented by his/her legal representative.
- The author or the owner of the Presented Work, who is not the author, but who is authorized to present the Work on www.originalgallery.com and to sell it, may choose.
- authorizes the Registered User to use the services referred to in Article 1.1.3 a-d) of these Terms and Conditions.
2) Collector - this type of registration:
- can be chosen by a natural person over 18 years of age with full legal capacity,
- entitles the Registered User to use the services listed in Article 1.1.3 (c), (d) of these Terms and Conditions - as a prospective purchaser of the Work.
1.1.7. User account - through it the Registered User is entitled to log in to www.originalgallery.com under a unique user name to use the Original Gallery Services; access to the User Account is secured by a user name and password.
1.1.8 Unregistered User - a natural person who has not registered at www.originalgallery.com, who is only authorized to view the content of the www.originalgallery.com web portal.
1.1.9 Work - only tangible works of art, in particular paintings, drawings, paintings, collages and sculptures, may be presented on www.originalgallery.com and sold/purchased.
1.1.10. Presentation of the Work. If he/she does not indicate the Purchase Price of the Work, the Work is not for sale, but only for presentation. If the Registered User-Author requests that the Work presented on www.originalgallery.com be subject to sale, he/she shall also fill in the Purchase Price for the Work in CZK and enter into an Intermediary Agreement with Original Gallery. The Registered User-Author is entitled to edit or delete the presentation of the Work at any time. The placement of the Presentation of the Work and its changes on www.originalgallery.com is subject to the approval of Original Gallery.
1.1.11. Intermediary Agreement - means the agreement between Original Gallery as an intermediary and the Registered User Author as an interested party for the intermediation of the sale of the Presented Work on www.originalgallery.com for a set Purchase Price to another Registered User, in consideration of a commission of 35% of the purchase price of the Work for Original Gallery. The mediation contract is concluded on the basis of the proposal of the Registered User - Author, which he makes within the Presentation of the Work.la by checking the box "I agree to allow Original Gallery to mediate the sale of this Work to a third party on the www.originalgallery.com for a fee of 35% of the Purchase Price of the Work and to negotiate such sale with the Purchaser on my behalf" and accepting such proposal by email, whereby Original Gallery approves the Presentation of the Work on www.originalgallery.com and agrees to facilitate the sale of said Work to a third party on the www.originalgallery.com website for a commission of 35% of the purchase price of the Work and to represent the Artist in such sale. The commission includes VAT.
1.1.12. Order of the Work - is an electronic order of the Work presented by the Registered User to the Author on www.originalgallery.com for the Purchase Price stated in the Presentation of the Work, made by another Registered User Buyer by clicking on the buy button and filling in the specified data. The details within the Order of the Work may be corrected before the order is submitted.
1.1.13. Delivery of the Work - means the delivery of the Work to the address of Art of All s.r.o., Háje nad Jizerou, Rybnice 100, post code 51301, by the Registered User - Seller at his own expense. The deadline for Delivery of the Work is 5 working days from the receipt of the notification of Original Gallery about the Order of the Work to the e-mail address of the Registered User - Seller. A report of the Delivery of the Work is drawn up and archived by Original Gallery together with a photo of the Work.
1.1.14. Delivery of the Work - means the delivery of the Work by Original Gallery on behalf of the Registered User Seller to the Registered User Buyer at Art of All Ltd, Háje nad Jizerou, Rybnice 100, Postal Code 51301 or delivery of the Work to the Registered User to the Purchaser at the Purchaser's expense and risk. A protocol is drawn up about the delivery of the Work, which Original Gallery archives together with a photo of the Work.
1.1.15. Purchase Agreement - means the Purchase Agreement for the sale of the Work at www.originalgallery.com, which is concluded between the Registered User Seller, the Author of the Work and the Registered User Buyerm on the basis of the Order of the Work made by it, at the time of the Handover of the Work to the Registered User Buyer. By delivering the Work to the Registered User Buyer, the Registered User Seller accepts the Work Order and the Registered User Buyer becomes the owner of the Work.
1.1.16. Withdrawal from the Purchase Contract - The Registered User Buyer is entitled to withdraw from the Purchase Contract within 5 workingdays after the Work has been handed over without giving any reason, by giving notice to the OriginalGallery as agent of the Registered User Seller to the email address email@example.com, but in order for the withdrawal to be effective, the Purchaser must return the Work undamaged at its own expense to: Art of All s.r.o., Háje nad Jizerou, Rybnice 100, postcode 51301. In the event of an effective withdrawal from the Purchase Agreement, the Registered User shall receive the Purchase Price of the Work back within 5 working days.
