General Terms and Conditions

Article 1. Introduction
Art Gallery 5’14 d.o.o. (Art Gallery 5’14, we, our, us) is an online art gallery registered on 24 August 2018 with the company number 8260630000, tax number 95431594; contact email address: info(at)artgallery514.com; the office is located at Parmova ulica 53, 1000 Ljubljana, Slovenia. 

It provides a service for viewing, selling and buying Original works of art and Open and Limited Edition Prints, (Service, Services) through the Website www.artgallery514.com (Website). It is available as a mobile application as well. 

Article 2. Validity, adoption and application of the General Terms and Conditions 
This Agreement describes the General Terms and Conditions applicable to the representation of the Sellers and Buyers on the www.artgallery514.com Website. 

These General Terms and Conditions apply to all users of the Website, irrespective of whether such user is a Member, or just browsing. If you do not agree to these Terms, you are not permitted to access or use our Services. 

Please read these General Terms and Conditions and Privacy and Cookie Policy carefully, and feel free to contact us if you have any questions. 

Art Gallery 5’14 reserves the right to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on our Website or provide you with notice of the modification. By continuing to access or use the Website after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services. We encourage you to check back regularly to review these Terms. 

Article 3. Account and Access 
The Website and Services are available for persons who are 18 (eighteen) or older. Any access to or use of the Art Gallery 5’14 by anyone under 18 is expressly prohibited. By accepting these Terms, you represent and warrant that you are 18 or older. 

You will need to register for an Art Gallery 5’14 Account in order to use our Service. You must complete our registration process. During that process, you will be required to provide certain information including but not limited to your name, tax status, country of residence. You may be required to verify your identity with a copy of a government-issued ID like Passport or Driver License or similar documentation. 

You agree to provide accurate, current and complete information during the registration process. Art Gallery 5’14 reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 

You also will establish a username and a password. You are responsible for safeguarding your password. You are responsible for maintaining the confidentiality of your Account password and agree not to disclose your password to any third party. You will immediately notify Art Gallery 5’14 of any unauthorized access to or use of your Account or password or other breach of security on our Website.  

The permission we give you to register for an Art Gallery 5’14 Account and use our Service under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Account, or any access to or use of our Services, to any third party.

You also shall be responsible for compiling and retaining permanent records of all Sales and Purchases and other data associated with the Account and your use of the platform and reconciling all payments in relation to the Sales and Purchases. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or Purchases.

Article 4. Terms and Conditions for Artist 
The Artist grants the Art Gallery 5’14 the right to display the Artist’s approved artwork, biography and photograph on www.artgallery514.com and to offer the Artist’s artwork for sale in accordance with the Terms of this Agreement. 

You warrant that: you are the creator of all such original works of art and you are the sole and exclusive owner of all such artworks; you have full and complete ownership of any artwork you make available for sale through www.artgallery514.com; you own the copyright to any artwork you offer to us for reproduction or make available for sale. 

Fees and Commission on Sales 
The registration on the www.artgallery514.com is completely free. We provide the online platform artgallery514.com through which exhibiting Artists can make their artwork available for sale. 

All prices of artworks shown on the Website are in Euros (€). Prices of art are established at the sole discretion of the Artist.

Art Gallery 5’14 does not control over the price of the Artist’s artwork. On the other hand, we can offer to negotiate prices with potential clients if the Artist agrees to it.

Commission Fees 
Art Gallery 5’14 charges a commission of 30% on the Original artwork and a commission of 40% on every printed artwork you sell on our Website. Profit of printed art is calculated from the final sale price minus the costs of production. 

Sales of the Artwork 
After the artwork will be sold the Artist will receive an email confirming the purchase and containing the Purchaser’s delivery address. The shipping will be directly from the Artist’s workshop for the Buyer. The Artist have the following obligations in completing the transaction: 

You must ensure the artwork is easily available for collection and shipping within three (3) business days of receipt of the notification of the sale and agree the date and time of collection. You must provide accurate shipping weight, shipping dimensions to Art Gallery 5’14 and also alternative contact and collection details prior to taking leave of absence. 

If you do not ship the purchased art to the Purchaser prior to the expiration of the shipping period, then the sale may be cancelled. 

