Business terms and conditions
GENERAL TERMS AND CONDITIONS
These general terms and conditions (“GTC“) apply to all legal relationships between (i) Arthouse Hejtmánek galerie a aukční dům s.r.o., ID no.: 29149932, residing at Goetheho 17/2, Prague 6, 160 00, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 203984 (“Arthouse Hejtmánek“), and (ii) other persons and legal entities, unless otherwise agreed between the parties.
These GTC apply in particular regarding the following:
- Purchase of catalogues and other publications (“Publications“) via the internet page https://www.arthousehejtmanek.cz/cs/publikace/ (the “E-shop“),
- Sale and purchase of art work, furniture, or other objects of artistic or cultural value (the “Art Object“) via the internet on-line gallery https://www.arthousehejtmanek.cz/cs/prodejni-galerie/ (the “On-line Gallery“),
- Sale and purchase of Art Object in the gallery (the „Gallery“),
- Sale and purchase of Art Object in an auction organised by the auction house Arthouse Hejtmánek (the “Auction House“ and “Auction “), such legal relationships are primarily governed by the auction rules https://www.arthousehejtmanek.cz/cs/aukcni-rad/ (the “Auction Rules“) and these GTC apply only to the extent that the Auction Rules do not contain a specific regulation.
By clicking (continuing to use the webpage www.arthousehejtmanek.cz / ticking the box) or signing an agreement with Arthouse Hejtmánek, you confirm that you have read and understood these GTC, including the section on claims for defects, and you agree with these.
These GTC contain also all information under Section 1820 et seq. of the Act no. 89/2012 Coll., the Civil Code (the “Civil Code“), applicable on distance contracts and contracts made outside of regular business premises, including information on the right of the customer to terminate such contract.
Arthouse Hejtmánek may amend these GTC from time to time as it may deem reasonable in accordance with Section 1752 of the Civil Code. All such amendments to these GTC will be published on its webpage https://www.arthousehejtmanek.cz/cs/obchodni-podminky/.
2. Governing law
These GTC and legal relationships between Arthouse Hejtmánek and third parties is governed by the laws of the Czech Republic, in particular by the respective provisions of the Civil Code.
If there are any other potentially applicable conflicting general terms and conditions of a third party, these GTC will prevail and apply.
Arthouse Hejtmánek operates in compliance with all applicable legal regulations of the Czech Republic and directly applicable legal regulations of the European Union (the “EU“).
The parties explicitly agree, that when there is an international element in the mutual legal relationship, the governing law will be the law of the Czech Republic, excluding its collision provisions which may otherwise be applicable and excluding the United Nations Convention on Contracts for the International Sale of Goods.
These GTC are published in Czech and English language, in the event of any discrepancies, the Czech version will prevail.
1. Arthouse Hejtmánek
Arthouse Hejtmánek is a limited liability company, carrying out in particular the following business activities:
- Purchase and sale of Art Objects,
- Voluntary private auctions, which are not deemed auctions under the Act no. 26/2000 Coll., on Public Auctions,
- Restoring and repair of Art Objects.
The Purchaser may be a natural person or a legal entity / corporation, interested in acquiring ownership of a Publication and/or Art Object, via the E-shop, On-line Gallery, Gallery or in an Auction.
The Purchase confirms and declares to Arthouse Hejtmánek that the Purchaser:
- is fully authorised and entitled to the intended legal action,
- is not insolvent or threatened with insolvency and has the financial means to pay the purchase price in accordance with the intended legal act,
- its spouse agreed / consented with the intended purchase (if the Art Object is acquired as common matrimonial property or using financial means pertaining to both spouses),
- if agents or brokers are used, the Purchaser has duly authorized such persons to the extent necessary.
The legal relationship between Arthouse Hejtmánek and the Purchaser is further governed by the respective purchase contract (the “Purchase Contract“), if such contract is concluded in respect of a certain Art Object. To the extent the Purchase Contract does not contain a specific regulation, these GTC and the Auction Rules, as the case may be, shall apply.