1.1.17. Purchase Price - means the purchase price of the Work in CZK (including VAT, if the Author is a VAT payer) indicated by the Registered User Author within the Presentation of the Work on www.originalgallery.com. The Author of the Work is not entitled to increase the final Purchase Price, which was indicated in the Presentation of the Work on the web portal www.originalgallery.com at the time of Ordering the Work by the Registered User by the Buyer.
1.1.18. Trust Agreement - means the agreement entered into between Original Gallery as trustee, the Registered User Seller and the Registeredm User Buyer at the Registered User Buyer's suggestion, which he/she does when Ordering the Work, by checking the text box: "I agree to allow Original Gallery to arrange payment of the Purchase Price of the Work to the Seller and acceptance of the Work from the Seller". This proposal is accepted by Original Gallery in the email confirming the Order of the Work to the Registered User by the Buyerto him, in which he agrees to transfer the paid Purchase Price of the Work less Original Gallery's commission, if applicable, to the Registered User after 5 working days from the Acceptance of the Work. the remuneration for the resale of the Work according to Article 4.6 The Author and the Registered User accepts Delivery of the Work by Original Gallery's request in an email to the Author to pay the Purchase Price within 5 working days after Delivery of the Work to the address of Original Gallery's registered office. The Trust Agreement is concluded for the period until the Purchase Price is paid by the Registered User to the Seller or the Purchase Price is returned by the Registered User to the Buyer in accordance with these Terms and Conditions. The Trust Agreement is concluded free of charge.
1.1.19. Registered User Seller is the designation for the Author who, in the context of the Presentation of the Work, by setting the Purchase Price the Work is intended for sale from the moment an Order for such Work is placed by another Registered User.
1.1.20. Registered User Buyer means the Registered User who has placed an Order for a Work.
1.1.21. Terms and Conditions means these Terms and Conditions of Use of www.originalgallery.com, which are available at https://originalgallery.com/obchodni-podminky.
2. Rights to the web portal www.originalgallery.com
2.1 The content of the www.originalgallery.com web portal, including the way it is arranged, i.e. in particular its texts, graphic files, interactive databases and design, are copyrighted works in which Original Gallery exercises all property rights and is protected by Law No. 121/2000 Coll., Copyright Act, as amended (Copyright Act). Any use of the content of www.originalgallery.com is only possible on the basis of a prior written license granted by Original Gallery for a specific use of the content of the www.originalgallery.com web portal.
2.2 License for Original Gallery - Registered users with the registration type - Author agree to display photographs of their Works on the web portal www.originalgallery.com and their inclusion in the database of the Works of the web portal www.originalgallery.com and for this purpose grant Original Gallery a royalty-free, non-exclusive license to display photographs of their Works on the web portal www.originalgallery.com, search engines, social networks and to include them in the database of Works maintained by Original Gallery.
2.3 Rights and Obligations of Users - The User undertakes in particular to use the web portal www.originalgallery.com:
▪ comply with the law, the Terms and Conditions and the Intermediary Agreement, if concluded with Original Gallery;
▪ not to interfere with the security, content or layout of the web portal www.originalgallery.com;
▪ not to interfere with those parts of the web portalwww.originalgallery.com that are not publicly accessible and not to access the User accounts of another Registered User;
▪ to provide true, current and undistorted information about his/her identity when registering on the web portal www.originalgallery.com and to update the information in the event of a change;
▪ to keep his User Account and the works displayed up to date (sale, not for sale or sold), in the case of sale of Original Gallery works that have been marked for sale on the web portal www.originalgallery.com and the author has failed to ensure that the work is updated in a timely manner stating that it is no longer for sale and the work is no longer in his possession, he is obliged to pay Original Gallery a contractual commission of 35% of the price of the work;
▪ keep his User Account and passwords to it secret and not to disclose them to other persons - (Original Gallery shall not be liable for any loss ofloss of the Registered User's passwords, unless it turns out that it was caused by Original Gallery's willful misconduct or conscious negligence);
▪ not to disclose your User Account to a third party or use the User Account of another User;
▪ not to present, offer, purchase Works whose creation, offer, sale, purchase is in violation of applicable laws. In particular, it is prohibited to offer:
a) Work that the User does not have the right to sell,
b) A Work whose creation infringes copyright,
c) Work intended to promote and disseminate the views of movements aimed at suppressing human rights and freedoms within the meaning of the criminal legislation in force in the Czech Republic,
d) A pornographic or violent work.
