PaintingByPainting – Terms & Conditions
Vedius Soft s.r.o.
operates an online gallery on the internet platform paintingbypainting.com for unique paintings (hereinafter "online gallery" or "gallery"). Buyers can purchase paintings, artists can offer their own paintings for sale as a seller through gallery.
I. Scope, online gallery
1. These Terms & Conditions govern the user agreement with Vedius Soft as well as the use of the online gallery. In addition, special conditions can apply for particular situations in the contractual relationship.
2. In the event that an agreement is concluded between buyers and sellers in the online gallery, Vedius Soft is categorically not a contracting party. This does not apply when Vedius Soft expressly acts in a PaintingByPainting gallery as a seller.
4. Gallery availability is not guaranteed. Maintenance performed on the online gallery may have an impact on its availability. When possible, maintenance work will be carried out so minimal inconvenience is caused to members. Routine or planned maintenance work will be carried out at times of low use and with sufficient notice if it is to be of significant duration. In addition, it may be necessary to carry out maintenance work without notice, for instance in cases of unforeseeable events. The same applies to performance or other tests in connection with the further development and improvement of the online gallery.
II. Registration as a member
1. It is generally free to visit and view the online gallery, all offer pages, paintings, artist's profiles without registration, buy paintings. Member registration is required for any other functions.
2. By registering and agreeing to the Terms & Conditions, natural and legal persons may become members at PaintingByPainting. Natural persons must be of legal age. There is no automatic entitlement to membership. Registration of a legal person may only be done by an authorised natural person who must be named. In the event that a community of people can only be effectively represented by several other people, the person acting through gallery as a representative for the legal person community must be duly authorised for this purpose.
3. Member accounts are generally non-transferable and may only be used by the member personally.
4. DaWanda endeavours to accurately determine the identity of its members, yet cannot rule out the possibility that some members may use a false identity.
III. Cancellation policy for users
Users have the following right of withdrawal:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reason.
The withdrawal period is 14 days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (Vedius Soft s.r.o., Adamova 466, 16200 Praha, Czech Republic, e-mail: firstname.lastname@example.org, skype vedius.soft making a clear statement (e.g. by letter sent by post, fax or e-mail) of your decision to withdraw from the contract. You may use the withdrawal form template for this purpose, but this is not compulsory.
In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired. Consequences of withdrawal: If you withdraw from this contract, we will refund all payments we received from you, excluding delivery costs, without delay and at the latest within 30 days from the day on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method as used for the original transaction (PayPal), unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. If you have already asked for service to begin during the withdrawal period, you shall pay a reasonable amount, proportionate to the service already provided up to the date on which you notified us that you were exercising your right to withdraw from this agreement, compared to the full scope of services provided for in the contract.
The right of withdrawal is forfeited in supply of services contracts when the trader has fully provided said service and/or has begun to provide said service after obtaining the express consent from users to do so before the expiry of the period for withdrawal, wherein the user acknowledges that by so doing they are waiving their right of withdrawal.
Rights of termination remain unaffected.
IV. Conclusion of contracts between members
1. Paintings being made available in the gallery constitute a binding offer to conclude a contract on the part of the respective artist. The contract is concluded when a buyer has gone through each step of the ordering process and has finished by pressing the "Buy Now with PayPal" button.
2. Online gallery is not involved in the conclusion of agreements between members and does not provide any guarantees on the condition of goods and services offered by members. The providers of goods and services are solely responsible for the description of the goods they offer.
Using gallery as a buyer are free. DaWanda only charges sellers' costs in the form of fees, commission, or other remuneration.
VI. Obligations of Members
1. Members are permitted to use the online gallery only for lawful purposes, whilst observing good etiquette. Additionally, members are fully responsible for their own content.
2. Members are obliged to keep the password to their profile secret at all times and also to inform PaintingByPainting gallery immediately as soon as there is suspicion of wrongful use of the member's account by an unauthorised party.
3. Furthermore, any address, e-mail address, and other contact information which a member obtains in the context of marketplace use may not be used or distributed for any other purpose.
4. Only truthful and factual statements which do not include any defamatory content may be made when evaluating the order process. Inappropriate use of the evaluation system is strictly prohibited.
5. Members are prohibited from using malicious technologies that may harm the online gallery, or bring about an excessive burden on the gallery, it’s members or third parties. Members are prohibited from publishing content which may compromise the integrity, stability or availability of the gallery.
