Terms and Conditions E-shop

Terms and conditions of the ORIGINAL GALLERY online shop

I.

Introductory Provisions

1. These terms and conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract concluded between the Seller, which is ORIGINAL GALLERY is a registered trademark of Art of All s.r.o, Rybnice 100, 513 01 Háje nad Jizerou, ID:46991654, VAT:CZ46991654, tel. +420776100838, e-mail.originalgallery.com (it is an online gallery and e-shop with art products, hereinafter referred to as "goods").

2. These terms and conditions apply to cases where a person who intends to purchase goods from a seller ofthe seller is acting as a consumer, as well as when he/she buys the goods in the course of his/her business.

3. A consumer is any person who, outside the scope of his business or independentin the course of his or her business or profession, enters into a contract with the seller or otherwise deals with the seller.

4. An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity by way of a trade or similar activity with the intention of doing so on a continuous basis for profit. Any person who enters into contracts relating to his own business, manufacturing or similar activity or in the independent exercise of his profession, or a person who acts in the name of or on behalf of an entrepreneur.

5. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

6. The terms and conditions are an integral part of the purchase contract. They are drawn up in the Czech language.

7. Relations and any disputes arising under the contract shall be resolved exclusively under the law of the Czech Republic, excluding conflict of laws rules, and shall be resolved by the competent courts of the Czech Republic.

8. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

II.

Conclusion of the Purchase Contract

1. The internet address www.originalgallery.com contains a list of the goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax, of which the Seller is liable. This provision does not restrict the Seller's ability to conclude a purchase contract under individually agreed conditions outside the e-shop.

2. Offers for sale of goods are non-binding and the seller is not obliged to conclude a purchase contract for the offered goods.

3. The Seller is entitled to deliver the ordered goods also via another supplier. In this case, he is liable as if he had delivered the goods to the buyer himself.

4. In order to order the goods, the buyer shall fill in the order form, which contains in particular:

- identification data of the buyer;

- the goods to be ordered;

- the method of payment of the purchase price of the goods; details of the required method of delivery of the goods;

- information on the costs associated with the delivery of the goods.

5. Before sending the order to the seller, the buyer is allowed to check and change the entered data. After the order has been sent, the data is considered correct by the seller. Upon receipt, the Seller shall confirm the Buyer's order by e-mail to the following address e-mail address of the Buyer, which is included in the order, or refuses the order, even without giving any reason.

6. The Seller is entitled to request additional confirmation of the order from the Buyer.

7. The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance) sent to the Buyer at his e-mail address specified in the order.

8. If the Seller does not send the Buyer the goods within three working days of the order acceptance or rejection of the order, the order shall be deemed not to have been accepted and shall be cancelled.

9. The costs incurred by each party in using remote means of communication in connection with the conclusion of the purchase contract shall be borne by each party.

10. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

III.

Price of the goods and payment terms

1. The buyer may pay the price for the goods and any costs associated with the delivery of the goods under the contract of sale:

- by credit card online;

- by wire transfer to the Seller's account.

2. The buyer is obliged to pay the seller together with the purchase price also the costs related to with the packaging and delivery of the goods and the chosen method of payment (hereinafter referred to as the "purchase price").

3. In case of payment by credit card, the purchase price is payable immediately. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the purchase contract. In the case of non-cash payment, the Buyer's obligation to pay the Purchase Price is fulfilled when the relevant amount is credited to the Seller's account.

4. The Seller is entitled to require payment of the full purchase price before the goods are shipped to the Buyer.

IV.

