Terms and conditions for purchase through the VERVE.GALLERY e-shop

 

 

ARTICLE 1  

SUBJECT OF TERMS AND CONDITIONS AND DEFINITION OF TERMS

 

1.1.  These Terms and Conditions for Purchase through www.verve.gallery (the "Terms and Conditions") govern the legal relations between PRAETORI s.r.o., with its registered office at Pavlovičovo námestie 20, 080 01 Prešov, CRN: 46 033 947, VAT ID: 2023212917, registered In the Commercial Register at Prešov District Court, Section Sro, File no.: 24132/P, email: hello@verve.gallery, mobile: 0910 906 217 (hereinafter referred to as "PRAETORI" or the "Company"), which within the scope of its business activities is authorized to provide services and activities for any natural person or legal entity interested in purchasing the goods of the Company (the "Buyer") through www.verve.gallery pursuant to Law no. 102/2014 on the Protection of the Consumer in the Sale of Goods or the Provision of Services on the basis of a Contract Concluded Outside the Premises of the Seller and on the amendment and supplementing of certain laws, as amended (the "Law").

1.2.  These terms and conditions for purchase through www.verve.gallery (the "Terms and Conditions") also govern the legal relations between the seller: the author and / or the owner of the work of art in the name and on behalf of which the sales representative: PRAETORI s.r.o., with its registered office at Pavlovičovo námestie 20, 080 01 Prešov, CRN: 46 033 947, VAT ID: 2023212917, registered In the Commercial Register at Prešov District Court, Section Sro, File no.: 24132/P, email: hello@verve.gallery, mobile: 0910 906 217, (Hereinafter referred to as the "Company" or "Seller") and a natural or legal person interested in purchasing a work of art from the seller (the "Buyer") through www.verve.gallery pursuant to Law no. 102/2014 on the Protection of the Consumer in the Sale of Goods or the Provision of Services on the basis of a Contract Concluded Outside the Premises of the Seller and on the amendment and supplementing of certain laws, as amended (the "Law").

1.3.  Supervision of the Company’s compliance with the law is carried out by the Slovak Trade Inspectorate.

1.4.  Purchasing via www.verve.gallery means the manner of selling the Company's goods through means of remote communication without the simultaneous physical presence of the Company as Seller and Buyer by using the company's Web site www.verve.gallery on the basis of an order placed via the e-commerce of the Company (verve.gallery, E-shop ); With the subsequent conclusion of a contract between the Company and the Buyer (hereinafter referred to as "Purchase outside the Premises of the Company").

1.5.  The Company Website through which the Company allows buyers to place orders for the purchase of goods within the scope specified by the Company is www.verve.gallery (hereinafter referred to as "Verve.Gallery, E-shop").

1.6.  A contract or other legal relationship entered into between the Company and Buyer in the form of Purchase outside the Premises of the Company or on the basis of an Order filled for Purchase outside the Premises of the Company (hereinafter referred to as "the Contract") is, in particular, a Purchase Contract or any other legal act, outside of the premises to the buyer, which is concluded on the basis of the Buyer's Order in the given case.

1.7.  The expression of the will of the Buyer in the form of Purchase outside the Premises of the Company, from which it is clear that the buyer is interested in buying goods offered by the Company and at the same time subsequently concluding the relevant Contract with the Company is hereinafter in these Terms and Conditions referred to as the "Order". Goods are understood to be (printed derivatives: posters, clothing with print, design products with printing, digital files: wallpapers for smartphones, tablets, desktops..., artwork) that are offered by the company, in particular but not exclusively, or other goods offered by the Company (the "Goods").

1.8.  A consignment made by the Company on the basis of a Buyer's Order delivered by the Company by means of a delivery service and containing the relevant Goods and documentation related to Buyer's Order, in particular the draft Contract signed by the Company, the Goods and other accompanying documents such as a guarantee), receipt for money, document of receipt of goods, is hereinafter referred to as "Consignment" in these Terms and Conditions. If the order contains only a digital file, the buyer will receive a download link by email. In case of the order that contains only a digital file, the buyer will obtain the link that could be downloaded via email.