The Artist is responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. Failure to pack artwork securely and satisfactorily may result in art being damaged in transit. Art Gallery 5’14 insures all shipments for the amount of the artists’ commission for the sold work. 

If damage is to occur as a result of unsecure and unsatisfactory packaging, Art Gallery 5’14 will not compensate the Artist for artwork that arrives at its destination damaged. The Purchaser will be fully refunded, and the artwork will be returned to the Artist. 

The Artist will be responsible for the cost of shipping to Buyer and of return shipping. 

The Artist must print and sign a Certificate of Authenticity which Art Gallery 5’14 will email to the Artist and include it with their packaged artwork.

No artist contact details are to be on, or included in, the artwork package. 

Should an artwork which is listed for sale on www.artgallery514.com become unavailable for whatever reason, it is the responsibility of the Artist to immediately delete the artwork listing from the Website. In the event that an artwork is sold through artgallery514.com that is no longer available, the Artist is responsible for the Credit card company cancellation fee or applicable bank charges and will refund Art Gallery 5’14. 

Art Gallery 5’14 operates a fourteen (14) day money back customer refund policy, provided the work is returned to the Artist in its original condition. Artwork that is returned within Art Gallery 5’14 policies will be send from the Buyer to the Artist. The artwork will no longer be considered sold and no money will be paid to the Artist. 

Payment to Artist 
Payment to the Artist following the sale of an artwork will be made within fifteen (15) days of delivery to the Purchaser. This allows for the expiry of any period during which the Purchaser can return the artwork and apply for a refund. The Artist will be paid the price of the artwork less the Sales Commission and VAT if it is applicable.

In order to request a payment, the artist must decide how they want to be paid. This method can be either bank wire transfer or PayPal. To select PayPal, you must have an existing PayPal account. We highly suggest using PayPal to process your payout request. It is the fastest way to send funds to our Artists. Please note that Art Gallery 5'14 will not cover fees in PayPal. 

If you chose Bank Wire Transfer, we advise you to contact your bank regarding incoming bank transfer and bank fees so that you are aware of any additional expenses you may incur. 

Article 5. Terms and Conditions for Purchaser 
As a Buyer of art, you may purchase artworks that are listed on our Website. When you purchase such an artwork through the Website and Services, you are purchasing the work from Art Gallery 5'14 and its Artists. Prices for an artwork will be as specified on the applicable listing. 

The Buyer acknowledges that prices include shipping and but not include handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on the receipt. In addition to shipping charges, the Buyer will also be responsible for paying international customs fees, determined by the country the artwork is being shipped to. Please check with your country's customs office to determine what these additional costs will be prior to making a purchase.

Art Gallery 5’14 will collect your billing and shipping information and process your payment. The Artist identified on the listing of the original artwork will ship the purchased work directly to the Buyer. The Terms and Conditions of Art Gallery’s then-current Return Policy apply to only original arts that the Buyer purchase through the Services. 

If you purchase original artwork or limited edition print it will be shipped directly from artists’ studio. If you purchase open edition prints that are listed by our Artists on the Website Art Gallery 5’14 we will produce and ship the purchased work to the Buyer.

Our money-back guarantee is NOT applicable to the following sale items: 
   - Commissioned artwork; 
   - Open Edition Prints and Limited Edition Prints and Photographs as they are printed on demand and the printing costs cannot be recovered. 

The Buyer is liable for the cost of the return shipping. 

Order Cancellations 
Art Gallery 5’14 reserves the right to cancel any order for an artwork via the Services if we determine, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Art Gallery 5’14 cancels an order placed via the Services, we will send you an email confirmation of such cancellation and you will not be charged for your order. 

Payment 
Art Gallery 5’14 accepts payment by Debit card or Credit card Visa, MasterCard, bank wire as well as PayPal account balances. Even though all prices are in Euros, you can pay in every currency PayPal accepts. 

Credit/Debit card payments and bank transfers may be subject to additional charges, which must be borne by the Buyer in addition to the cost of the artwork. 

You represent and warrant that you have the legal right to use any Debit and Credit cards or other payment means used by you or through your Account for any such purchase. 

Art Gallery 5’14 does not collect any numbers and other data relating to Credit cards that are submitted by the Buyer through the Website. This data is only collected by the Credit card payment service providers. 