Withdrawal from the contract

1. In accordance with the provisions of Section 1829(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the buyer who is a consumer, in case of conclusion of the contract by means of distance communication, has the right to withdraw from the purchase contract withdraw from the contract within fourteen (14) days of receipt of the goods, or from the date of receipt of the last delivery of the goods in the case ofif several types of goods are delivered under the purchase contract or if the goods consist of several parts. Withdrawal from the contract by the buyer must be demonstrably delivered to the seller within 14 days of receipt of the goodsto the Seller's address or to the Seller's e-mail address or in another unambiguous manner. The consumer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the contract for the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period, on the delivery of goods which which have been adapted to the consumer's wishes or for his person, the supply of perishable goods and goods which irretrievably mixed with other goods after delivery, repair or maintenance carried out at a place designated by the consumer on his behalfthe delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, the delivery ofthe delivery of a sound or visual recording or computer program if the consumer has broken its original packaging, accommodation, transport, meals, food, foodstuffs, etc.or leisure activities, if the entrepreneur provides these services within the specified time, or the supply of digitalcontent if it was not supplied on a tangible medium and was supplied with the prior express consent of the consumer before the expiry of the withdrawal period.

2. In the event of withdrawal pursuant to Article IV, paragraph 1, the purchase contract shall be cancelled from the outset. The goods must be returned to the Seller within 14 working days of sending the withdrawal to the Seller.

3. The Seller is entitled to carry out an examination of the returned goods within 10 days of the return of the goods by the Buyer.of the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.

4. The Seller shall refund the purchase price to the Buyer within 10 days of the end of the period for examination of the goods pursuant to paragraph 3 of this Article.

5. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partiallythe Seller shall be entitled to compensation for damages against the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.

V.

Transport and delivery of the goods

1. The place of delivery is the address specified in the electronic order.

2. The goods are delivered upon receipt of the goods by the buyer.

3. The Seller undertakes to deliver the goods in the shortest possible time, unless the parties agree otherwise, or no other time is specified in the acceptance of the order, within 30 days of the acceptance of the order.

4. The method of transport of the goods is specified in the order. The Seller reserves the right, in the event of impossibility to use or other complications with the method of transport of the goods specified in the orderThe Buyer may, however, be charged a maximum price equal to the amount of the ordered transport.

5. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

6. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. The buyer shall pay the costs associated with the other method of delivery.

VI.

Liability for defects, warranty

1. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable general(in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

2. The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be asserted by the Buyer against the Sellerthe Seller at the address of the Seller's registered office/place of business or any establishment of the Seller, and may also do so by means of distance communication and third party dispatch of the goods.

3. When selling new consumer goods, the statutory warranty period is 24 months, may behowever, by declaration in the bill of sale or the warranty certificate, may be longer.The warranty does not cover normal wear and tear of the item (or its parts) caused by normal use or consumables. Therefore, a shorter life of the product due to such wear and tear caused by normal use cannot be considered a defect which will be taken into account in the event of a claim. The warranty also does not cover mechanical damage to the goods caused by improper use or defects caused by improper installation of the goods.

4:

- if the defect is removable, the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective componentsIf this is not disproportionate due to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract;

- if the defect is irremovable and prevents the proper use of the goods, the right to have the defective goods replaced or to withdraw from the purchase contract;

- if the defects are removable and occur in large numbers or repeatedly and prevent the proper use of the goodsditional use of the goods, the right to replace the defective goods or to withdraw from the purchase contract;

- in the case of other irremediable defects and if the goods are not replaced, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract.

VII.

Protection of personal data

1. The Seller processes the Buyer's personal data in accordance with Act No. 101/2000 Coll, 110/2019 Coll., on the protection of personal data, as amended, in the Seller's database while respecting the obligations of the administrator under Act No. 110/2019 Coll, on the processing of commercial data, and Regulation (EU) 2016 679 of the European Parliament and of the Council (GDPR).

2. The rules for the processing of personal data by the Seller are set out in the Privacy Policy.

VIII.

Out-of-court dispute resolution, trade control, data protection supervision

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: www.coi.cz.

2. The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade office.

3. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection, with its registered office at Pplk. Sochor 27, 170 00 Prague 7.

The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

IX.

Final provisions

1. The Seller reserves the right to change the terms and conditions. The validity of the amendment to the terms and conditions is the date of their publication on www.originalgallery.com.

2. These Terms and Conditions are effective against the Buyer on the date of confirmation of the Buyer's binding order by the Seller.

3. All texts, photographs or illustrations contained on the originalgallery website.com are subject to copyright and may not be copied or otherwise used without the express written consent of the Seller.

These terms and conditions are valid from 1 April 2023.