The Seller may be a natural person or a legal entity interested in selling an Art Object via the E-shop, On-line Gallery, Gallery or in an Auction or directly to Arthouse Hejtmánek.
The Seller confirms and declares to Arthouse Hejtmánek that the Seller:
- is fully entitled to the intended legal action, in particular that it has the necessary legal title to the Art Object,
- the Art Object does not suffer from any legal or factual defects which the Seller has not disclosed to Arthouse Hejtmánek, in particular there are no liens, retentions or other encumbrances restricting its resale or other transfer,
- there are no limitations on the intended sale of the Art Object in terms of copyright protection that the Seller has not disclosed to Arthouse Hejtmánek, nor are there any limitations in terms of customary use of the Art Object by Arthouse Hejtmánek and/or the Purchaser,
- if the Art Object is part of the marital property, the spouse has consented to its intended sale,
- has provided Arthouse Hejtmánek with complete and correct and not misleading information regarding the Art Object, in particular regarding its authorship and provenance,
- the Art Object has not been unlawfully exported or imported, in violation of the laws of any state, and there is no violation of the laws of any state in connection with the intended sale,
- is not insolvent or threatened with insolvency,
- if agents or brokers are used, the Seller has duly authorized such persons to the extent necessary.
The legal relationship between Arthouse Hejtmánek and the Seller is further governed by the contract for the acceptance of art objects for the purpose of professional appraisal and eventual sale (the "Commission Contract") or the Contract for the mediation of the auction sale (the "Auction Contract").
Arthouse Hejtmánek always reserves the right not to enter into any proposed Contract with the Seller for any reason or no reason whatsoever, but in particular because of any doubt as to the truth or completeness of the Seller's (or its agent's or broker's) representations set out above.
To the extent not regulated by the respective Contract, these GTC or the Auction Rules, as the case may be, shall apply.
4. Agents and intermediaries
Natural or legal persons who act towards Arthouse Hejtmánek on behalf or representing another natural or legal person, in particular the Seller or the Buyer, are obliged to present a written power of attorney authorizing them to act, with officially certified signatures, and in the case of foreign persons containing all applicable formal requirements (apostille, superlegalization).
The agent/intermediary confirms and declares to Arthouse Hejtmánek that he/she is fully authorised to carry out the intended legal action and is authorised to represent the principal and acts within the framework of his/her instructions.
The agent/ intermediary of the Buyer or the Seller expressly makes the confirmations and declarations referred to in Article 3.2 and 3.3 above to Arthouse Hejtmánek to the same extent as the Buyer and the Seller respectively.
4. Consumer protection
If the Buyer or Seller is a consumer within the meaning of Section 1810 et seq. of the Civil Code (the "Consumer"), the legal relationships between Arthouse Hejtmánek and the Consumer are also subject to the relevant provisions of the Civil Code on consumer protection, in particular the provisions on the purchase contract, consumer contracts, and contracts concluded at a distance or outside business premises, as well as to the provisions of the Act No. 634/1992 Coll., on Consumer Protection.
5. Data protection
Buyers, Sellers and their agents or intermediaries are obliged to provide Arthouse Hejtmánek in all legal dealings with complete, correct, and accurate information necessary for their identification and proper performance of mutual rights and obligations of the parties, as may be required by law, in particular under the Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing.
In the event that there is any change in the identification data on the part of the Buyer, Seller or their agent / intermediary, which may be essential for the performance of any contract, the subject of such data undertakes to inform Arthouse Hejtmánek in writing of such change, no later than 5 working days from the date on which such change occurred. If the Buyer, Seller or their agent / intermediary fails to do so, they shall be liable for any damage or other harm that may arise as a result of incorrect identification data.
All processing of personal data is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other legislation in force in the Czech Republic.
Arthouse Hejtmánek applies in the processing of personal data its GDPR policy, which is published at https://www.arthousehejtmanek.cz/cs/gdpr/.