1.9.  The Buyer by submitting an Order through the e-shop website www.verve.gallery confirms that he is aware of the contents of these Terms and Conditions, which form an integral part of the Claims Procedure, and that he agrees that these Terms and Conditions apply to all Contracts concluded on the basis of an Order sent by the buyer to the though the e-shop website of www.verve.gallery, or other means of remote communication in accordance with the Company's range of goods and on the basis of which the Company will deliver the goods offered by the Company on the www.verve.gallery e-shop to the buyer and on all related relations between Businesses and buyers, including but not limited to claims on goods.

1.10.  These Terms and Conditions are an integral part of the Contract. If the Company and Buyer conclude a written Contract in which they agree terms different from these Terms and Conditions, the provisions of the Contract will prevail over the provisions of these Terms and Conditions.

1.11.  The Company may unilaterally change the Terms and Conditions and Claims Rules, as well as the range of goods offered and their provision. The Company makes the stated changes particularly in the case of a change of legal regulations, introduction of new goods etc.

 

 

ARTICLE 2

METHOD OF ORDERING GOODS AND CONCLUDING THE CONTRACT

 

2.1.  The Buyer is entitled to send to the Company an Order in the form of Purchase outside the Premises of the Company with the required range of goods offered by the Company in the manner and according to the Company's instructions. A condition of the validity of the Order is the completion / notification of all required data and particulars in the manner and according to the instructions of the Company, and the buyer is obliged to provide complete, up-to-date and truthful information. The Company has the right to verify all data entered by the Buyer before accepting the Order. If the Company finds a discrepancy with the entered data or identifies an obstacle preventing the Company from accepting the Order, it shall inform the Buyer accordingly. The Company has the right to refuse the Order if the Buyer did not accept the previous two Orders or they were not delivered due to the Buyer's unavailability.

2.2.  The Buyer’s selected goods and their price are specified in the Order / Draft Contract, which will be delivered to the Buyer in the Consignment upon the acceptance of the Order by the Company.

2.3.  In accordance with § 10a of the Consumer Protection Law, the Buyer is informed about the product's features in the context of Purchase outside the Premises of the Company.

2.4.  The Buyer, by sending an Order to the Company, confirms that the Company has fulfilled its information obligations in accordance with the provisions of § 10a of the Consumer Protection Law.

2.5.  The Order is accepted by the Company: (i) at the time of sending the confirmation e-mail message marked "Order Confirmation" to Buyer's e-mail address given in the Order after verification of the availability of the goods, valid prices and the delivery date, or (ii) by another method by the Company. The automatically sent notice of receipt of the Order into the Electronic System of the Company, that the Buyer receives by email immediately after sending his order is not considered to be binding acceptance of the Order. If the order contains only a digital file, the buyer will receive a download link after payment. The order will be automatically accepted. In case of the order that contains only a digital file, the buyer obtains the link that could be downloaded after effectuating the payment. The order will be automatically accepted.

2.6.  The Company is entitled to determine scope of the offer for Purchase outside the Premises of the Company, including its terms and any limitations. The above information, as well as information about the main characteristics of the goods and the price of individual goods, is disclosed and made available to the Buyer by means of remote communication. The Company is entitled to change its offer or the possibility of ordering goods through Purchase outside the Premises of the Company temporarily or permanently.

2.7.  The Company is entitled not to allow the Buyer to place an Order if, at the time of placing the Order, the Buyer does not fulfil all conditions for the conclusion of the Contract, or the Company finds a valid Order not yet concluded for the given Contract by the Buyer, the Buyer has entered incorrect data or, based on the provided data, the Company refuses to accept the Order. The Company informs the Buyer of the reason for the rejection of the Order.

 

 

ARTICLE 3

SHIPPING

 

3.1.  Costs related to delivering the Consignment are paid by the Buyer.

3.2.  Consignments are delivered by the Company to the Buyer within 30 business days of the date of acceptance of the Order by the Company to the address indicated by the Buyer in the manner specified in the Order (by post, by post with payment to postal worker, by courier service, etc.) unless another delivery period is agreed.