2.4 The right of Original Gallery to remove the presented Work - Original Gallery reserves the right to remove from the web portal www.originalgallery.com if the creation, presentation, offer or sale of the Work is or could be in violation of applicable law or could have a negative impact on the reputation of Original Gallery.
2.5 Violation of the rules of use of the web portal www.originalgallery.com, abuse report
a) Original Gallery:
▪ does not participate in the content of presentations of Registered Users, comments, discussion forums or groups appearing on the web portal www.originalgallery.com and accessible via the Internet, only provides space for their presentation and advertising, and therefore is not responsible for this content.
▪ is not responsible for the authenticity of the Works offered, nor for the truthfulness of the information provided by Registered Users about the Works, including who is the author or owner of the Work.
▪ is not responsible or liable for the performance of contracts and other agreements concluded between Users of the www.originalgallery.com web portal.
▪ is not responsible for the fact that the identity of the Registered User disclosed to Original Gallery on the basis of the data provided by the User during registration did not correspond to reality.
b) In the event of any suspected breach of law by the Registered User, Original Gallery is entitled to terminate the User's registration pursuant to Article 3.3 b) of the Terms and Conditions. In case of suspicion of a criminal offence committed by the User, Original Gallery will notify the law enforcement authorities.
c) Within the framework of the Abuse Report form located at https://online-gallery.shop/abuse, any Registered User may notify Original Gallery of a violation of the law, in particular of copyright or rightstrademark rights, or the Terms and Conditions, by any User of the www.originalgallery.com. Original Gallery will investigate such reported infringement and, if it finds a violation of the law or the Terms and Conditions, will arrange remedy in the manner set out in these Terms and Conditions, in particular by terminating the User's registration or removing the presentation of the Work on the web portal www.originalgallery.com.
3. User registration
3.1. registration through the web portal www.originalgallery.name, surname, home address, email address, telephone number and password, the User selects the Type of Registration and expressly accepts these Terms and Conditions. Upon registration, the Registered User will receive a User Account through which he/she can access his/her user interface. From his/her user interface, the Registered User can use the ORIGINAL GALLERY Services.
3.2 Change of registration data - The Registered User has access to his/her registration and login data. In the event of a change to the information provided during registration, the Registered User shall update such information without undue delay.
3.3 Termination of registration
a) The Registered User is entitled to request Original Gallery to delete his/her User Account without giving any reason by email to the following email address: firstname.lastname@example.org. Original Gallery shall comply with the request to terminate the registration within 5 working days of receipt of the Registered User's request.
b) Original Gallery shall be entitled to terminate the User's registration by notice delivered to the User by email or post, effective on the date of delivery of such notice, in the event ofif the Registered User has violated these Terms and Conditions or the laws of the Czech Republic, or if the Registered User's conduct is detrimental to Original Gallery or a third party, or for a reason pursuant to Art.3.4.
c) Original Gallery shall also have the right to terminate the provision of the ORIGINAL GALLERY Services entirely by terminating the availability of the www.originalgallery.com web portal. The termination of registration does not extinguish Original Gallery's right to compensation, commission or other claims arising prior to the termination of registration. A User whose registration has been cancelled by Original Gallery is not entitled to re-register to use the ORIGINAL GALLERY Services.
3.4 Verification of registration data - Original Gallery is entitled to ask the User to prove the accuracy and truthfulness of the data entered during registration in case of doubt. If this request is not complied with within the time specified by Original Gallery, Original Gallery is entitled to cancel the User's registration pursuant to Article 3.3.b).
3.5 Availability of the web portal www.originalgallery.com - The web portal www.originalgallery.com is publicly and free of charge accessible via the Internet. Original Gallery has the right to suspend the availability of the web portal www.originalgallery.com at any time, in particular for the purpose of correcting or updating its content. The Registered User acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software of ORIGINAL GALLERY, respectively. necessary maintenance of third party hardware and software.
