General Terms and Conditions

Basic provisions 

• Subject:These General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of works of art and art objects by Safe ATM s. r. o., ID No.: 11854383, headquartered at Platnéřská 88/9, Staré Město, 110 00 Prague 1, registered in the Commercial Register kept by the Municipal Court in Prague under file No. C 355394 (hereinafter referred to as "Company"), and their purchase of, and the mutual rights of the Company and the Customer arising therefrom. 

• The Company's activities: The company focuses its activities on the sale of works of art and art objects. Through its Website, the Company sells the Artworks specified below. 

• Consent to the GTC: The Customer is obliged to familiarize himself with these GTC, which are available on the Company's Website, before concluding the Artwork Purchase Agreement. By entering into the Contract, the Customer agrees to these GTC. The provisions of these GTC form an integral part of the Contract. 
• Sale of Works of Art at the Company's premises. Certain Artworks presented on the Website are for sale only at the Company's premises, subject to a personal meeting between a representative of the Company and the Customer, during which the Customer will personally inspect the Artwork for sale at the premises before entering into a purchase agreement. Works of Art for sale on the premises cannot be acquired by distance purchase through the Website and the provisions of the legislation on obligations under contracts concluded outside business premises do not apply to their sale.

Terms and definitions 

• AML law.Act No. 253/2008 Coll., on certain measures against the legalization of the proceeds of crime and the financing of terrorism, as amended. 
• Price. The price of each Artwork in Euros (EUR) as shown on the Website.

• Fiat currency. M: currency with forced circulation, legal currency (e.g. CZK, EUR or USD). 

• Cryptocurrency. A type of digital currency or token that relies on cryptography to chain digital signatures within a blockchain or other distributed-ledger technology, i.e. a decentralized database containing an ever-expanding number of records that are protected against unauthorized interference by third parties, either within or outside the network (e.g. Bitcoin, Ethereum). 

• Order: The Customer's offer to enter into the Contract made to the Company in the form of an Order Form. In the Order Form, the Customer specifies the Artwork to beé is interested in purchasing, and the method of payment of the Price, and provide his Personal Data necessary for the performance of the Contract. 

• Order form: The form accessible on the Website, through which the Customer can order the offeredá Artwork. 

• Personal data: Any information about an identified or identifiable natural person who is the Customer or an employee or member of the Customer, such as name, surname, identification number, location data, network identifier or one or more specific elements of physical, physiological, genetic, psychological, economic, cultural or social identity. 

• OZ.: Act No. 89/2012 Coll., the Civil Code, as amended. 

• Contract: Purchase contract concluded between the Company and the Customer on the basis of these GTC. 

• Artwork, Artworks. Works of art and art objects offered by the Company, which the Customer may order through the Website. The Company may modify the Artworks offered. 
• Artwork for sale on the premises, Artwork for sale on the premises. Works of Art presented on the Website, which may only be acquired under contract at the Company's premises or at a location designated by the Company, with the personal presence of the Customer, which cannot be acquired through the Website (this information will be provided on the Website for Works of Art for sale on the premises). Unless otherwise stated in these GTC, the provisions governing Works of Art shall also apply to Works of Art for sale on the premises.

• User interface. The portion of the Website that the Customer accesses aftersetting up a Customer Account in accordance with Article 3.1 of the GTC and where the Customer has a Customer Account. 

• Website: Website operated by the Company at the URL www.astrodagallery.comon which works of art are offered. 

• Customer Account. Account registered Customer in the User Interface of the Website. The creation of a Customer Account, as well as access to it and the rules of its use, are regulated further in the text of these GTC. 

• Customer. A natural or legal person who buys one or more Artworks from the Company and who agrees to comply with these GTC. 

Customer account 

• Founding. The Customer Account is created by registering the Customer on the Website using the Customer's email address. orCustomer's account on one of the offered social networks. 

• Login to Customer Account. After creating a Customer Account in accordance with the above, the Customer will gain access to their Customer Account. Further logging into the Customer Account takes place in the same way as when it was created, i.e. using the Customer's email address or Customer's account on one of the offered social networks. The Customer is obliged to maintain the confidentiality of the information necessary to access his Customer Account. The Customer is not entitled to allow third parties to use his Customer Account. 