3.3.  The buyer is obliged to receive the goods at the place of delivery and sign the Contract if it is included and the other accompanying documents (in particular the document of receipt of goods) in person or arrange for the goods to be received by a person authorized his absence to receive the goods mentioned in the Order / Contract and sign the document of delivery of goods as well as all related documents contained in the Consignment requiring the signature of the Buyer. The authorization of a third person to sign the Accompanying Documents on behalf of the Buyer and to receive specific goods from the Company must be expressly stated in the presented power of attorney given to the third party by the Buyer.

3.4.  If the Consignment can not be delivered to the Buyer for reasons on the Buyer's side (for example, the Addressee is not available, discrepancies in the identification data in the Order, refusal of the Buyer to receive the Consignment by the Buyer in whole or in part), the Company is not bound by the Order from the moment of the impossibility of delivering the Consignment arises.

3.5.  The Company is also no longer bound by the Order if the buyer refuses to sign any document, the validity and effectiveness of which requires the buyer's signature or if the buyer fails to pay for the goods ordered within the due date and according to the instructions of the Company or if, after the confirmation of the Order, the Company discovers the Buyer does not meet the conditions for placing the Order, in which case the validity of the Order will expire at the moment the Buyer is notified of this fact.

3.6.  The Buyer is obliged to prove his identity and also his authorization to receive the Consignment to the deliverer of the Consignment, in accordance with the Company's instructions.

3.7.  The Buyer is entitled to authorize a third person in writing to take delivery of the Consignment and sign the accompanying documents, including the Contract (if attached), whereby the person so authorized is obliged to hand over the original or an officially exemplified copy of the power of attorney to the Buyer upon delivery to the entity which delivers the goods, together with his signature on all documents whose signature is required in connection with the conclusion of the Contract and taking delivery of the goods.

3.8.  The Goods are considered to have been delivered at the moment of delivery of the goods to the place of delivery and taken when the goods are physically taken by the Buyer or his authorized representative, or with the refusal to take delivery of the goods, which the entity delivering the Consignment records the delivery and handover document.

3.9.  The buyer is required to check the consignment immediately upon delivery. If the buyer finds that the packaging of the Consignment is mechanically damaged, he is required to notify the deliverer and check the condition of the Consignment in his presence. If the goods are found to be damaged upon their receipt by the buyer, he is obliged to draw up a record of the extent and nature of the damage to the goods (the damage record) immediately after receiving the goods, the accuracy of which is confirmed by the deliverer. On the basis of this written record delivered to the Company, the Company may, after settling the damage event with the deliverer, provide the buyer with removal of the defects, a discount on the goods or in the event of irreparable defects, supply the Buyer with new goods.

3.10. The delivery of digital data is provided through the link. The buyer could download the file by clicking on this link. The buyer will obtain the link via email in the same way as when s/he has an open/crated account in the section Orders.


 

 

ARTICLE 4

PAYMENT TERMS

 

4.1.  All prices for the goods of the Company, as well as the fees, are total prices including VAT.

4.2.  The Buyer is obliged to pay the Company the price of the goods agreed in the Order (hereinafter referred to as "the Price") in advance and in the manner specified in the Order.

4.3.  The Buyer is required to pay the price to the Company via Internet Banking or through Paypal or via Tatrabanka CardPay.

4.4.  The Company is entitled to send the invoice on the basis of the Order electronically to the Buyer's e-mail address. The buyer agrees to send the electronic invoice and notes that the invoice for the ordered goods will not be sent to him by post.

4.5.  The Company provides delivery on the basis of an Order for Purchase outside the Premises of the Company exclusively within the territory of the Slovak Republic and if the Company expressly states so at www.verve.gallery then to those countries additionally.

 

 

ARTICLE 5

RIGHTS AND OBLIGATIONS OF THE COMPANY

 

5.1.  The Company is obliged to:

(a)   deliver, on the basis of an Order confirmed by the Company to the Buyer, goods of the agreed quantity, quality and deadline and to pack or prepare the goods for transportation in the manner necessary for their preservation and protection,
(b)   ensure that the goods delivered comply with the generally binding legislation of the Slovak Republic,
(c)   submit to buyer at the latest, together with the Goods, in written or electronic form, all documents necessary for taking delivery of and use of the Goods and documents in accordance with generally binding legal regulations.

