GENERAL TERMS & CONDITIONS
VALID FROM 01.05.2021.
Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of the Gallery Horvath & Lukacs, and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.
These general terms and conditions determine the terms and conditions of sale of the artworks and products presented on the site and define the rights and obligations of the parties in this regard.
In our webshop, framed original works of art, sculptures, unique furniture creations, furniture decoration elements and high-quality wall decorations are offered, ordered and bought. Every product is unique, i.e. there is one of them. After placing the order, the customer has a payment obligation, the amount of which is specified in the order confirmation email.
In order to be able to order a product, the buyer must select the product of his choice, place it in the shopping cart and provide personal information that is necessary to fullfil the order (or log in if he has a user account). Before the buyer can confirm his order, he must check the information in the order overview and correct possible errors in the data entered.
The webshop reserves the right to change the general terms and conditions at any time. The start time of the terms and conditions is indicated by the date under the title at the top of the page. To be up to date, please visit the online shop regularly and read the current terms and conditions.
The current short version of the General Terms and Conditions is available in three languages. The detailed terms and conditions are only available in Hungarian and can be requested by the user via email. On request, the detailed version can be sent in all three languages. The possible contract languages are Hungarian, German and English, so that the text of the GTC is also available in three languages.
Product descriptions and text information on www.horvath-lukacs.com are available in three languages. The contract is subjected to Hungarian law. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Hungary, has moved his domicile or usual place of residence outside of Hungary after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought.
II. CONTACT INFORMATION OF THE OPERATOR OF THE ONLINE SHOP
NAME: Horváth & Lukács Galéria Kép-, Képkeret-, Művészeti Kellék-,Kereskedelmi és Gyártó Korlátolt Felelősségű Társaság
ADDRESS: H-9485 Nagycenk Kiscenki u. 47.
VAT-NUMBER: HU 11469476
COMPANY REGISTRATION NUMBER: Cg. 08-09-007045
Responsible Commercial Court: Győri Törvényszék Cégbírósága
Tel.: +36 99 532 210
Represented by: Horváth Ágnes
Customer Service: Horváth Ágnes firstname.lastname@example.org
OPENING HOURS IN THE HEADQUARTERS FOR PERSONAL VISITATIONS:
M-F 9.00h to 17.00h Sa 9.00h to 13.00h.
Hetzner Online GmbH.
Telefon: +49 (0)9831 505-0
IV. ORDERS, PROCESSING AND PRICES
No registration is required to place an order. Despite registration is possible at any time.
After selecting the choosen product, it must be placed in the shopping cart in order to be able to complete an order.
The products you have selected using the “Add to cart” button will be summarized again in an order overview at the end of the ordering process. Here you can check all the information you provided during the ordering process and add or correct it using the “Change” button. After clicking on the button “Proceed to checkout” you will come to the area where you enter the contact details. By clicking on the “Place Order” button, you send your order data and make a binding declaration to Galerie Horvath & Lukacs that you wish to purchase the products listed there (offer). We will automatically accept your offer upon receipt of your order. Shortly after submitting the order, you will receive an order and contract confirmation by email in which the details of your order are listed again.
The buyer’s account will only be debited with the payment once the buyer’s offer has been confirmed. This is done by Galerie Horvath & Lukacs within 48 hours to guarantee the availability of the work.
In case that the product is no longer available, the buyer will be informed by email within 48 hours. This will result in the cancellation of the order.
The purchase price of the works is listed in our online store are in the currency specified by the seller and includes sales tax and including shipping and packaging costs for Hungary and Austria.
Payment of the price of the work by the buyer to the seller is possible by using the following payment options:
The payment method can be a normal banking transfer or cash on delivery, whereby the terms and conditions and the information on data management and data transfer must be accepted by the customer.
The transfer of ownership takes place as soon as the buyer has paid the full purchase price. If the full price is not paid, the purchase will be automatically canceled and the work will be put back for sale on the Horvath & Lukacs gallery.