• Customer account - In his Customer Account, the Customer has access to information about his Orders and is entitled to manage his Personal Data, in particular his name, surname, e-mail address, telephone number, addresses or credit cards. The Customer is obliged to provide his Personal Data correctly and truthfully and to update it if it is changed later. The Company is entitled to use the Personal Data provided by the Customer in the performance of the Contract and for related communications with the Customer. 

• Customer Account Cancellation - The Company is entitled to cancel the Customer Account in justified cases, in particular if the Customer has seriously breached his/her obligations under the Agreement or if the Customer has not logged into the Customer Account once in 1 year. 

• Availability - The Customer acknowledges that the User Interface, as well as the Website, may not be available around the clock. The Company shall not be liable for any interruptions caused by circumstances beyond its control or as a result of maintenance of the Website. 

• Orders without a Customer Account - If the Website allows it, the Customer can send Orders via the Website without creating a Customer Account. In this case, the Customer is obliged to provide all his Personal Data necessary for the performance of the Contract within the Order. 

Conclusion of the Contract 

• Artwork Orders. The Customer sends the Company a binding Order for the Artwork via the Order Form. Submission of the Order Form shall be deemed to be an offer by the Customer to enter into the Contract. Immediately upon receipt of the Order Form, the Company will confirm receipt to the Customer by sending an Order Form confirmation to the Customer's email address. 

• Verification of the availability of the Artwork. Upon confirmation of receipt of the Order, the Company shall verify the availability of the Artwork ordered by the Customer and shall, within 3 business days at the latest, send the Customer information on whether the Artwork is available for sale and, if available, the Company shall send the Customer details for payment of the Artwork Price. 

• Time of conclusion of the Contract. The Contract is concluded electronically on the basis of the Customer's Order at the moment of payment of the Artwork Price. The presentation of the Artworks on the Website is for informational purposes only and the Company is not obliged to enter into a Contract in respect of the Artworks presented. Section 1732(2) of the CC does not apply. 

• Cost of remote means of communication. The Customer agrees to the use of remote means of communication at the conclusion of the Contract. The Customer shall bear the costs of using remote communication means. These costs do not differ from the basic rates. 

• Preservation of the Contract. The Company stores the Agreement in text form electronically in the form of these GTC. The Customer is entitled to review the text of the Agreement at any time, the text of these GTC is available on the Website. 
• Conclusion of a Contract for the purchase of Artwork for sale on the premises. The provisions of Articles 4.1 to 4.5 of the GTC shall not apply to the sale of Artworks for sale on the premises, the sale shall take place on the basis of a Contract concluded between the Company and the Customer in writing at their personal meeting and inspection of the Artworks for sale on the premises.

Payment terms 

• Price. The price of each Artwork is final and includes all costs associated with delivery to the Customer.
• Payment method Prices. The Customer may pay the Price in the Cryptocurrencies listed on the Website or, with the prior express consent of the Company, in another Fiat Currency or Cryptocurrency.
• Payment Prices in Fiat currency. Payment of the Price in any of the Fiat currencies offered shall be made in a cashless manner by transfer to the Company's bank account specified in the Order confirmation (hereinafter referred to as "Bank account") or online through a payment gateway to which the Customer is automatically redirected. The Company shall not be liable for any damage caused to the Customer in connection with the use of the payment gateway. Payment shall be deemed to have been made at the moment of crediting the Price to the Bank Account or to the Company's account with the payment gateway operator. 
• Payment of the Price in Cryptocurrency. Payment of the Price in any of the Cryptocurrencies accepted by the Company is made through a payment gateway operated by Confirmo (https://confirmo.net/home), which will be available to the Customer via the link (link) provided in the Customer's payment details email, or via Coinbase Commerce's payment gateway (https://commerce.coinbase.com/). The Company shall not be liable for any damage caused to the Customer in connection with the use of the payment gateways.
• Deadline for payment. If the Customer fails to pay the Price of the Artwork within 24 hours of the communication of payment details to the Customer, the Company shall have the right to reject the Order. In this case the Order shall be cancelled and the Contract shall not be concluded. If the Contract has already been concluded and payment of the Price has not been made within the time limit, the Company shall be entitled to withdraw from the Contract.
• Invoice. Upon proper payment of the Price, the Company shall issue an invoice and a receipt for payment, which shall be (i) sent to the Customer's email address in the case of purchase of Artwork; or (ii) delivered to the Customer in person or, upon the Customer's request, sent to the Customer's email address in the case of purchase of Artwork for sale on the premises. Any invoice claim must be made electronically to the Company's email address with a reviewable justification. If the claim is not made in a timely or proper manner, the Customer shall be deemed to have approved the invoice.
• Exchange rate for conversion when paying Prices. The current exchange rate offered by Confirmo at the time of use of its payment gateway shall be used to convert the amount of the Prize into the Cryptocurrency selected by the Customer.
• Exchange rate for conversion on return of the Prize. If the Customer requests a refund of the Artwork Price for any reason, the Price will be refunded in the Cryptocurrency used to pay the Artwork Price, taking into account any increase or decrease in the value of the Cryptocurrency used to pay the Price, using the conversion rate available on the Coinbase platform (https://www.coinbase.com) at the time the funds are sent to the Customer. The Customer hereby acknowledges and agrees that in the event of an increase in the value of the Cryptocurrency used to pay the Prize between the time of payment of the Prize and the time of the Company's return of the Prize, the Customer will receive a lesser amount of Cryptocurrency than that used to pay the Prize. If, for objective reasons, it is not possible to return the Price to the Customer in Cryptocurrency, the Customer will be refunded the purchase price in the currency and amount shown on the invoice for the Artwork so purchased.