5.2.  The Company has the right to the proper and timely payment of the price for the delivered goods by the buyer.

5.3.  The Company has the right to cancel an Order if, due to the selling out of stock or the unavailability of the goods, it is unable to deliver the goods to the Buyer within the time specified by these Terms and Conditions or at the price stated in the verve.gallery e-shop or other format through which the goods are offered, if the buyer does not agree to alternative provision. The Company informs the Buyer of the cancellation of the Order by e-mail and in case of payment of the price or part thereof, the Company returns the received funds to the Buyer within 14 days of the cancellation of the Order to the bank account specified by the Buyer, unless the parties agree otherwise.

 

 

ARTICLE 6

RIGHTS AND OBLIGATIONS OF THE BUYER

 

6.1.  The Buyer has the right for the goods to be delivered in the quantity, quality, deadline and place agreed by the parties in the binding acceptance of the Order. The Buyer accepts delivery deadlines without reservation and undertakes to take delivery of the ordered goods.

6.2.  The Buyer is obliged:
(a)    to take delivery of the ordered goods,
(b)    to pay the Company the agreed price by the agreed payment deadline,
(c)    in case of the physical delivery of goods, confirm on the delivery note that he has taken delivery of the goods with his signature or with the signature of a person authorized by him,
(d)   sign all documents connected with the ordered goods, the validity and effect of which requires a signature on the part of the buyer.

 

 

ARTICLE 7 

ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO GOODS

 

7.1.  The ownership rights to the goods pass to the buyer, subject to payment of the entire purchase price, when he takes delivery of the goods, unless otherwise specified in the Contract. In case of digital data/files/ it concers only the ownership of license for personal use.

7.2.  Unless otherwise stated, the risk of damage to the goods passes to the buyer at the time of receipt of the goods from the Company. If the buyer does not take delivery of the goods to the point of delivery in a proper and timely manner, the risk of damage to the goods passes to the buyer at the time the Company allows him to use the goods and the Buyer does not take delivery.

 

 

ARTICLE 8

WITHDRAWAL FROM THE CONTRACT

 

8.  Withdrawal from the Contract

8.1.  The Buyer has the right to cancel or change the order without giving any reason until he receives confirmation of binding acceptance of the Order from the Company by e-mail or other means of communication.

8.2.  The Company reserves the right to change or cancel the Order in the following cases:
(a)   The Order cannot be bindingly accepted for reasons on the Buyer's side (e.g. incorrect details such as ID number, ID card number, telephone number, unavailable, not responding to emails, etc.); The company informs the buyer of the reason for non-acceptance of the Order;
(b)   The goods are no longer manufactured or delivered or the price of the goods has changed significantly. If this occurs, the Company will immediately contact the buyer to agree on the next steps. If the Buyer has already paid part or the whole amount of the price for the Goods, the Company shall return it to his account or address within 14 days from the date of notification by the Company of a change or cancellation of the Order.

8.3.  The buyer cannot withdraw from a Contract which is for the sale of goods manufactured according to the specific requirements of the buyer, tailor-made goods or goods specifically for one buyer.

8.4.  A Buyer who is a consumer (i.e., a natural person who in concluding the contract is not doing so in the course of his / her business) may, without giving reasons, withdraw from the Contract for Purchase outside the Premises of the Company within 14 days of the date of receipt of the goods if it concerns delivery of goods.

8.5.  Withdrawal from the Contract under to the preceding point must include the identification of the Buyer, the number and date of the order, the exact specification of the goods, the manner in which the Company should return the already received performance, in particular the bank account number and / or postal address. At the same time, with the withdrawal from the Contract, he is obliged to deliver the goods together with accessories, including the documentation on the goods, to the address of the place of sale of the Company.

8.6.  If the Buyer withdraws from the Contract and delivers to the Company goods that are used, damaged or incomplete, the Company is entitled to damages of the amount of the value of repairing the goods and bringing the goods back to their original state.