By providing your personal data, you confirm that you are aware of this GDPR policy and consent to the processing of your personal data by Arthouse Hejtmánek, in particular for the proper performance of contractual relations and for the sending of commercial communications by Arthouse Hejtmánek, to the extent that you have completed or provided such data in the context of concluding a contract with Arthouse Hejtmánek or browsing the Arthouse Hejtmánek website.
This consent is also granted for the purpose of the offering by Arthouse Hejtmánek of its services and products, and sending information about Arthouse Hejtmánek's activities, including by electronic means (in particular e-mail, SMS messages, telemarketing), and is granted for the period necessary taking into account the performance of mutual rights and obligations, or until such consent is withdrawn.
Arthouse Hejtmánek secures personal data against misuse and does not share it with other persons, except when necessary for the performance of mutual rights and obligations. Arthouse Hejtmánek may also delegate the processing of personal data to a third party as a processor (in particular to operators of online auction systems through which the online Auction takes place).
The provision of personal data is voluntary and you are entitled to the protection of your rights to the extent provided by law. You may withdraw this consent in writing at any time.
If you wish to correct your personal data, you can request this by emailing firstname.lastname@example.org or by writing to the above address of Arthouse Hejtmánek's registered office.
6. Order and Purchase Contract
The Purchase Contract in respect of the Publication is concluded on the basis of the Buyer's order sent to Arthouse Hejtmánek via the E-shop ordering system. The Purchase Contract is formed upon acceptance of the order by Arthouse Hejtmánek and sending an e-mail confirmation to the Buyer at the e-mail address provided by the Buyer.
(ii) Online gallery
The publication of the Art Object on the website of the Online Gallery constitutes an offer to conclude a Purchase Contract. The Buyer accepts this offer by submitting an order to reserve the Art Object.
Arthouse Hejtmánek will then conclude the Purchase Contract with the Buyer who has reserved the Art Object by sending a confirmation to the Buyer at the e-mail address provided by the Buyer. In the event that the Art Object is reserved by more than one interested party (Buyers), Arthouse Hejtmánek will conclude the Purchase Agreement and confirm its conclusion to the first interested party.
In the event of a personal purchase and sale in the Gallery, a written Purchase Contract will be entered into between the Buyer and Arthouse Hejtmánek.
In the case of a purchase and sale at an Auction, the sale and conclusion of the Purchase Contract are governed by the Auction Rules.
A Purchase Contract (including the agreed price) concluded by any of the above means may only be varied or cancelled by agreement of the parties or on statutory grounds.
The Buyer (or the agent or intermediary) is obliged to familiarize himself/herself with the information and photographs published by Arthouse Hejtmánek regarding the Publications and/or Art Object offered.
Once the Purchase Contract has been concluded, the Buyer (or the agent or intermediary) cannot claim error and it is not possible to ascertain whether any errors have occurred in the sending or processing of the order or to correct such errors.
Arthouse Hejtmánek is not responsible for the accuracy and completeness of the data and information provided regarding the Art Object, all information is provided taking into account the information provided by the Seller and where appropriate considering consultation with the experts in the field.
Information provided to the Buyer about any Art Object is for information purposes only and the Buyer (the agent or intermediary) is entitled and obliged to verify such information before entering into the Purchase Contract and in any event not later than immediately thereafter.
In the case of the Auction and Gallery Sale, the Buyer shall have the opportunity to inspect the Art Object in person, including in the presence of its professional advisors, experts and other advisors, and to request more detailed information concerning specific objects, including photographs, if any, and no payment will usually be required from Arthouse Hejtmánek for the provision of such information, unless otherwise specified.
Anyone interested in viewing the exhibited Art Objects is obliged to respect all measures to ensure the protection of the exhibited objects, in particular to keep a safe distance, not to touch the objects without prior permission of a representative of Arthouse Hejtmánek and without wearing protective gloves, etc.