By placing an order, the Buyer consent to payment being charged to your Debit/Credit card Account via PayPal as provided. The Buyer acknowledges that the order implies an obligation to pay. Afterwards we will send you a confirmation email of your order to your email address. The Buyer shall immediately inform us and their payment service provider in case of any suspected or actual misuse of their Credit card that is related to a payment made through the Website. 

Art Gallery 5’14 cannot be held liable for any damages incurred by the user due to the misuse of their Credit or Debit card. 

Article 6. Shipping 
Art Gallery 5’14 ships art to any destination in the world. All artwork is shipped directly from artists’ studios in custom-built boxes and is shipped insured. Art will be sent via FedEx, Ups, DHL as well as other common carriers. 

Buyer pays for shipping. The shipping cost will be included in the price of artwork. Art Gallery 5'14 has a standard shipping cost of 70 to 120 EUR depending on weather the artwork is sold rolled in tube or in box. The price of art that the buyer sees on the Website is what he has to pay.

If an artwork arrives damaged due to poor packaging, we will deem the shipment non-insurable and we will hold the Artist responsible for the damages.  

If you purchased an item and it was damaged during shipping, please contact us within 24 hours at support(at)artgallery514.com, we will assist you in the process of resolving your issue. Our 100% Buyer Guarantee ensures that you will receive a complete refund for any purchase you are not completely satisfied with. 

Please be sure to keep all shipping and packing materials that came with the shipment, as these may be needed by the shipper for their investigation. Send us detailed photographs of the damage, along with your name and order number. We must have these items in order to process the claim and provide a return shipment label. 

We will contact you within 24 business hours from the receipt of your email and review the matter with you directly. 

Article 7. Refunds and Returns 
If for any reason you are not satisfied with your purchase of an art piece from Art Gallery 5’14, you may return it within fourteen (14) days of receipt and receive a full refund for the price of the product. Shipping charges will not be refunded, and you will be responsible for the cost of return shipping and any customs and brokerage fees charged upon return. 

If you decide to return the artwork, please email at returns(at)artgallery514.com with your name and order number. We will get back to you and send you a prepaid return shipping label. Items must be sent with a carrier chosen by us between DHL, FedEx or Ups within three (3) days of receiving the order. The cost of the shipping label will be deducted for your refund amount. 

The artwork must be repackaged as it was when delivered to them and must be returned in perfect condition, with Certificate of Authenticity. Art that is returned damaged will not be refunded. 

We do NOT accept return of Open and Limited Edition Prints and Photographs as they are orders for Buyer, made to measure, printed on demand and the printing costs cannot be recovered. 

Please note that once the fourteen (14) days review period, or if returning the item, the three (3) day return shipping period has elapsed, the sale is considered final and there will be no exceptions. 

Article 8. Taxes       
All prices are stated in Euros and DO NOT include any value added (VAT), goods and services (GST) or similar taxes. 

Article 9. Color 
You understand and agree that Art Gallery 5’14 uses commercially reasonable efforts to display the colors of artworks accurately via the Services. However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any art displayed on the Website and disclaims all liability in this regard.

Article 10. Feedback 
We welcome and encourage you to provide Feedback, Comments and Suggestions for improvements to the Services. You may submit Feedback by emailing us at support(at)artgallery514.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Art Gallery 5’14.

Article 11. Copyrights and other intellectual property rights 
The Artist guarantees that the artwork submitted to the Art Gallery 5’14 is original work and does not infringe the copyright or other intellectual property rights of any third parties. We might like to use images of artworks made available for sale for advertising and promotional purposes without the need to request your permission at the time. 

When you agree to make artwork available for sale you grant us a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity, trade-marks, database rights and intellectual property rights you have in the artwork, to be copied, published, translated and distributed in any medium and in any form for advertising and promotional purposes for the duration of this Agreement. We reserve the right to resize or crop an image and to use a detail from an image only. We confirm that you will retain the copyright in any artwork we sell on your behalf and your copyright cannot be sold by us without your prior written consent and for an additional fee to be agreed. 

The content published on the Website may not be used in any manner and for any purpose other than for viewing by the user without the express written permission of the provider. Any misuse may constitute an offence for which the user may be subject to material liability. 