8.7.  The Buyer may exercise their right to withdraw from the Contract in writing at: Praetori s.r.o, Konštantínova 6, 08001 Prešov. The Buyer is obliged to return the goods to the Company at this address intact, in the original undamaged packaging, complete, including all accompanying documents sent to the buyer together with the goods. The cost of returning the goods is borne by the buyer. For this purpose, the buyer may use the template to withdraw from the contract, which is part of the Consignment or will be available at www.verve.gallery/faq.

8.8.  The Company hereby informs the Buyer who is a consumer, that if he withdraws from the Contract, he will bear the cost of returning the goods.

8.9.  The buyer cannot withdraw from the contract if the object of the transaction/sale is only a digital file, which the buyer has already downloaded.

 

 

ARTICLE 9

RETURNS PROCEDURE

(responsibility for defects, guarantee, returns)

9.1.  This Return Procedure of the Company regulates the procedures and application and arranging of returns, complaints, and comments from consumers in the return of Company goods sold by the Company as Purchase outside the Premises of the Company.

9.2.  The company is responsible for the defects that the goods have when the buyer takes delivery. The Buyer is obliged to complain of defects in the Goods without undue delay, otherwise the Buyer waives his right for the Company to remove the defect.

9.3.  Claims handling is subject to the valid claims procedure published on the web site www.verve.gallery/reklamacia e-shop. By sending an Order to the Company, the Buyer confirms that he has been duly informed about the terms and manner of making a claim on the goods, including the details of where the claim can be made and the performance of guarantees & repairs  in accordance with § 18 par. 1 of Law no. 250/2007 on Consumer Protection and on amending the Law 372/1990 on Misdemeanours as amended (hereinafter referred to as the "Consumer Protection Law").

9.4.  The Buyer has the right to apply the guarantee of the Company only for goods that show defects caused by the manufacturer, supplier or Company, covered by the guarantee and purchased from the Company. The Buyer is obliged to present the goods, including accessories, documentation and instructions, the original packaging of the goods, the guarantee document and the proof of payment, to the authorized representative of the Company (hereinafter referred to as the "Goods Documentation") when returning goods.

9.5.  The Buyer is obliged to perform a check of the goods when taking delivery of the goods. If he fails to do so, he can only claim for defects if he can prove that the defects were present at the time the goods were received.

9.6.  If the goods are defective, the buyer has the right to make a claim at the point of sale of the Company in accordance with the provisions of § 18 par. 2 of the Law by delivering the goods by mail to: Praetori s.r.o, Konštantínova 6, 08001 Prešov. The buyer is obliged to indicate in the accompanying letter exactly the type and extent of the defects of the goods. In case of any doubt, please contact the Customer Support of the Company: orders@verve.gallery.

9.7.  The buyer has the right to make a claim also to a person authorized by the manufacturer of the goods to perform guarantee repairs (hereinafter referred to as a "designated person"). The list of designated persons is listed in the guarantee card or is sent to the buyer at his request by the Company.

9.8.  The company is obliged to accept a complaint at any sales point where receiving claims is possible or through the designated person in accordance with § 18 par. 2 of the Consumer Protection Law.

9.9.  The claim proceedings for goods that can be delivered objectively to the Company starts on the day that all the following conditions are met:
(a)    delivery to company of the completed claim form by the Buyer,
(b)    delivery to the Company of the Goods subject to the claim, their accessories and documentation. 

9.10. The Company recommends the buyer insure the consignment containing the goods subject to the claim. The company does not take goods returned with recorded delivery.

9.11.  The beginning of the claims procedure is also the date of making the claim.

9.12.  The Company or designated person issues the buyer a confirmation of the claim on the goods in an appropriate form chosen by the Company, in e-mail or written form (the document on the receipt of the goods), in which they are obliged to state the defects on the goods in accordance with the provisions of  § 18 par. 5 of the Consumer Protection Law and to inform the consumer about his rights under § 622 and § 623 of the Civil Code. If a complaint is applied by means of remote communication, the Company is required to deliver confirmation of the receipt of the claim to the Buyer immediately. If it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with the document on handling the claim. A confirmation of a claim made does not have to be delivered if the buyer has the ability to prove in another way that a claim was made.