An Art Object may be declared by the Czech Republic as cultural heritage and be subject to the regime of Act No. 20/1987 Coll., on State Heritage Care, as amended, or similar legislation of another state, and the Buyer/Seller are obliged to comply with the relevant provisions of such legislation. In particular, the export of all objects of cultural value is subject to a special regime pursuant to Act No. 71/1994 Coll., on the Sale and Export of Objects of Cultural value, as amended. Arthouse Hejtmánek is not authorized to make any representation or warranty as to whether the Art Object is subject to export restrictions. Sellers, Buyers (and their agents and intermediaries) are required to obtain professional advice in this regard.
Arthouse Hejtmánek always reserves the right not to conclude the proposed Purchase Contract in any particular case, for any reason or no reason whatsoever, but in particular because of any doubt as to the truth or completeness of the Buyer's (or its agent's or intermediary's) representations set out above.
Further details regarding the claims policy are set out in section 9 of these GTC.
7. Price and Payment
The prices of Publications and Art Objects listed on the E-shop and in the Online Sales Gallery are contractual, final, up to date and effective for the period of time they are published on the Arthouse Hejtmánek website.
In addition to the price of the Publications and Art Objects, Arthouse Hejtmánek is entitled and obliged to charge VAT and, where applicable, other taxes and fees in accordance with applicable and effective tax regulations that may apply to the respective sale transaction (including any third country taxes and fees if the sale is to a foreign country or to a foreign tax resident).
In the case of a consignment sale, Arthouse Hejtmánek is entitled to charge:
(a) To the Seller:
- A brokerage fee, or auction sale fee, as the case may be, in the amount of 15% of the achieved purchase price of the Art Object, unless otherwise agreed in writing between Arthouse Hejtmánek and the Seller.
In the case of the sale of an Art Object subject to collective copyright protection, Arthouse Hejtmánek is also entitled to deduct from the achieved purchase price an amount of 4%, which Arthouse Hejtmánek shall pay to the collective copyright administrator for the remuneration on the resale of the original work of art - to the Civic Association GESTOR - Protective Union of Authors. This deduction shall be born by the Seller, unless otherwise agreed in writing in a specific case, and shall be deducted from the total amount paid by Arthouse Hejtmánek to the Seller.
b) To the Buyer
- an auction markup, amounting to 24% of the achieved the purchase price, unless otherwise agreed in writing between Arthouse Hejtmánek and the Buyer.
The tax document (invoice) issued by Arthouse Hejtmánek on the basis of the concluded Purchase Contract shall also serve as the delivery note.
The purchase price does not include the costs of transport/shipping, which are charged to the Buyer according to the following rules:
The cost of shipping of the Publication depends on the number of Publications ordered and the place of delivery and is automatically calculated and quoted upon order confirmation. By confirming the order and selecting the shipping method, the Buyer agrees to the terms and conditions and price of the chosen shipping method.
- Online gallery
Shipping costs depend on the specific Art Object and delivery location and will be quoted to the Buyer upon order confirmation. Arthouse Hejtmánek will offer the Buyer the possible shipping methods and their price quotation. If the method of transport is not agreed between the parties, Arthouse Hejtmánek will not arrange the transport for the Buyer - in such case the Buyer is obliged to arrange for the transport of the Art Object.
The cost of shipping depends on the specific Art Object and the place of delivery and will be offered to the Buyer at the conclusion of the Purchase Contract. Arthouse Hejtmánek will offer the Buyer the possible methods of transport/shipping and their price quotation. If the method of transport is not agreed between the parties, Arthouse Hejtmánek shall not arrange the transport for the Buyer - in such case the Buyer will arrange for the transport of the Art Object.
The auction markup charged by Arthouse Hejtmánek is set out in the Auction Rules. The cost of shipping depends on the specific Art Object and delivery location and is governed by the Auction Rules. Unless the method of transport is agreed between the parties, Arthouse Hejtmánek will not provide transport for the Buyer - in which case the Buyer is obliged to arrange for the transport of the Art Object.
The performance by Arthouse Hejtmánek does not include insurance or installation of the purchased Art Object, unless otherwise agreed in writing in a specific case.