• VAT. The Company is a VAT payer within the meaning of Act No. 235/2004 Coll., on Value Added Tax, as amended, and the Price of individual Artworks is inclusive of VAT.. 

Delivery conditions 

• Delivery address. The Customer specifies in the Order Form the address where the purchase is to be madeé Work of Art delivered. 
• Method of delivery. The method of delivery is specified for each Artwork with regard to its nature and dimensions. The methods of delivery used include, but are not limited to, shipping service, personal delivery by the Company, or personal collection at a location designated by the Company.

• Delivery costs in the Czech Republic. The cost of delivery in the Czech Republic is included in the Price of the Artworks. If, for reasons on the Customer's side, the Artwork has to be delivered repeatedly, the Customer is obliged to pay the costs associated with the repeated delivery. 

• Delivery costs abroad. The cost of delivery abroad can vary considerably depending on the destination and the size and weight of the Artwork purchased. The specific terms of delivery abroad will therefore be agreed between the Customer and the Company after the Order has been sent on an individual basis via email communication. If no agreement can be reached on the terms of delivery abroad within 5 days of the date of sending the Order, the Customer and the Company shall have the right to cancel or reject the Order and the Contract shall not be concluded. If the Customer becomes liable for duty, the Customer shall be liable for duty. 

• Delivery date. The Company will send the Customer the purchasedé Work of Art usually no later than 2 weeks from the date of payment of the Price. The delivery time depends on the type of Artwork and the method of delivery. The Company will inform the Customer of the dispatch of the Artwork. 

• Deviation agreement. The provisions of this clause shall not preclude a deviating agreement between the Company and the Customer regarding the terms of delivery. 

• Transfer of title and risk of damage. Title and risk of damage to the Artwork shall pass to the Customer upon acceptance of the Artwork. 
• Delivery of the Artwork for sale on the premises. Works of Art for sale on the Premises will normally be ready for collection at the Company's premises or at a location designated by the Company immediately upon payment of the Price by the Customer. At the Customer's request, the Company will arrange for delivery of the Artwork for sale on the Premises to the address specified by the Customer.

The purchaser's rights in case of defects 

 

• Liability for defects. The rights and obligations of the contracting parties arising from defective performance shall be governed by the relevant provisions of the relevant legislation, in particular. 634/1992 Coll., on Consumer Protection, as amended. The Company shall be liable for defects in the Artwork at the time of acceptance by the Customer. If the defect manifests itself within 6 months from the time of acceptance, the Artwork shall be deemed to have been defective upon acceptance.
• However, the Company shall not be liable for defects caused by improper handling of the Artwork, improper use of the Artwork, or failure to follow any installation instructions for handling the Artwork. 
• Tour of the Artwork. The customer is obliged to purchaseé Inspect the Artwork without undue delay after delivery and notify the Company of any defects. The Customer shall notify the Company of any apparent defect in the Artwork within 7 days of receipt. If the defect is not obvious and appears only later after acceptance, it is a hidden defect. The Customer shall be obliged to notify the Company of the discovered hidden defect without undue delay. 