9.13.  On the basis of a buyer's decision about which of its rights under § 622 and § 623 of the Civil Code it is applying, the Company or the designated person is obliged to determine a manner of deciding the claim in accordance with § 2 m) of the Consumer Protection Law, in more complex cases within 3 days from the commencement of the claim procedure, in justified cases, especially if a complex technical evaluation of the state of the goods is required, no later than 30 days after the beginning of the complaint procedure. After determining the manner in which the claim is to be handled, the Company or the designated person decides the claim immediately, in justified cases, the claim may be decided later. However, deciding the claim may not take longer than 30 days from the date of the claim. After the expiration of the deadline for claim handling, the buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The completion of claim handling and the outcome of the claim are communicated to the Buyer in the form agreed between the parties (by e-mail, sms, telephone or registered letter). Together with the return of the goods subject to the claim, the Company will deliver a claim report to the buyer. If the Buyer has made a claim on goods during the first 12 months from the receipt of the goods by the Buyer, the Company may reject the claim only on the basis of an expert's opinion or a position issued by an authorized, notified or accredited person or an opinion of a designated person. Regardless of the outcome of the expert assessment, the Company may not require the Buyer to pay the costs of expert assessment or other costs related to the expert assessment of the Goods.

9.14.  If the Buyer has made a claim on the Goods more than 12 months after the goods were received by the buyer and the Company has rejected it, the person handling the claim is obliged to indicate in the confirmation of handling the claim, to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the designated person listed in the claim document, the cost of the expert assessment of the goods, as well as all other related costs are borne by the Company irrespective of the outcome of the expert assessment. If the Buyer uses the expert assessment to demonstrate the Company's liability for the defective product, he may resubmit the claim; The guarantee period does not run during the period of professional assessment of the goods. The Company is obliged to pay the buyer within 14 days of the day of the resubmitted claim all costs incurred to arrange the expert assessment of the goods as well as all the related expenditure incurred. The resubmitted claim can not be denied.

9.15.  The Buyer does not have the right to make a claim for a defect of which he was warned by the Company at the time of the conclusion of the Contract or which, having regard to the circumstances under which the Contract was concluded, he had to be aware of.

9.16.  The Company reserves the right to replace the defective goods for other similar goods with comparable technical parameters.

9.17.  The right to apply the Buyer's guarantee from the Company is void in particular in the following cases:
(a)   mechanical damage to the Goods by the Buyer,
(b)   improper handling, operation or neglect of the care of the goods,
(c)   use of the goods under conditions which do not correspond to the natural environment in terms of their humidity, chemical and mechanical effects,
(d)   damage to goods by excessive load or use in contravention of the conditions stated in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
(e)   damage to the Goods by irreversible and / or unforeseeable events,
(f)    damage to goods by accidental destruction and accidental deterioration,
(g)    failing to disclose obvious defects when taking delivery of the goods,
(h)   failure to provide proof of payment, delivery note or guarantee document, accessories or documentation for the goods,
(i)   expiry of the guarantee period of the goods.

9.18.  The Company is required to decide on the claim and complete the claim procedure in one of the following ways:
(a)    by returning the repaired Goods to the Buyer,
(b)    by exchanging the Goods,
(c)    by returning the purchase price to the Buyer,
(d)    by paying a reasonable discount from the purchase price to the Buyer,
(e)    by written call to take the contractual performance determined by the Company,or
(f)    by justified rejection of the claim on the Goods.

9.19.  The Company is obliged to issue a written document no later than 30 days from the day of submitting the claim via the postal or courier or delivery service provider, or via e-mail, on the method of deciding the claim and on the decision on the claim.

9.20.  The guarantee period is 24 months (unless a specific guarantee period is set for specific cases) and begins to run from the date of receipt of the goods by the Buyer. The guarantee period is extended for the period during which the buyer could not use the goods due to the guarantee repair of the goods.