Article 12. Termination of the agreement 
You may stop using our Services and cancel your Account at any time by sending an email to support(at)artgallery514.com. 

If you breach any of these Terms, we reserve the right to terminate these Terms, to terminate your Account or to or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without prior notice to you. 

We also may terminate this Agreement if an Artist rarely submits new works after 6 months of being on the site, their work may be removed to allow another artist space at our discretion. The time period and conditions under which each Artist’s web space is allocated is subject to change. The Art Gallery 5’14 undertakes to destroy all digital images and associated information on termination of this Agreement with the Artist. 

Article 13. Liability 
Art Gallery 5’14 will not be liable for any loss of revenue or damages arising in connection with this agreement. We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damage arising out of or in connection with this Agreement. The Art Gallery 5’14 has no liability of any sort (including liability for negligence) for acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. We make no representation that the operation of www.artgallery514.com will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or downtime. 

Article 14. General Prohibitions 
Art Gallery 5’14 requires all users to agree not to use the Website for any of the following: 
- Create a false or misleading Account with information which is incomplete, false, inaccurate;   
- Post any information which is indecent, hateful, discriminatory or inflammatory; which will infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime.   

Also posting any information which is misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing; harms minors in any way; or promotes illegal or harmful activities, products or substances; or breaches any applicable local, national or international law or regulation; 

- Use our Website for any purposes related to marketing, commercial exploitation of any image or other content without express prior written consent from us, including any commercialised reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited; 

- Use our Website to copy, publish or send mass mailings or spam; 

- Collect information about Members (including email addresses) or send marketing email or other promotional communications to Members without their consent; 

- To interfere in any way with the Website’s or attempting to use the Website’s service to gain unauthorised access to any other computer system; 

- Access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers; 

- Interfere with the normal operation of our Services or the access of any Members, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems; 

- Use any robot or any automatic or manual process to monitor or extract data from our Services without our express prior written permission; 

- Use any meta-tags or other hidden text or metadata containing any Art Gallery 5'14 trademark, service mark, product name, or URL without our express prior written permission; 

- Breach, disable or circumvent any security or authentication measures on or in connection with our Services; 

- Use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Art Gallery 5’14 trademark, service mark, product name, or logo, or to the look and feel of any of our Services; 

- Remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content. Art Gallery 5’14 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 

Article 15. Links 
Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services. 

Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services. 

You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services. 

You are solely responsible for reviewing any Terms of use and/or Privacy Policies of any other websites or services to which we may link, and we assume no liability for the information contained therein. 

Article 16. Gift Vouchers 
The Gift Voucher is valid until six (6) months from the date of issuance, and can be redeemed at any artwork or Service on www.artgallery514.com. This voucher is non-refundable and cannot be exchanged for cash in part or full. The maximum value that may be loaded is €5000. 

The Art Gallery 5’14 will send your Gift Voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We cannot be responsible for any delays, no matter how they are caused. 

In addition, we cannot take responsibility for any Gift Vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their Gift Voucher, as it is their responsibility to keep the voucher details safe. We cannot be held responsible if a Gift Voucher is used by someone other than your recipient if the email address entered is incorrect. 

We are not responsible if a Gift Voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances. 

Article 17. Changes 
Changes to our services 
We reserve the right to change, modify, add, remove or discontinue any and all of our Services in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion. We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services. 

Changes to these Terms and Conditions 
We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion. All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms. 

By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms. You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes. 

If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services. 

Article 18. Dispute Resolution, Governing Law and Jurisdiction 
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. 

These General Terms and Conditions may be presented to you in more than one language. However, the English language version of these General Terms and Conditions shall prevail. Contract between us will be conducted in English. 

If a dispute arises between you and Art Gallery 5’14, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly. 

These Terms and Conditions are to be construed in accordance with the laws of Slovenia and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Slovenian courts. Any action concerning any dispute with respect to the Services must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.

Article 19. Contacting Art Gallery 5’14 
If you have any questions about these Terms, please contact Art Gallery 5’14 
phone number: +386 30 772 401   
email: info(at)artgallery514.com 
Please replace (at) with @ – we do this to avoid spam.

Article 20
These General Terms and Conditions are applicable from 1 January 2019.