V. TECHNICAL DEVIATIONS
The data, photos and illustrations listed on the website, brochures and flyers, catalogs, newsletters and advertisements are purely informative. Information like e.g. the color, weight, placement and other similar parameters of the product may differ from the qualities and illustrations shown here.
It is worth subscribing to our newsletter because you can receive important information about products, artists and current promotions. We send our newsletters 1-2 times a month (depending on our activities, innovations, products, promotions and events) to our customers and interested parties who subscribe to our newsletter list.
Your data is important to us and is used for the purpose of sending the newsletter. Since the fall of the Privacy Shield Agreement (USA – EU) on July 16, 2020, we have therefore changed our newsletter platform to protect your data.
The protection of your personal data is absolutely important to our company. Processing and handling of data is done only on the basis of legal definitions and regulations. The Gallery undertakes to ensure that all data management related to its activity meets the requirements set out in this guide and in the applicable legislation. The Gallery reserves the right to unilaterally alter this guide at any time. The User accepts our actual applicable data security guide at the next entry, and there is no need to request the consent of each User.
Data security is important to us, which is why we have adapted the new guidelines in our data protection declaration. We would like to invite you to continue to receive our news, invitations to our exhibitions, important information about our promotions and new products. The information you provide here will only be used to send you our newsletter.
You can unsubscribe from our Nesletter at any time.
VII. CONFIDENTIALITY AND DISCRETION
The contractor endeavors to process the order with the utmost discretion and confidentiality. The contracting parties mutually undertake to keep secret the agreed conditions, which are marked or recognizable as confidential information, documents, data and process technologies that are neither publicly nor generally accessible and to make these available to third parties only with the prior written consent of the other contracting party. This does not prevent the contracting parties from disclosing confidential information, provided this is based on the exercise of mandatory legal provisions.
VIII. RESERVATION OF PROPRIETARY RICHTS
The delivered goods remain the property of GALERIE HORVATH & LUKACS until full and final payment.
IX. RIGHT OF WITHDRAWAL
Consumers generally have a right of withdrawal.
Further information on the right of withdrawal can be found in the seller’s cancellation policy.
X. LIABILITY FOR DEFECTS
If the delivered product is defective, the provisions of statutory liability for defects apply. The webshop operator guarantees the authenticity of all works of art sold by him and includes a certificate of authenticity. If there are any doubts about the authenticity of the work of art, the buyer must immediately notify it to the webshop operator of the objection in writing. The operator does not guarantee the products. The operator sells the products in the condition in which they are at the time of sale, with all specified defects. In all cases, the buyer can check the condition of the work of art in the operator’s gallery through a personal visual inspection and a visual inspection is therefore also recommended.
If the product is damaged during delivery, the buyer is obliged to notify the webshop operator in writing (by email to email@example.com) immediately, but no later than 3 days after receipt.
The repackaging costs are always payed by the customer, which the operator informs the customer by email along with the shipping costs and the customer is also responsible for consulting the return company (repackaging). If the buyer does not return the work of art within 1 month, then the buyer does not want to raise his quality objection and has accepted the service or product in accordance with the contract.
In case of defective or faulty performance, delivery liability applies. The operator performs incorrectly if the product is not original at the time of contracting. The operator will not provide faulty services and product if the buyer knew the fault when the contract was concluded or should have recognized it when the contract was concluded.
XI. FORCE MAJEURE
In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale.
Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the French courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures
The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.
XII. COLLECTION, PROCESSING AND USE OF PERSONAL DATA
XIII. NO FURTHER RIGHTS ARE GRANTED AND INTELLECTUAL PROPERTY
With the purchase of a photographic print or lithography you only acquire material ownership of the print. No other rights of use or copyrights are granted. Any reproduction (duplication), distribution, rental, making available to the public or any other analog or digital exploitation are not permitted unless permitted by law. However, you can resell the print.
The Seller guarantees that he/she is the author of the ceded Artwork and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties.
He/she commits to protect Gallery Horvath & Lukacs and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession.
Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork.
XIV. APPLICABLE LAW
These general terms and conditions of sale are governed by Hungarian law.
XV. ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.