The Purchaser will bear all other costs that may be associated with the purchase and receipt of the Publication and/or Art Object, if any, in particular any insurance costs, storage costs (as set out below) and the use of remote means of communication.
Arthouse Hejtmánek accepts the following methods of payment of the purchase price:
- Payment in cash upon personal collection
- Payment by card upon personal collection
- Payment by bank transfer
- Payment on delivery
The Seller expressly agrees that Arthouse Hejtmánek is entitled to sell the Art Object at Auction, in accordance with the Auction Rules, or by a commission sale in the On-line Gallery or in the Gallery, or, if the Art Object is not sold in this way, Arthouse Hejtmánek is entitled to sell the Art Object at a reduced price determined by Arthouse Hejtmánek taking into account the value of the Art Object on the market. In the event that the Art Object fails to sell at the Auction or via commission sale during the agreed time period, the Seller is obliged to collect the Art Object at the request of Arthouse Hejtmánek in accordance with the Auction Rules, or within 30 days at the latest, otherwise the Seller is obliged to pay the costs of its further storage.
The Buyer (Buyer’s agent or intermediary) is entitled to take possession of the purchased Publication and/or Art Object only after full payment of the purchase price, including the auction mark-up, storage fees and any other costs incurred by Arthouse Hejtmánek in accordance with these GTC, including all taxes and fees, unless otherwise agreed in writing.
The Purchaser is obliged to make the full payment and take possession of the Art Object immediately after the conclusion of the Purchase Contract, but not later than in 14 days, unless a longer period is agreed in writing. If he fails to do so, Arthouse Hejtmánek shall be entitled to charge for the storage costs of the Art Object.
For as long as Arthouse Hejtmánek stores the Art Object for the Buyer or the Seller, the provisions of the Civil Code on storage, including Sections 2428 and 2949 of the Civil Code, will apply. Arthouse Hejtmánek is entitled to charge a storage fee of 0.5% of the estimated or achieved purchase price of the Art Object for each day of storage.
Arthouse Hejtmánek shall be entitled to sell the Art Object if the Seller / Buyer fails to collect it after the expiry of the Contract or after the expiry of the time when the Seller / Buyer was obliged to collect the Art Object according to the Auction Rules or the respective Contract, even after a written request from Arthouse Hejtmánek with a notice, that otherwise the Art Object will be sold, Arthouse Hejtmánek will pay the proceeds of the sale without undue delay, after a deduction of storage fees and reasonable costs associated with the sale - these costs are typically at 15% of the sale price achieved.
The parties expressly exclude the application of Sections 1793, 1794 and 1796 of the Civil Code and declare that they consider the agreed purchase price to be reasonable in view of all the facts and not disproportionate to the value of the Art Object and that they did not enter into the Contract in distress, weakness of mind, agitation or recklessness. In the event that the Contract is subsequently cancelled in application of these provisions of the Civil Code, whether by agreement of the parties or by a court, the party requesting the cancellation of the Contract is obliged to compensate the other party for any costs incurred by it as a result of or in connection with the Contract.
8. Delivery conditions and delivery period
The availability of the Publication and of the Art Object is always indicated on the Arthouse Hejtmánek website in the details of the E-shop or the Online Gallery.
The Publication and/or the Art Object remains the property of Arthouse Hejtmánek until the purchase price is paid in full. The ownership right passes to the Buyer at the moment of full payment of the purchase price - i.e. by crediting the relevant amount to the account of Arthouse Hejtmánek, from which moment the Buyer also bears the risk of damage. Arthouse Hejtmánek shall fulfil the Purchase Contract by handing over the Publication and/or the Art Object to the Buyer (agent or intermediary) or by handing it over to the first carrier.
The delivery period is subject to availability, payment terms and delivery conditions, and is usually a maximum of 14 days.
In normal cases, Arthouse Hejtmánek dispatches Publications and Art Objects within 14 working days of payment of the full purchase price, including any applicable taxes and charges, and shipping costs. The estimated delivery date is always stated in the email confirming the order. The Buyer will receive a tax document/invoice together with the shipment.