4. Sale/purchase of Works via the web portal www.originalgallery.com
4.1 Original Gallery mediates the sale of the Works of the Registered Users of the Authors via the web portal www.originalgallery.com for the Purchase Price stated in the Presentation of the Work by the Author, in return for a commission for Original Gallery of 35% of the Purchase Price for which the Work was sold. The commission includes VAT of 21%. The commission for Original Gallery according to the previous sentence is to be paid by the Registered User Seller who sold the Work. The entitlement to the commission shall arise for Original Gallery upon conclusion of the Purchase Contract, provided that the Registered User Buyer does not withdraw from the Purchase Contract pursuant to Article 1.1.16 of the Terms and Conditions. In such case, Original Gallery is entitled to set off its claim against the Author's claim for payment of the commission against the Author's claim for payment of the Purchase Price and to reduce the Purchase Price paid to the Author by the amount of the commission. The mediation contract is concluded for the period of the Presentation of the Work for the purpose of its sale at the price set by the Registered User Author on www.originalgallery.com.
4.2 Withdrawal from the Intermediary Contract: The Intermediary Contract for the sale of a specific Work is terminated at the time of withdrawal, which may be made at any time if the conditions set out herein are met, namely:
(a) by written notice addressed to Original Gallery, as part of the deletion of the Work's presentation from the www.originalgallery.com web portal by the Registered User Author, or
b) by written notice to Original Gallery as part of the deletion of the Presentation of the Work from the www.originalgallery.com web portal by Original Gallery in accordance with these Terms and Conditions; or
c) written notice by Original Gallery as part of the cancellation of the User's Registration at www.originalgallery.com by Original Gallery in the event that Original Gallery's right to cancel the User Registration of the Author of the Work has arisen under these Terms and Conditions or if the Registered User of Original Gallery has so requested under these Terms and Conditions.
4.3 Sale of the Work at the Price Specified - If the Registered User - Author has created a Presentation of the Work on the web portal www.originalgallery.com, has indicated the Purchase Price of the Work and has concluded an Intermediary Agreement with Original Gallery, the Work is intended for sale on the web portal www.originalgallery.com. Registered Users other than the Author of the Work are entitled to purchase the Work on the basis of the Order of the Work at the Purchase Price indicated in the Presentation of the Work. The Purchase Price is payable by credit card by the Registered User to the purchaser, immediately after the Order of the Work has been placed, to the account of Original Gallery. Upon payment of the Purchase Price, the Registered User Author of the Work is invited by email to deliver the Work to Original Gallery. Upon Delivery of the Work, Original Gallery shall deliver the Work to the Registered User Purchaser at Original Gallery's offices or at the Registered User Purchaser's expense at an address designated by the Registered User Purchaser. After Delivery of the Work, the Registered User Buyer has 5 business days to cancel the Purchase Agreement. If he/she does not exercise this right, the Purchase Price will be paid to the Registered User Seller under the Trust Deed within 5 working days, less Original Gallery's commission for arranging the sale pursuant to Clause 4.1. 4.6. If the Registered User Buyer exercises the right of withdrawal from the Purchase Contract and returns the Work to Original Gallery's registered office address within the stipulated period, the Buyer will receive the Purchase Price back within 5 working days.
4.4 Defects of the Work -The Registered User Author who sold the Work on the web portal www.originalgallery.com is solely responsible for the defects of the Work. Liability rights for defects in the Work are governed by the provisions of § 2099 et seq. of Act 89/2012 Coll, of the Civil Code, however, in the event of obvious defects in the submitted Work that could have been made by the Registered User Purchaser discover after the Work has been handed over during its inspection, the Registered User Buyer shall only have the right to withdraw from the Purchase Contract pursuant to Art. 1.1.16. In the event of non-obvious defects, the rights of liability for defects in the Work shall be governed by the Civil Code and such Registered User Purchaser shallUser shall apply to Original Gallery as the Author's representative without undue delay after discovering them, but no later than 2 years after the Work has been handed over.
4.5 Costs - The cost of the Internet connection necessary to use the Original Gallery Services shall be borne by the User. The Registered User shall also bear the cost of Delivery of the Work if it is not delivered to Original Gallery in person at Original Gallery's offices or the cost of Handing over the Work if it is not collected in person at Original Gallery's offices.
4.6 Right to remuneration on resale of the original Work
4.6.1. If the original Work, which has been transferred by its author into the ownership of another person, is resold through Original Gallery for the purchase price of price of EUR 1,500 or more, the author shall have the right in connection with each resale (resale) of the Work within the meaning of Section 24 of the Copyright Act, z. 121/2000 Coll. shall be entitled to the remuneration set out in Annex 1 to the Copyright Act as follows:
(a) 4% of the part of the purchase price up to EUR 50 000,
(b) 3 % of the part of the purchase price above EUR 50 000 up to EUR 200 000,
(c) 1 % of the part of the purchase price above EUR 200 000 up to EUR 350 000,
(d) 0,5 % of the part of the purchase price above EUR 350 000 up to EUR 500 000,
(e) 0,25 % of the part of the purchase price above EUR 500 000.
