GENERAL TERMS AND CONDITIONS

MűvészTerem (www.muveszterem.hu) – General Terms and Conditions related to online shopping (webshop)

I. Introductory provisions

These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of the user (hereinafter: Customer) using the electronic commercial services provided by Művészterem Kft. (hereinafter: Gallery) on the website www.muveszterem.hu.

II. Data of the Gallery that maintains the website

  • Name: Művészterem (maintained by: Művészterem Kft.)
  • Headquarters: 1141 Budapest, Kalauz utca 21.
  • Tax number: 32355189-1-42
  • Company registration number: 01-09-419804
  • Registration authority: Company Registry of the Capital Court, Budapest
  • Electronic contact: info@muveszterem.hu
  • Phone number: +36 1 324 3855
  • Bank account number: K&H Bank, HU35 1040 9015-5052 7085-8065 1002
  • Contact: Dénes Klujber, managing director
  • The address of the gallery: 1053 Budapest, Magyar utca 44.
  • Contract language: Hungarian

 

III. Concepts

  • Gallery: the legal entity that sells works of art
  • Buyer: the consumer or customer who buys the works of art
  • Service: sale of works, organization of exhibitions
  • Creation: All products, works of art, works that can be ordered on the website www.muveszterem.hu.

 ARC. The order and confirmation process, the conclusion of the contract

By using the online store of the www.muveszterem.hu website and making a purchase, the Customer acknowledges and accepts the provisions contained in these General Terms and Conditions. The rules related to data management are contained in the Data Protection Notice.

No registration is required on the website.

The Customer first selects the artwork he wishes to purchase in the online store.

By pressing the "Add to cart" button, the Buyer places the work to be purchased in the cart. This is followed by entering the billing data (surname, first name, address, e-mail address, telephone number, possibly company name).

The purchase price of the work can be paid in three ways:

  • in cash at the gallery
  • by transfer to the bank account number specified in the order confirmation e-mail
  • with a bank card

Online bank card payments are made through Barion's system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013. Payment by bank card via the BARION system can be selected as a payment method, and at the same time the Customer must accept the General Terms and Conditions and the Data Management Notice. The Customer will be transferred to the BARION bank card payment interface, where he can pay the purchase price of the given work, after which the Customer will be redirected back to the Gallery's website.

The Gallery sends confirmation of the purchase and successful payment to the Buyer by e-mail.

The Buyer can pick up the purchased artwork in person at the Gallery, but we can arrange delivery of the artwork to the Buyer upon request. Home delivery in Hungary takes place within 1 week after the purchase, for foreign countries the delivery deadlines specified by the shipping companies apply. In all cases, the Buyer bears the costs of the delivery.

Creation of the sales contract: The contract is created between the parties when the Gallery confirms the order on the website or in an e-mail message. By confirming the order, Act V of 2013 (hereinafter: Ptk.) 6:81. An "electronically concluded contract" according to §, as well as an "absentee contract" according to Government Decree 45/2014.(II. 26.) is created between the Gallery and the Buyer. The Gallery completes the handover and delivery of the artwork if the Buyer has paid the full purchase price of the artwork.

CVIII of 2001 on certain issues of services related to the information society. in accordance with the provisions of the law, the Parties agree that the contract concluded through an order placed on the Website is considered to be concluded in writing. The Buyer is entitled to request a copy of the order from the Gallery electronically.

The parties agree that e-mail communication between the Gallery and the Customer is considered written communication. Confirmation of the order on the website or by e-mail constitutes the content of the contract between the Gallery and the Customer, and its e-mail is in compliance with Art. 45/2014. (II. 26.) of the "written confirmation" requirement according to § 18 of the Government Decree.

A. Prices

The prices indicated on the website are the total amount of the given works plus taxes, i.e. the gross prices of the works.

VI. Legal and accessory warranty

The Gallery assumes responsibility for the work's freedom from lawsuits, encumbrances and claims.

The Gallery guarantees the originality of all the works it sells and issues a certificate of originality. If there is any doubt about the originality of the work, the Buyer must notify the Gallery of his objection in writing immediately.