If the Purchase Price is to be paid by the Buyer upon receipt of the Publication and/or Art Objects (cash on delivery), the delivery period shall commence on the date of valid conclusion of the Purchase Contract in accordance with these GTC. The Buyer is obliged to compensate Arthouse Hejtmánek for any costs that may arise in connection with the non-acceptance of the Publications and/or Art Objects shipped in this way.
The export and import of a certain Art Object from/to foreign countries is regulated by the laws of the Czech Republic, the EU, international treaties and the laws of other importing countries and may be subject to specific formalities, including, but not limited to, export and import permits and payment of fees, which are determined and assessed by the competent authority of the country concerned.
Arthouse Hejtmánek makes no warranties, representations or guarantees as to whether or not the Art Object is subject to export or import restrictions or fees, or any other restrictions, prohibitions or requirements of Czech, EU, other laws, international treaties or the laws of other countries that may apply to such export or import.
Arthouse Hejtmánek will not be liable for any damages, lost profits or any other claims that may arise in connection with the export or import of the Art Object to/by the Seller, the Buyer or third parties.
Arthouse Hejtmánek accepts the following methods of collection/delivery, unless otherwise agreed in writing in a particular case:
- Personal collection of the Art Object at the seat of Arthouse Hejtmánek
- Parcel by Czech Post
In the event of any exchange of purchased Publications and/or Art Object, the Buyer will be charged for the cost of postage on each individual shipment to the Buyer.
In the event of the return of purchased Publications and/or Art Object by the Buyer, the Buyer will bear the costs of the postage.
9. Defects and defects claims
Arthouse Hejtmánek provides as accurate and complete information as possible regarding the Art Objects, their authorship and condition (the "Information"), based on information provided by the Seller, and in appropriate cases also after consultation with experts in the field, but given that these objects are not consumer goods by their nature, Arthouse Hejtmánek makes no warranty in this regard. All liability in this respect lies with the Seller.
Arthouse Hejtmánek expressly points out that the Art Objects are typically already used, in a condition that corresponds to the time of their creation (age) and the degree of their wear and tear and expressly lists only such defects and damages that affect their artistic value. These objects may be non-functional, restored, damaged, etc., which is already reflected in their valuation. Objects of a technical nature are sold without any guarantee as to functionality.
The Buyer is responsible to duly acquaint himself with the Information before any intended purchase of the Art Object and is obliged, immediately upon receipt of the Art Object, to check its actual condition and, if the Buyer considers that the Art Object has any legal or factual defects, the Buyer is obliged to notify such defects within 14 days of receipt to Arthouse Hejtmánek (the "Claim").
The Buyer is obliged to make the Claim in writing, stating the reasons, at the registered office of Arthouse Hejtmánek or by mail (and at the same time deliver the Art Object back to the registered office of Arthouse Hejtmánek for review of the Claim).
Together with a timely Complaint, the Buyer is obliged to submit the proof of purchase (receipt, invoice).
In the case of sending the Art Object back to Arthouse Hejtmánek, the Buyer is obliged to pack the Art Object for transport in such a way that it will not be damaged during transport. In the event of a Claim, the Buyer is obliged to prove that there has been no change in the condition of the Art Object as of the moment when the risk of damage to the Art Object passed to the Buyer.
Defects may be legal and/or factual defects of the Art Object – state of the Art Object materially different from the Information provided to the Buyer by Arthouse Hejtmánek. In the event of doubt regarding any Claim, Arthouse Hejtmánek is entitled to appoint an expert in the relevant field for a binding examination of the defect / Claim.
In the event that Arthouse Hejtmánek accepts the Claim, the Buyer has, depending on the nature of such Defect, the following rights:
- in the case of a removable defect:
a.) the right to have the defect removed,
b.) the right to replace the Art Object with an Art Object of the same value,
c.) in case of impossibility of the procedures mentioned in a.) and b.), the right to a reasonable discount on the purchase price or to withdraw from the purchase contract.