• Rights from defective performance. If the defect constitutes an insignificant breach of the Contract, the Customer is entitled to demand the removal of the defect or the provision of a reasonable discount. If the defect constitutes a material breach of the Contract, the Customer shall be entitled to demand the removal of the defect by repair or the provision of a reasonable discount, or to withdraw from the Contract pursuant to Article 8 of the GTC. 

• Returns Policy. The Customer is entitled to claim the defects found with the Company via e-mail sent to the Company's e-mail address. In this e-mail, the Customer shall indicate the designation of the Artwork, the date of its receipt, a description of the defects found and what right to claim the defective performance. 

• Decision on the complaint. The Company will decide on the claim in within 3working days from the notification of the defect, or, if necessary, within this period, request additional documents necessary for a decision on the complaint. If further documents are necessary to decide on the complaint, the Company shall decide on the complaint within 3 working days of receipt. The Company shall communicate the decision on the complaint to the Customer by e-mail. The Company is obliged to process the complaint itself within 30 days of any decision to accept the complaint, whereupon the Company will send the Customer a confirmation of the complaint. If the Customer does not provide the Company with the requested documents for the decision on the claim, the Company is not obliged to decide on the claim. 

• Communication. All communication between the parties regarding the claim shall be electronic via e-mail. 

• Claim costs. The Company shall bear the costs associated with the settlement of the complaint in the event of its acceptance. The Customer acknowledges that he/she is only entitled to be reimbursed for the costs necessarily incurred for the purpose of claiming the Artwork. 

Withdrawal from the Contract 

• Reasons for withdrawal. Both the Customer and the Company are entitled to withdraw from the Contract due to a material breach of the Contract by the other party, or for the reasons set out in these GTC. 

• Consumer withdrawal. The Customer, who is a consumer within the meaning of the relevant provisions of the CC, has the right to withdraw from the Contract within 14 days from the date of receipt of the Artwork in accordance with the provisions of Section 1829(1) of the CC. The Customer shall be entitled to use the withdrawal form attached as Appendix 1 to these GTC.The Customer's right to withdraw from the Contract under the above provision shall not apply to Artworks for sale on the premises, the sale of which took place during a personal meeting between a representative of the Company and the Customer, in which the Customer had the opportunity to view the Artwork for sale on the premises prior to the conclusion of the Contract and was thus given the opportunity to consider and decide whether he was interested in purchasing the Artwork prior to the conclusion of the written Contract.
  

• Effectiveness of withdrawal. The withdrawal shall be effective upon delivery of written notice to the other party. The notice may be delivered to the other party electronically by email or to the Company's registered office or residence address or headquarters Customer. 

• Benefits Provided. In the event of withdrawal, the Contract shall be cancelled from the outset and each party shall be entitled to a refund of the performance already provided. The parties undertake to return the performance provided within 14 days of the effective date of withdrawal. The performance provided in Cryptocurrency shall be returned in the same Cryptocurrency in accordance with Article 5.7 of the GTC.

Sending/Returning Artwork to the Society 

• Address for sending/returning Artwork to the Company. The Customer shall deliver the Artwork to the address from which it was sent to the Customer, unless the Company provides the Customer with a different address for this purpose. The Customer may at any time request the Company to advise the Customer of the address to which the Artwork may be sent/returned.
• Cost of returning the Artwork. 

• The cost of returning the Artwork to the Company shall be borne by the Company if the Artwork is sent to the Company in connection with: 

• withdrawal from the Contract by the Customer due to a breach of the Contract by the Company; 

• with a legitimate complaint of the Artwork by the Customer. 

• The cost of returning the Artwork to the Company shall be borne by the Customer if the Artwork is sent to the Company in connection with: 
• by withdrawal from the Contract for cause on the part of the Customer (including the exercise of the consumer's right of withdrawal under clause 8.2 of the Contract) or for breach of the Contract by the Customer;

• with an unjustified claimí Artwork by the Customer. 
• Damage to the Artwork. The Customer acknowledges that damage to the Artwork may result in the complete loss of its value. If the customer breaks or damages something, the artwork has almost no value!
• In this regard, the Company recommends that the Customer, before sending the Artwork back to the Company, properly pack the Artwork, secure it against damage and use a reliable carrier who is able to ensure the safe transportation of the Artwork so that it is not damaged during transportation.