The Gallery does not guarantee the work.

The Gallery sells the work in the condition it is in at the time of sale, including all defects and deficiencies. In any case, the Buyer can make sure of the condition of the work by a personal visual inspection at the address of the Gallery, a visual inspection is expressly recommended.

If the artwork is damaged during transport, the Buyer must notify the Gallery in writing immediately, but no later than within 3 days of receiving the artwork (by e-mail to info@muveszterem.hu).

If the Customer has indicated within 3 days, in that case:

  1. The Buyer returns or has the work returned within 14 days at the latest and has it restored by the Gallery restorer, and then sends the work back to the Buyer,
  2. and if this is not possible, the Gallery will refund the purchase price, including the return shipping cost, to the Buyer within 8 days after the return of the work.

In all cases, the cost of packaging is borne by the Buyer, and coordination with the return carrier is also the responsibility of the Buyer. If the Buyer does not return the work within 14 days, it shall be considered that the Buyer did not wish to enforce his quality complaint and accepted the performance as per the contract.

§ 6:163 of Act V of 2013 (Ptk.). (2) provides a 2-year warranty period for contracts between the consumer and the company.

Liability for accessories applies to defective performance. The Gallery performs incorrectly if the product is not original at the time of delivery. The Gallery does not perform incorrectly if the Buyer was aware of the error at the time of the conclusion of the contract, or should have been aware of the error at the time of the conclusion of the contract.

VII. Disclaimer

The Customer may use the webshop solely at his own risk, and accepts that the Gallery shall not be liable for material or non-material damage arising during use, in addition to liability for breach of contract that causes damage to human life, bodily integrity or health.

The Gallery is not responsible for any viruses or other limiting functions affecting the access and use of the website, for the incompatibility of the website with other websites, services, software and hardware, for any delays or errors.

The Gallery is not liable if a deadline or a task according to these GTC is affected by force majeure - especially natural disasters, political events, delays or refusal of permits or official measures beyond the Gallery's jurisdiction, strikes, outages, interruptions of public utilities, telecommunications, communication services, etc. . - fails as a consequence, and if performance is impossible due to force majeure. The same provision must also be applied in the event that force majeure events are related to the performance of the Gallery and its subcontractors, collaborators, and performance assistants.

VIII. The right of withdrawal

45/2014 on the detailed rules of contracts between the consumer and the Gallery. (II. 26.) According to government decree, the Buyer has the right to cancel unconditionally, without the obligation to provide reasons.

By accepting these GTC, the Customer acknowledges that he must exercise his right of withdrawal against the Gallery.

Within 14 calendar days after receiving the product, the Buyer has the right to cancel the purchase. Of course, the Buyer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the product. The Buyer can send the withdrawal statement to the Gallery by email or by post. The sample of the written declaration of withdrawal can be found in the present General Terms and Conditions No. 1. annex, however, the use of the sample is not mandatory. The Gallery will immediately confirm the receipt of the buyer's declaration by e-mail.

If the Buyer lawfully withdraws from the contract, the Gallery shall immediately, but no later than within 14 days of receipt of the Buyer's declaration of withdrawal, refund all compensation provided by the Buyer, including the costs incurred in connection with the performance. If the Buyer specifically chooses a mode of transport other than the least expensive usual mode of transport, the company is not obliged to reimburse the resulting additional costs. During the refund, the Gallery uses a payment method identical to the payment method used during the original transaction, unless the Buyer expressly consents to the use of another payment method; due to the application of this refund method, the Buyer will not incur any additional costs. The Gallery can withhold the refund until the product has been returned, or the Customer has not confirmed that it has been returned: the earlier of the two dates must be taken into account.

The Buyer is obliged to return or hand over the product to the Gallery without undue delay, but no later than 14 days from the date of notification of the withdrawal statement. The deadline is considered met if you send the product before the 14-day deadline.

The direct cost of returning the product is borne by the Buyer, which is why the product cannot be returned to the Gallery by cash on delivery. The Buyer will not be charged any other costs in addition to the return fee.