- in the case of irremediable defects:
a.) the right to exchange the Art Object with an Art Object of the same value,
b.) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract.
The Buyer is obliged to notify Arthouse Hejtmánek of any Claim and of the chosen method without undue delay, at maximum within 14 days.
Claims will not be accepted if:
- defect was caused by improper storage, use, transportation or other improper conduct on the part of the Buyer,
- defect was caused by age or normal wear and tear.
Arthouse Hejtmánek does not provide the Buyer with any warranty service, except by mutual agreement at contractual prices.
Arthouse Hejtmánek shall be entitled, in the event of any defect and/or Complaint in the Art Object purchased or accepted for Auction or consignment sale from the Seller, to recover from the Seller all costs incurred in connection with the defect / Complaint and shall also be entitled to withdraw from the contract with the Seller in the event of withdrawal by the Buyer.
The Seller shall be fully liable to Arthouse Hejtmánek for all damages and pecuniary and non-pecuniary loss (including damage to reputation) in the event of a breach of the declarations referred to in Article 3.3 above, in particular in the event of the provision of false information regarding the Art Object.
Each party is responsible for insuring the Art Object to the extent customary while it is in its possession. The Seller is therefore responsible for the insurance of the Art Object until its sale, after the risk of damage to the Art Object passes to the Buyer, the Buyer is responsible for its insurance.
Arthouse Hejtmánek shall provide adequate insurance for the Art Object while it is in storage for the Seller or Buyer only in cases where it has expressly agreed to do so in writing with the Seller or Buyer. The cost of such insurance shall be borne by the Seller or Buyer.
- Termination of the Purchase Contract by the Buyer
In the case of conclusion of a purchase contract via remote communication (E-shop / Online gallery), the Buyer, who is a consumer, has the right to terminate such contract within 14 days of receipt of the Art Oject in accordance with the provisions of Sections 1831 et seq. of the Civil Code.
In all other cases, the Buyer has the right to terminate the contract only in the event of a material breach of contract by Arthouse Hejtmánek, in accordance with Article 9 above.
Termination must be made by a written notice delivered to the company's registered office (or by e-mail to email@example.com).
If the Buyer terminates the contract, the Buyer is obliged to hand over to Arthouse Hejtmánek purchased Art Object at the same time, within 14 days of the withdrawal at the latest. Arthouse Hejtmánek is not obliged to return the funds received to the Buyer before the purchased Art Object is returned.
Arthouse Hejtmánek shall subsequently return to the Buyer without undue delay, and no later than within 14 days of termination of the contract, all monies, including delivery costs, received from the Buyer under the contract in the same manner, or in another manner if the consumer has agreed to this and if no further costs are incurred.
If the Buyer has chosen a method of transport other than the most economic method of transport of the Art Object, Arthouse Hejtmánek will only refund the shipping costs in the amount corresponding to the most economic method of transport offered.
In the event of termination of the contract, the Buyer will be liable to Arthouse Hejtmánek for any damage or other diminution in the value of the Art Object which is caused by the handling of the Art Object in a manner other than that which is necessary in view of its nature and characteristics, i.e. with all due care having regard to the age and condition of the Art Object.
However, the Buyer shall not be entitled to withdraw from the contract (in accordance with Section 1837 of the Civil Code) if the Art Object has been modified according to the Buyer's personal wishes, or if it has been repaired or maintained at the Buyer's request.
The Buyer is not entitled to withdraw or cancel the contract in the case of a contract concluded at an Auction, the conditions are governed by the Auction Rules.
- Termination of the contract by the Seller
The Seller has the right to terminate the contract (the Commission Contract / the Auction Contract) only in the event of a material breach of such contract by Arthouse Hejtmánek.
- Termination of the contract by Arthouse Hejtmánek
Arthouse Hejtmánek shall be entitled to terminate the contract / cancel the order in the event of a material breach of contract by the Buyer / Seller and/or its agent or intermediary, in particular in the event of a breach of the declarations set out in Article 3 above.
