Terms of Business for the use of services of the web portal www.originalgallery.com of ORIGINAL GALLERY Kft., with its registered seat at 2900 Komárom, Kelemen László utca 1., Hungary, Company ID: 11-09-032049, Tax ID: HU33010362, registered in the relevant Hungarian commercial register, managing director Anzhelika Sitnikova.
ORIGINAL GALLERY Kft. is the exclusive holder of the registered ORIGINAL GALLERY trademark.
1. Introductory Provisions
These Terms of Business govern the mutual rights and obligations of the contracting parties arising from:
a) the Brokerage Agreement for arranging the sale of an Artwork on www.originalgallery.com, concluded between ORIGINAL GALLERY Kft. as the broker and the Registered User – Artist as the party interested in having the sale of an Artwork arranged;
b) the Escrow Agreement between ORIGINAL GALLERY Kft. as escrow agent, the selling Registered User and the buying Registered User regarding the terms of payment and disbursement of the Purchase Price for an Artwork sold on www.originalgallery.com.
The provisions of these Terms of Business are an integral part of the Brokerage Agreement and the Escrow Agreement. Provisions deviating from these Terms of Business may be agreed in the Brokerage and Escrow Agreements; such deviations take precedence over these Terms of Business.
www.originalgallery.com is a multilingual, mobile-optimised marketplace covering the EU, the USA and Russia with language switching. Artists may add artworks in their own language.
These Terms of Business have been drawn up in Czech. The Brokerage and Escrow Agreements may be concluded in Czech (or in any other supported language on the portal). As the agreements are concluded by electronic means, the Registered User has no separate access to them, but ORIGINAL GALLERY archives them, including the Purchase Contract.
1.1. Definitions of certain terms
1.1.1. Original Gallery – ORIGINAL GALLERY Kft., the operator of www.originalgallery.com.
1.1.2. www.originalgallery.com – the web portal operated by Original Gallery.
1.1.3. Original Gallery Services – the set of services provided on www.originalgallery.com to a Registered User, in particular:
a) virtual Presentation of Artworks owned by a Registered User – Artist on the portal;
b) brokering the sale of an Artwork presented on www.originalgallery.com by a Registered User – Artist to another Registered User;
c) the ability to add and edit content on the Registered User's profile;
d) the ability to browse the listed Artworks and to buy them.
Use of the Original Gallery Services by Registered Users is subject to an annual Membership Fee (for Artists), except for the service under Art. 1.1.3 b) which is governed by the Brokerage Agreement under Art. 1.1.11 of these Terms of Business.
1.1.4. User – a designation for both Registered and Unregistered users.
1.1.5. Registered User – a natural or legal person who has completed the Registration process on www.originalgallery.com.
1.1.6. Registration type – the User may choose one of the following registration types (the default option is Artist):
Artist – may be chosen by a natural person older than 18 years with full legal capacity, or by a person under 18 with the consent of their legal representative; entitles the Registered User to use all Original Gallery Services including adding Artworks and paid promotional services; subject to an annual Membership Fee of CZK 1,524 incl. 27% VAT (14-day free trial).
Collector – may be chosen by a natural person older than 18 years with full legal capacity; entitles the Registered User to use services listed in Art. 1.1.3 (c, d) of these Terms — as a person interested in buying an Artwork.
1.1.7. User Account – through which the Registered User signs in to www.originalgallery.com under a unique username to use the Original Gallery Services; access is protected by username and password.
1.1.8. Registration – the process by which a User becomes a Registered User; requires entering the requested data and accepting these Terms of Business.
1.1.9. Artwork – only tangible artworks (notably paintings, drawings, paintings, collages and sculptures) may be presented on www.originalgallery.com and may be the subject of sale/purchase.