AML measures 

• AML law. The Company may act as an obliged person within the meaning of the AML Act in the sale of Artworks, inter alia, in the case of a trade in Artworks whose value exceeds EUR 10,000 pursuant to Section 2(1)(i)(1) of the AML Act. 

• Customer identification and control. The Company is obliged in cases provided for by the AML Law to request from the Customer the Customer's Personal Data and other data and information that it is obliged to ascertain under the AML Law. The Customer is obliged to provide such data and information upon request of the Company. If the Customer fails to provide the Company with the necessary cooperation to fulfil its obligations under the AML Act, the Company is entitled to reject the Order or withdraw from the Contract concluded with the Customer. 

• Obtaining data and information from the Customer. The Company is entitled to request Personal Data and other information from the Customer for the purpose of identification and control under the AML Law, and to provide identity documents, in particular through the form available on the Website and/or through a personal inspection carried out by a person authorised by the Company to fulfil its obligations under the AML Law. 

• Retention of documents and documentation. The Company is entitled to make and keep copies of the Customer's documents and the data and information provided by the Customer in connection with the performance of the obligations set out in the AML Law. The Company undertakes to strictly secure and protect all Personal Data and information obtained from the Customer in connection with the performance of its obligations under the AML Law. 

Protection of Personal Data 

• Confidentiality of Personal Data. All Personal Data provided by the Customer to the Company is confidential. The Company shall maintain confidentiality with respect to such data, except in cases where the obligation to disclose the information to a third party arises from a binding legal regulation or a decision of a public authority. 

• Processing rules. The Company undertakes to handle the Customer's Personal Data in accordance with the law, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (GDPR), and with other data protection regulations. The Company only ever processes Personal Data for specific purposes based on specific legal grounds. 

• Cookies. The Company places cookies on the devices of Customers and other visitors to the Website for various purposes. 

Final provisions 

• Applicable law. The applicable law for performance under the GTC and the Contract, as well as for the interpretation of the GTC, is the law of the Czech Republic, even if there is an international element in the relationship with the Customer. 

• Language. These GTC are drawn up in the Czech language. Translations of these GTC may also be available on the Website in other languages; in the event of any differences between the language versions, the Czech version shall prevail. The Agreement may be concluded in Czech or English. 

• Communication. The language of communication between the Company and the Customer shall be Czech or English at the Company's discretion, unless the parties agree otherwise. 
• For the purposes of these GTC, electronic communication via e-mail is also considered written communication. The Company shall be entitled to send all email communications to the Customer's email address specified in the Order Form or to the Customer's Customer Account. E-mail messages need not be accompanied by a guaranteed electronic signature. 

• Dispute Resolution. In the event of a dispute arising between the parties in connection with the Contract, the parties shall seek an amicable settlement. If an amicable settlement cannot be reached, disputes shall be resolved before the courts of the Czech Republic, with the court of competent jurisdiction being the court of the place of the Company's registered office. 

• Czech Trade Inspection Authority - If the Company and the Customer, who is a consumer within the meaning of the CC, fail to reach an amicable solution in the event of a dispute, the Customer may apply to the Czech Trade Inspection Authority with a proposal to initiate an out-of-court dispute resolution. The Customer can find the details of the proposal, a description of the course of the negotiations and other information concerning the out-of-court settlement of the dispute on the website www.coi.cz. The Czech Trade Inspection Authority may also be contacted by the Customer, who is a consumer within the meaning of the CC, with any complaint as a supervisory authority under Act No. 634/1992 Coll., on Consumer Protection, as amended. The customer is also entitled to use the online dispute resolution platform ODR available on the website http://ec.europa.eu/odr. 

• Change of GTC - The Company reserves the right to amend or modify these GTC at any time. The new version of the GTC shall be effective from the moment of its publication on the Website and shall be binding for the Customer for any further Order placed after the publication of the new version of the GTC. The rights and obligations arising during the effective period of the previous version of the GTC are not affected. 

• Contact details - The company can be contacted electronically via email support@astrodagallery.com, via the contact form available on the Website or by correspondence at Platnéřská 88/9, Staré Město, 110 00 Prague 1. 

  

These GTC are effective from 26.9. 2022.