Arthouse Hejtmánek is also entitled to extend the delivery time reasonably in the event that it is unable to deliver the Art Object within the time limit specified in Article 8 above for serious reasons, in particular if unforeseen circumstances arise. In such a case, Arthouse Hejtmánek shall notify the Buyer of these facts in writing without undue delay and shall state the reason why the order cannot be confirmed.
Arthouse Hejtmánek shall not be liable for any damage or other harm that could possibly arise to the Buyer or the Seller in connection with cancellation of the order / termination of the contract or extension of the delivery time.
Arthouse Hejtmánek always has the right to withdraw from the contract in the event that the Buyer fails to pay the full purchase price, including the auction mark-up, all taxes and fees and the costs of transport, storage and insurance, if applicable, within a period of 30 days from the date of conclusion of the purchase contract or from the subsequent notice sent to the Buyer, at the latest.
The Buyer/Seller agrees to pay all costs incurred by Arthouse Hejtmánek in sending out reminders and notices and the costs associated with the recovery of any claims, including the costs of legal advice and representation.
12. Set-off and assignment of receivables, retention right, storage
Arthouse Hejtmánek is entitled to unilaterally set off, pursuant to Sections 1982 et seq. of the Civil Code, any of its outstanding claims against the Buyer / Seller / their agents or intermediaries against their claims against Arthouse Hejtmánek, to the extent that these claims mutually cover each other, by a written notification.
Arthouse Hejtmánek is also entitled to assign any of its claims against the Buyer / Seller / their agents or intermediaries to a third party, in which case it shall notify the assignment in writing.
The Buyer/Seller/representative or intermediary are only entitled to set off or assign their claims against Arthouse Hejtmánek by a mutual written agreement.
Arthouse Hejtmánek has a retention right / lien on the Art Object received from the Seller to secure all claims against the Seller (in particular cancellation fees, damages caused by breach of declaration and storage fees), within the meaning of Sections 1395 et seq. of the Civil Code and Section 2429 of the Civil Code.
In the event that Arthouse Hejtmánek stores the Art Object for the Seller or the Buyer, it is entitled to charge a storage fee of 0.5% of the achieved purchase price (or estimated price if the Art Object is not sold) of the Art Object for each day of storage.
Arthouse Hejtmánek may give a written notice to the Seller or Buyer to take possession of the Art Object, informing that it will otherwise sell the Art Object. Arthouse Hejtmánek is entitled to set off against the proceeds of the sale the storage costs and reasonable costs incurred in connection with the sale - such costs will normally be set at 15% of the sale price achieved.
If the costs of storage according to this article exceed the estimated purchase price or achieved purchase price, the ownership of the Art Object will automatically pass to Arthouse Hejtmánek.
13. Final provisions
The parties undertake to act in good faith and in cooperation with each other. In the event of any dispute in connection with legal proceedings between the parties, the parties undertake to negotiate first in good faith for an amicable settlement.
The parties expressly assume the risk of a change of circumstances and the application of Sections 1765(1) and 1766 of the Civil Code is expressly excluded, and neither party is therefore entitled to request the amendment or cancellation of the contract in the event of a material change of circumstances.
If the parties fail to find an amicable solution to any dispute, the parties hereby agree to the exclusive jurisdiction of the Municipal Court in Prague to decide any disputes between them.
Any communication between the parties that is required by law or these GTC to be in writing must be made to the address of the registered office / residence of the other party, or by e-mail to the e-mail address provided to the other party during the mutual negotiations.
In the event that any provision of a contract and/or these GTC is or becomes or is found to be invalid or unenforceable, this shall not affect (to the fullest extent permitted by law) the validity and enforceability of the remaining provisions of the contract and/or GTC.
In such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which shall, to the fullest extent permitted by law, have the same meaning and effect as was intended by the provision to be replaced.
These GTC become effective on February 1, 2022 and are available on the Arthouse Hejtmanek website, always in the latest version.