IX. Copyright, trademark

The content on www.muveszterem.hu is the intellectual property of the Gallery and may not be used online or in printed form without prior written permission.

The images shown next to the products are illustrations. The colors shown on the website may differ from the colors shown in reality due to the individual settings of the computer. In all cases, the product description includes the product's characteristics - visual inspection is recommended. The Gallery is not responsible for the difference between the colors displayed on the website and the real colors, even in the case of online purchases, if this difference is not significant. The illustrations may be saved or printed on the Buyer's hard drive for personal use only, but their duplication, copying, inclusion in databases, commercialization and the Copyright Act LXXVI of 1999 are prohibited. Act (Szjt.) their other use is prohibited without the written approval of the Gallery. In the event of a violation of copyrights belonging to the Gallery, the Gallery shall notify Szt. may apply legal consequences to the infringer according to

X. The Buyer's legal enforcement options

The Buyer is entitled to notify the Gallery in writing or verbally of all complaints arising in connection with the legal relationship covered by these GTC. The contact details of the Gallery are in II. are located in

The Gallery examines the verbal complaint immediately and remedies it as soon as possible. If the Customer is not satisfied with the handling of the verbal complaint, the Gallery will prepare a written report, which will be forwarded to the Customer's e-mail address. After that, the complaint is considered a written complaint.

The Gallery is obliged to respond in writing to complaints received in writing within thirty days. The business is obliged to justify its position rejecting the complaint, and it is also obliged to inform the consumer in writing about which authority or conciliation body can initiate the procedure with his complaint - according to its nature. The mailing address of the competent authority or the conciliation board at the company's headquarters must be provided. Further rules related to the handling of the complaint are set out in the 1997 CLV on Consumer Protection. contained in the law.

If the consumer dispute that may exist between the Buyer and the Gallery is not settled during negotiations with the Gallery, the Buyer may initiate court proceedings, and in the event of a consumer dispute, the following legal enforcement options are open to him:

- Filing a complaint with the consumer protection authority,

– Initiation of the conciliation board procedure:

The Budapest Conciliation Board, which operates alongside the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99., Phone: 06-1-488-213, Fax: 06-1-488-2186, E-mail: bekelteto.testulet@bkik.hu

In the application of the rules applicable to the Conciliation Board, a consumer is also a non-governmental organization, church, apartment building, housing association, micro, small and medium-sized enterprise under a separate law who buys, orders, receives, uses, makes use of goods, or commercial communications or offers related to the goods addressee.

XI. Other provisions

By viewing the website and ordering the product, the Customer declares that he has read and accepted the contents of these General Terms and Conditions.

The contract is drawn up in Hungarian.

The contract is governed by Hungarian law.

The Gallery accepted the code of ethics of the National Association of Hungarian Art Dealers and Galleries as binding on itself.

The Gallery is unilaterally entitled to change, expand, or reduce the services, content, and functions available on the website, and to introduce new services, contents, and functions. Among other things, the Gallery informs the Customers about the availability of new services, functions and content on the website.

All Buyers may use the website solely at their own risk and responsibility. By visiting the website, Buyers accept the General Terms and Conditions and the Privacy Policy as binding.

By accepting these Terms and Conditions and the Privacy Policy, customers consent to the Gallery processing their personal data provided and managed on the website for the purpose, manner and extent in accordance with the Terms and Conditions and the Privacy Policy.

These General Terms and Conditions are valid for an indefinite period, from the date of publication on the website until withdrawal.

The entry into force of these General Terms and Conditions:

Budapest, 21/08/2023

 

  1. annex

 

Cancellation statement sample

(only fill in and return if you wish to withdraw from the contract)

 

Addressee:

e-mail:

I, the undersigned, declare that I exercise my right of withdrawal regarding the contract for the sale of the following product/s:

Date of conclusion of contract / date of acceptance:

Order unique identification number:

Name of the consumer:

Address of the consumer:

Signature of the consumer: (only in the case of a statement made on paper)

 

Dated