9.21.   In the case of exchange of the goods subject to the claim for new goods, the buyer will receive a document stating the specification of the new goods. Any further claims are applied on the basis of the original delivery note and this claim document, and the warranty period for the new goods begins from the receipt of the new goods by the buyer.

9.22.   In the case of a defect in the goods, the claim will be decided, depending on the buyer's decision under paragraph 9.13 above, in one of the following ways:
(a)   The Company arranges removal of the defect, or
(b)   The Company exchanges the defective Goods.

9.23.   In the event of a defect in goods which can not be eliminated and impedes the proper use of the goods, in the case of multiple recurrence of a removable defect or in the case of a large number of different removable defects that prevent the proper use of the goods, the Company decides, subject to the Buyer's decision under paragraph 9.13 above, for one of the following approaches:
(a)   exchange of the Goods for other goods which are functional and of the same parameters, or
(b)   if the Goods can not be exchanged for other goods, the Company settles the claim by returning the Purchase Price to the Buyer.

9.24.  In the event of a non-removable defect in goods that does not prevent the proper use of the goods, the Company settles the claim by providing a discount on the purchase price.

9.25.  Decisions on claims only apply to the defects listed on the claim form.

9.26.  For the purpose of claims, multiple recurrence of a removable defect is considered to be the occurrence of a single removable defect more than twice. For the purpose of claims, the occurrence of more than three different removable defects at the same time is considered as a large number of different removable defects.

9.27.  The buyer's right to make a claim for a defect claim after he has exercised his right and has requested the Company to remove the defect on the Goods according to the above points is exhausted and irrespective of the outcome of the complaint, it may no longer be applied to the same unique defect (not the fault of the same kind) again.

9.28.  If the Company completes the claim proceedings by justified rejection of the claim, but the defect objectively exists in the buyer's opinion, the buyer may exercise his rights through the court.

 

 

 

ARTICLE 10

DIGITAL GOODS LICENSE

 

10.1.  In accordance with these conditions, after the acquisition of the digital content, the Firm undertakes to grant you nonexclusive, permanent, worldwide, and nontransferable license permitting the use of files for allowed ways of utilization. However, you are not granted the copyright or intellectual property rights. 

10.2.  The downloaded files are designated for noncommercial ends and personal use. 

10.3.  You are not allowed to use the files in the following cases: 
 

- Make them available through the shared disk for the purposes of exchange, transfer, or distribution
- Transfer, sell, sub-license, rent, donate, or otherwise transfer the file or rights associated with the file to the third person(s)
- Allow the third parties to access the file for further use
- Use the file for the SPAM correspondence
- Use the file in a manner that would pose a competitive threat to the shop Verve.Gallery
- Use the file for illegal or immoral purposes

 

 

ARTICLE 11

FINAL PROVISIONS

 

11.1.  The Seller reserves the right to change these Terms and Conditions. The obligation of notification in writing of changes to these Terms and Conditions is fulfilled by their publication on the Company's e-shop website or on the Company's web site.

11.2.  A change to the Contract may only be made by agreement between the two Parties and must be in writing.

11.3.  The Company as well as the entity entrusted by the Company to fill the Order and deliver the Consignment is authorized to process the Buyer's personal information to the extent provided in the Order for the purpose of filling the relevant Order and delivering the Consignment to the Buyer.

11.4.  In respect of the relevant Contact concluded on the basis of the Order in the form of Purchase outside the Premises of the Company, the version of the Terms and Conditions that was published at the time of Purchase outside the Premises of the Company is the valid current version. .

11.5.  The Company reserves the right to limit or stop the possibility of Purchase outside the Premises of the Company.

11.6.  Other matters not specifically governed by these Terms and Conditions are governed by the relevant provisions of generally binding legal regulations. Relationships not governed by these Conditions that have arisen between the Company and a Buyer which is a business company or sole trader are subject to the relevant provisions of the Commercial Code.

11.7.  These Terms and Conditions become effective in relation to the Buyer when the Buyer sends the Order. By sending an Order, the Buyer confirms that he has read and agrees in full to these Terms and Conditions.

 

 

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