PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS SITE. The following terms govern the use of this website: dinartgallery.com (hereinafter: “Site”). The contractual partner and user of these Terms & Conditions is Jeremcsuk Edina sole proprietor (hereinafter: “DinArt”, “we”). Address: 5. Pácoló utca Budapest, HU-1048 (Hungary) Tel.: +3620 627 6104 E-Mail: dinart.je11@gmail.com Our terms and conditions have been drafted to regulate the business relationship between the person who avails the services (hereinafter: “you”, “orderer”) and us, and are intended to be both binding and fair. By using this Site, you agree to the following terms of use (hereinafter: “Terms of Use”) and our privacy policy. If you do not agree to these terms, you may not use this Site. By accepting our terms of use, you agree to be bound by any modifications, alterations, or updates made by us. DinArt shall not recognise any different terms unless such conditions have been expressly agreed to by DinArt in writing. We are dealing with sophisticated and sensitive works of art. It is important to point out that art works are always dependent on environmental influences; their appearance and colour can change and fade. To ensure that you keep enjoying our works of art, you should not expose them, either in part or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Our art works are therefore not suitable for external areas, cellars, bathrooms or kitchens. The glass, the canvas and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection. Hosting Service MediaCenter Hungary Kft. Mail Address: H-6001 Kecskemét, Pf. 588. Address: H-6000 Kecskemét, Sosztakovics u. 3. II/6 Phone: 76 / 575-023 Fax: 76 / 575-024 Email: mediacenter@mediacenter.hu VAT: 13922546-2-03 General The information contained in this Site, including but not limited to the rules that govern the use of the Site, may be subject to change. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules, as changed. DinArt makes no representation that the information in the Site is appropriate or available for use in other locations,and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Copyright All Site design, text, graphics, and the selection and arrangement thereof are made by Jeremcsuk Edina, all rights reserved, or in the case of product material, all text and graphics are Copyright protected by the original owner, all rights reserved. Permission is granted to you to copy electronically and to print in hard copy portions of this Site for the sole purpose of using this Site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this Site, including reproduction for purposes other than noted above, modification, distribution, or reproduction, without the prior written permission of Jeremcsuk Edina is strictly prohibited. Trademark The Dinartgallery.com Site mark and logo are service marks of Jeremcsuk Edina sole proprietor. Order Acceptance Conclusion of contract The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. Different types of products are sorted in groups. These groups are found in the “SHOP” menu. By clicking on the product, the details and the photo of the product become visible. You select the products by pressing the “Add to cart” button. After putting the product into the cart you can return to the products or choose the starting of the order of the product in the Cart by clicking on “VIEW CART”. You can also delete the products from the Cart. The selected products are summarised again for you in the “YOUR ORDER” window during the process. Here you can review the various information provided during the order process. Because of the billing and the shipping you have to fill the “BILLING DETAILS” sheet by giving your contact details. After providing this information and choosing the Shipping and the Payment mode, the product can be ordered. The content of the cart can be changed and deleted until the forwarding of the order (by clicking on the button “PLACE ORDER” or the button “CONTINUE TO PAYMENT” depending on the payment method). Herewith you send the order details and make a binding declaration to DinArt that you want to purchase the products listed there (Order). We automatically accept your order upon receipt. Directly after sending the order, you will receive an email with an on-hold status of the Order, in which the details of your order are listed again, and the code number of the order, until we confirm that the payment has been received. When we receive the payment, we send an email with an order conformation. The receipt of an email order confirmation constitutes our acceptance of your order and the conclusion of a contract between us to sell the goods you have ordered, subject to these terms. If the confirmation does not arrive to you in 48 hours, you become free from the contract obligations. If you filled in the order with incorrect data or the email address is not correct you cannot confirm or fulfill the order. DinArt is not responsible for any harm or inconvenience arising from filling in the order incorrectly. Following such acceptance, DinArt will always seek to meet the requirements of your order. However, there may be circumstances following confirmation where we are unable to ship products due to unavailability (of which we were not aware at the time of the confirmation of the order). If that is the case, we will notify you as soon as possible and will refund the money for the unavailable products to your card or into your account. If the payment process has not begun at that time, the money for such products will not be withdrawn from your account or from your card. Equally, while DinArt endeavours not to make any errors on its website and to ensure that its descriptions, details and dimensions of its products, its prices and other information about DinArt or its products are accurate and up to date, errors can occur. If we identify an error that materially impacts a confirmed order, we will notify you as soon as possible and will provide you with the option of cancelling the order in full or the part(s) of this order affected by the misinformation. If you make such a cancellation, the money for the cancelled part of the order will be refunded to your account or onto your card (or will not be withdrawn if the payment process has not begun at that time). This in no way restricts or limits your ability to return the goods in line with our return policy. Certain orders may constitute improper use of our Site. DinArt reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Payment will not be taken, or will be refunded, for any refused orders. Your account may also be restricted or terminated if you have breached these Terms of Use or any other policy or terms of use relating to the Site or if you have otherwise misused the Site. Verification of certain information may be required prior to the acceptance of any order. An order may not be accepted if such information is not forthcoming from you following such a request. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and DinArt reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). The contract is governed by Act CVIII. of 2001 Certain Aspects of Electronic Commerce and Information Society Services. The contract is covered by the particular regulations of government decree 45/2014 (II.26.) on the Detailed Provisions of Contracts Concluded between Consumers and Companies. It complies with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights. Please note that we sell all products in small quantities only. Links to Other Web Sites DinArt makes no claim or representation, and accepts no responsibility regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or web sites linking to this Site. Warranties and Disclaimers The guidance for our responsibility for the guarantees and expiry dates are laid down in the Civil Code and in decree 19/2014. (IV. 29.) of NGM. DinArt intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “as is.” You expressly agree that your use of this site is at your sole risk. DinArt, solely to the extent that any such warranties can be excluded in accordance with applicable law, expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this Site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. Unless expressly agreed otherwise, statutory warranty rights shall apply. The statutory warranty period of six months shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge. If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded. The summary of the warrantee and guarantee claim can be found on the website of the Hungarian Authority for Consumer Protection: http://fogyasztovedelem.kormany.hu/taxonomy/term/18 Cancellation Please note that sales are final for any works with an “Order Unique Graphics” selected by you, as these pieces are produced to your individual specifications. You have the following right of cancellation for all online orders of any other works (in the presentation specified by DinArt): Right of cancellation You have the right to cancel this contract without reason within fourteen days. The cancellation policy lasts 14 days from: 1) The day on which you, or a third party named by you who is not the shipping service, take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery or 2) The day on which you, or a third party named by you who is not the shipping service, take(s) the final goods into possession in the event that multiple items from a single order are shipped separately. To exercise your right to cancel, you must inform us (Jeremcsuk Edina 5. Pácolóutca Budapest, HU-1048 (Hungary); Tel.: +3620 627 6104 ; E-Mail: dinart.je11@gmail.com) of your decision to cancel in a clear, written statement (by letter or e-mail, for instance). You may use the cancellation form we have provided, but are not required to do so. The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period. Cancellation Terms and Process Should you cancel the sale contract, we are to refund all payments received from you, promptly – at the latest within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is considered met as long as the return shipment of goods is sent out within the allotted period. In case of cancellation you are required to send the products for DinArt in appropriate package (at least in similar package in which you received the product) which guarantees that the products cannot be damaged. The cost of the return is paid by you. In case of cancellation you are bound to send back the bill issues by DinArt. You are only responsible for any decrease in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods. Delivery Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 10 workdays. DinArt may also send you the Certificate of Authenticity with the artist’s signature – if you ordered a “Unique Graphics” product. In addition, DinArt may also send you the Edition Certificate with the artist’s signature, if you ordered a “Printed on Canvas” product. If you exercise the right of cancellation, you must also immediately return the unused Edition Certificate or the Certificate of Authenticity. The purchase price shall not be refunded without receipt of the Edition Certificate or the Certificate of Authenticity. The right of cancellation shall lapse if the Edition Certificate or the Certificate of Authenticity is used on the work of art, the frame or elsewhere. Prices, due date and payment, default The online prices include sales tax and shipping costs. The purchase price is paid via direct bank transfer, or via PayPal. Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, DinArt shall have the right to demand an administration fee of €5.00 from the orderer. If you are in default, DinArt reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank, and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, DinArt may charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, DinArt reserves the right to assert claims in respect of these. Shipping costs Shipping, which includes our secure special packaging, is included in the purchasing price. Limitation of Liability Within the scope of statutory provisions, DinArt is liable for damages without restriction in the following case: which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by DinArt or one of its legal representatives; The liability of DinArt shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by DinArt or one of its legal representatives. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on. Applicable law The Site is operated by DinArt from its office in Budapest, Hungary. These terms and any non-contractual obligations arising from them or in relation to them shall be governed and construed in accordance with the laws Hungary. For the interpretation of the Terms of Use the Hungarian law is applicable, in particular Act V. of 2013, Act CVIII. of 2001 on certain issues of electronic commerce services and information society services and Government Decree no. 45/2014 (II. 26.) on the detailed rules of contracts concluded between consumers and businesses. Complaints All complaints about the activity or products of DinArt shall be directed to: Jeremcsuk Edina 5. Pácoló utca Budapest, HU-1048 (Hungary) Tel.: +3620 627 6104 E-Mail: dinart.je11@gmail.com Last update: 30.03.2019