1.1.10. Buyer/Seller – Registered User in the role of buyer or seller of the Artwork.
1.1.11. Brokerage Agreement – an agreement between ORIGINAL GALLERY as broker and the Registered User Artist as the party interested in having their Presented Artwork on www.originalgallery.com sold for a stated Purchase Price to another Registered User, for a brokerage fee of 35% of the Purchase Price of the Artwork payable to ORIGINAL GALLERY. The Brokerage Agreement is concluded by the Registered User Artist proposing it within the Presentation of the Artwork by ticking the box "I agree that ORIGINAL GALLERY arranges the sale of this artwork to a third party on www.originalgallery.com for a 35% commission of the Artwork's Purchase Price and acts on my behalf in such sale" and by ORIGINAL GALLERY accepting the proposal by e-mail approving the Presentation of the Artwork. The commission includes VAT.
1.1.12. Purchase Price – the price of the Artwork including VAT offered by the Seller to the Buyer in the Presentation of the Artwork on www.originalgallery.com.
1.1.13. Escrow Agreement – an agreement between ORIGINAL GALLERY as escrow agent, the selling Registered User and the buying Registered User concerning the payment and disbursement of the Purchase Price for the Artwork.
1.1.14. Membership Fee – the annual fee for the use of Original Gallery Services, set at CZK 1,524 incl. 27% VAT; 14-day free trial.
2. Rights to the web portal www.originalgallery.com
ORIGINAL GALLERY Kft. is the exclusive holder of all copyright to www.originalgallery.com, including all its components (in particular the content, design, structure, ORIGINAL GALLERY trademark, software and database). Any use of the portal's content, including copying or other use, requires the prior written consent of ORIGINAL GALLERY Kft.
The Registered User – Artist grants ORIGINAL GALLERY Kft. a free, non-exclusive licence to display the uploaded photographs of the Artworks and their descriptions within the Presentation of the Artwork and for the promotion of the portal.
3. User Registration
Registration is performed by completing the registration form on www.originalgallery.com, accepting these Terms of Business and confirming the e-mail address.
The Artist Registration requires payment of the annual Membership Fee after the end of the 14-day free trial. The Membership Fee is non-refundable.
The Registered User undertakes to provide truthful and complete information and to keep it up to date.
Original Gallery reserves the right to refuse or cancel a Registration in case of breach of these Terms of Business, suspected fraud or non-payment of the Membership Fee.
4. Sale/Purchase of Artworks through www.originalgallery.com
A Registered User – Artist may offer their Artworks for sale on www.originalgallery.com. Original Gallery publishes the Presentation of the Artwork after approval.
The Purchase Price of an Artwork is set by the Seller and stated in the Presentation. Shipping costs may be added according to the rules then in force.
A Registered User – Buyer concludes the purchase contract by clicking the "Buy" button and paying the Purchase Price. The Purchase Price is paid to the ORIGINAL GALLERY account acting as escrow agent.
After the Buyer receives the Artwork, the Purchase Price is paid out to the Seller less the 35% commission (incl. VAT). The 35% commission is ORIGINAL GALLERY's fee for arranging the sale.
In the event of defects, damage or non-conformity with the description, the Buyer is entitled to withdraw from the contract within 14 days of receipt of the Artwork without giving any reason. The Artwork must be returned in its original condition.
5. Dispute Resolution
Disputes between the contracting parties shall be resolved primarily out of court. If no agreement is reached, the competent court is a court of the Czech Republic, unless international treaties provide otherwise.
A consumer may also turn to the Czech Trade Inspection (www.coi.cz) as the body for out-of-court resolution of consumer disputes.
6. Delivery
Delivery of Artworks between the Seller and the Buyer is provided by the Seller at the Seller's own cost, unless otherwise agreed. Original Gallery may offer integrated shipping services.
Communication between ORIGINAL GALLERY and the Registered User takes place primarily by e-mail at the address provided at Registration.
7. Final Provisions
These Terms of Business take effect on the day they are published on www.originalgallery.com.
ORIGINAL GALLERY reserves the right to amend these Terms of Business. The Registered User will be informed of any change by e-mail at least 30 days before it takes effect.
Personal data is processed in accordance with the GDPR and the Czech act on the processing of personal data. For details see the Privacy Policy.
For the binding wording, see the Czech version of the Terms of Business.