6. We point out that content on the online gallery is in principle available worldwide and therefore the legal requirements of other countries must be respected.
VII. Sanctions and other measures in case of violation
1. As soon as Vedius Soft has firm evidence of a member's breach of legal regulations, third party rights, these Terms & Conditions or other legitimate interests of Vedius Soft (hereinafter "suspected abuse"), Vedius Soft reserves the right to take action against this member. In these situations, Vedius Soft considers the operational requirements of the online gallery and its own liability risks, as well as the legitimate interests both of any claimant and the member when making a decision. Until the suspected abuse has been completely removed, Vedius Soft may among other things:
- warn members to cease violations immediately;
- change the member's content or reviews or delete them without replacement;
- temporarily restrict or limit members' accounts;
- temporarily disable members' accounts;
- exclude members completely and permanently.
Vedius Soft expressly reserves the right to take additional measures. This is without prejudice to Vedius Soft's right to resort to legal remedies relating to misuse.
2. After becoming aware of suspected abuse, Vedius Soft will always inform the member about the suspicion and, depending on the individual case, allow reasonable time for the member to respond.
VIII. Rights of Use
1. The member grants online gallery all necessary rights to their content on the online marketplace for the purposes of fulfilling the agreement. This especially covers the right to reproduce, distribute, make available to the public or edit a member's content for the purpose of providing the services. Depending on the uploaded content, all the member's content can be used, even after termination of the membership (e.g. expiring offers, posts in the forum).
2. Furthermore, the member grants online gallery the right to use the member's content in online gallery advertising or individual offers, including for internet advertising (including affiliate advertising, eCards, etc.), print advertising and/or TV commercials. Vedius Soft is entitled to reproduce the member's content for that purpose, to distribute it, make it publicly available, adapt or broadcast it, and/or to make visualisations available to the public. This right to advertise ends when membership of the member in question is terminated. However, Vedius Soft has the right at this point to use already produced or existing advertising media for a transitional period of at least 6 months.
3. The rights granted under points 1 and 2 are granted by the member to online gallery as simple, geographically unlimited and free rights of use. The rights granted under points 1 and 2 above may be assigned and sub-licensed by online gallery to third parties if there are no overriding legitimate interests of the member.
IX. Limitation of liability
1. The following provisions for limitation of Vedius Soft's liability apply to all claims for damages and liability cases, regardless of the legal grounds on which they are based, except for:
a) claims of the member for damage resulting from loss of life, physical injury and damage to health,
b) the rights and claims of the member in case of fraudulent concealment of defects by online gallery or due to absence of a feature for which online gallery provided a guarantee,
c) rights and claims of the member based on wilful or grossly negligent behaviour on the part of online gallery, its legal representatives, or agents
The aforementioned exceptions will only be subject to statutory provisions.
2. Vedius Soft is liable for damage caused by simple negligence only where material obligations have been breached (major obligations), i.e. obligations whose fulfilment is essential for the achievement of the purpose of the agreement or whose fulfilment can normally be expected by the contracting partner. In the case of a breach of major obligations, online gallery's liability is limited to compensation for losses reasonably foreseeable by Vedius Soft at the time of conclusion of the agreement. Otherwise, online gallery's liability for losses caused by simple negligence is excluded.
3. Vedius Soft is not liable for non-availability of the online gallery. No claims can be made against Vedius Soft where this non-availability affects purchase agreements, for example because an item cannot be listed or a purchase agreement cannot be concluded. Likewise, any strict liability by Vedius Soft due to initial defects is excluded.
4. Vedius Soft is not liable for the execution of contracts between members.
XI Final provisions; applicable law; jurisdiction
1. The effective contract language is English. Correspondence between Vedius Soft and members will be conducted in English.
2. Vedius Soft has unrestricted digital domiciliary rights as operator of the gallery.
3. Vedius Soft may use third parties as agents to fulfil the contract. Claims against Vedius Soft may be wholly or partially transferred to such third parties.
4. Czech law applies in respect of all legal disputes arising in connection with the user agreement, under exclusion of the UN Sales Convention – Contracts for the International Sale of Goods (CISG). Mandatory provisions of laws of the place where the customer has their habitual residence remain unaffected.
5. Exclusive jurisdiction is the official domicile of Vedius Soft where the customer is a merchant, legal entity under public law, or public law special fund. This also applies if the member has no general jurisdiction in Czech Republic, the member moves their domicile or habitual residence from Czech Republic or the domicile or habitual residence is not known.
End of Terms and Conditions