However, the total amount of the remuneration may not exceed EUR 12 500. The right to the remuneration does not apply to the first resale if the Registered User Seller has acquired the original Work atfrom the author less than three years prior to such resale and the Purchase Price of the original Work on resale does not exceed EUR 10,000.
4.6.2. Artwork, in particular a painting, drawing, painting, collage or other graphic work, provided that they are made by the artist himself or are reproductions which are considered to be the original artwork. Reproductions which are considered to be original works of art are those reproductions which have been made in limitedm number by the artist himself or under his direction and are numbered, signed or otherwise duly declared by the artist to be genuine.
4.6.3 The person liable to pay remuneration to the relevant Collective Administrator under the Copyright Act is the Registered User Seller and the Original Gallery jointly and severally. Therefore, the Registered User Seller shall be obliged to pay such remuneration to Original Gallery. The remuneration will be deducted from the Purchase Price. Original Gallery agrees to pay the Resale Fee to the Collective Administrator.
4.6.4 Original Gallery will charge the Resale Fee whenever the Registered User sells the Work to the Seller if the Purchase Price is EUR 1500 or more. If the Registered User Seller signs an affidavit upon delivery of the Work that the conditions of § 24 of the Copyright Act, z. 121/2000 Coll. are not met, e.g. he purchased the painting directly from the author less than three years prior to such resale and the purchase price of the original Work on resalem sale does not exceed EUR 10,000, then Original Gallery shall pay him the part of the Purchase Price corresponding to the remuneration for the resale pursuant to Art.4.3.
5. Dispute resolution
5.1. The Brokerage and Trust Agreement including the Terms and Conditions and all relationships arising therefrom, as well as otherother relationships arising between the Registered User and Original Gallery in connection with the use of the www.89/2012 Coll. and Copyright Act No. 121/2000 Coll.
5.2 The User has the right to an out-of-court settlement of a consumer dispute arising in connection with the use of the ORIGINAL GALLERY Services, namely:
a)with the Czech Trade Inspection Authority (www.coi.cz). The User may apply to the Czech Trade Inspectorate within 1 year after he/she has unsuccessfully filed a claim with Original Gallery only if he/she has provided a commission for the Original Gallery Services.
b) by using the online dispute resolution platform located at http://ec.europa.eu/consumers/odr
5.3. All property disputes between Original Gallery and the Registered User arising from the Mediation or Trust Agreement or related thereto or arising in connection with the use of the www.originalgallery.com, if not resolved out of court, shall be settled according to the law of the Czech Republic before a court of competent jurisdiction in the Czech Republic.
5.4 The Trade Licensing Office supervises the compliance of Original Gallery with its obligations under the Trade Licensing Act No. 455/1991 Coll. Compliance with the protection of personal data of Registered Users is supervised by the Office for Personal Data Protection.
The Registered User agrees to delivery to the electronic address provided to Original Gallery during User Registration.
7. Final Provisions
Original Gallery is entitled to change the Terms and Conditions; the new version of the Terms and Conditions shall apply in such case:
- to Brokerage Contracts concluded after the new Terms and Conditions come into force.
- to Orders for Works made after the new Terms and Conditions come into force.
- to Trust Contracts concluded after the new Terms and Conditions come into force.
Original Gallery is obliged to notify Registered Users 30 working days in advance to their e-mail address that the Terms and Conditions will be changed and to send them the new version of the Terms and Conditions. If a Registered User does not agree to the new Terms and Conditions, he/she has the right to cancel his/her registration within 15 working days after receiving the email containing the new Terms and ConditionsThis is without prejudice to the right of Original Gallery to have such Registered User reimburse Original Gallery for any claims incurred by Original Gallery during the term of the Brokerage Agreement or the Registered User's registration. If the Registered User does not cancel the registration at www.originalgallery.com and continues to use the ORIGINAL GALLERY Services, he/she hereby expresses his/her implicit consent to the new wording of the Terms and Conditions.
In Hajje nad Jizerou on 1 January 2022
Art of All s.r.o.
Marcel Sítník, Managing Director