ARTIST DANIEL NOVOTNY (hereinafter “ARTIST”) operates a platform for the sale of original fine art and fine art reproductions of his original artworks (hereinafter referred to as “GOODS”) at http://www.ateliernovotny.com (hereinafter “WEBSITE”), with ARTIST acting as seller and contracting party.
The business relationship between ARTIST and the ordering party (hereinafter “CUSTOMER”) shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with ARTIST. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
1.1 Business Name and Address
Registered business name: Daniel Novotny – Atelier Novotny
Registered business address: MDZ 1845/23, 942 01 Surany
Tax identification number (DIC): 1076047874. The ARTIST is a registered tax subject in Slovakia and as such has been assigned an tax identification number by the Tax office in Nitra. The ARTIST practices and sells his art on the basis of freelance occupation – as a freelance artist.
1.2 Contact Information
Mail address: Daniel Novotny, MDZ 1845/23, 942 01 Surany, Slovakia, Europe
E-mail addresses: For inquires regarding the store: firstname.lastname@example.org, for general business and personal inquires: email@example.com, for inquires regarding the website: firstname.lastname@example.org.
The GOODS will be produced only after placement of and according to the order of the CUSTOMER.
With the placement of the order the CUSTOMER expressly acknowledges that the quality of the GOODS depends on the material specified on the WEBSITE and that due to the production and printing methods, minor variations in color, format and in the quality of material used may occur compared to the samples displayed on the WEBSITE. With the placement of the order the CUSTOMER also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the GOODS are consistent with the terms of the contract and, especially, do not render the GOODS defective.
3. Conclusion of Contract
The presentation by ARTIST of GOODS on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the CUSTOMER to submit a purchase offer. ARTIST does not warrant that the GOODS presented by it are ready for delivery at any time.
Offers to buy shall be submitted online, using the order form made available by ARTIST. The CUSTOMER is obliged to provide the information requested in the order form truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the CUSTOMER.
Orders are accepted only from persons who are of age and only at the current prices and terms indicated on the WEBSITE from time to time.
The CUSTOMER will receive confirmation of ARTIST’S receipt of the order.
4. Prices and Payment
Unless otherwise stated, prices indicated for the GOODS are “ex works” plus packaging prices inclusive delivery costs for the ordered GOODS.
The ARTIST is located in Slovakia, therefore all store prices are indicated in Euro (€). The WEBSITE only accepts payments in Euro. Regardless of the fact, purchase is available for CUSTOMERS world wide. The CUSTOMER shall be debited the substitute of the original amount in their home currency. The substitute amount is calculated by CUSTOMER’S bank or Paypal’s bank currency conversion rate, depending on the chosen payment method.
The payment has to clear before the ARTIST ships the order (except for “Cash on Delivery”).
In case the CUSTOMER fails to finalize the payment for GOODS within 3 days from the day of the order, the order will be automatically cancelled.
4.1 Payment Methods
Payment of the purchase price shall be made using one of the following payment methods:
- Credit or Debit Card (via Paypal)
- Direct Bank/Wire Transfer
- Cash on Delivery
4.1.2 Credit or Debit Card (powered by Paypal)
The CUSTOMER is eligible to pay on the WEBSITE with a credit or debit card without the need to register for a Paypal account. It is necessary to select Paypal payment during the checkout process. Once redirected to Paypal the option “Pay with Debit or Credit Card” becomes available.
4.1.3 Direct Bank/Wire Transfer
The ARTIST accepts payment direct bank transfer. The CUSTOMER is obligated to use the Order ID as the payment reference. The CUSTOMER is obligated to bear all bank charges resulting from the transfer process so that the ARTIST receives the full order amount. The ARTIST’S account is located in a Slovak based bank. Payment information shall be e-mailed to the CUSTOMER after order completion.
4.1.4 Cash on Delivery
Only eligible for CUSTOMERS with Slovak shipping address, when using this method the CUSTOMER shall be required to pay with cash upon receiving the order.
The GOODS listed on the WEBSITE ship from Slovakia, Europe unless stated otherwise.
5.1 Processing Time
Orders are executed within 2 weeks after cleared payment.
Should ARTIST not be able to execute an order within 2 weeks because the ordered GOODS are not available, or should ARTIST not accept an order for any other reason, ARTIST will promptly give notice to the CUSTOMER and will refund any payments already made by that CUSTOMER.
The GOODS are shipped via Slovak Post. Provided is a tracking number for supported locations.
Should the shipping address registered on the WEBSITE by the CUSTOMER differ from that provided by Paypal, parcels shall ship to the address registered on the WEBSITE.
The ARTIST does not ship to P.O. boxes unless explicitly agreed on by him and the CUSTOMER.
5.2 Shipping Charges & Methods
Shipping charges are calculated in the cart and are based on CUSTOMER’S location. Offered are the following shipping methods:
- Free Shipping
- Flat Rate
- Local Pickup
5.2.1 Free Shipping
Free shipping is available only when explicitly decided by the ARTIST as part of a promotion. In such case the ARTIST bears the entire cost of packaging and postal services.
5.2.2. Flat Rate
The flat rate cost of shipping depends on the CUSTOMER’S location. Currently the WEBSITE uses 3 zones to differentiate the shipping rate:
- Slovakia: flat shipping rate for orders within Slovakia is 5 euro.
- EU: flat shipping rate for orders within European Union is 12 euro.
- Rest of the World: flat shipping rate for orders to any other country is 16 euro.
5.2.3 Local Pickup
When choosing “Local Pickup” shipping cost is 0 euro. In such case the CUSTOMER is required to arrange with the ARTIST the time and place for the pickup beforehand. Eligible for this option are exclusively CUSTOMERS with registered Slovak address and only after a mutual agreement between the CUSTOMER and the ARTIST.
5.3 Estimated Delivery Times
Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out. Following are estimated delivery times:
- Slovakia: 3-5 business days
- Europe: 5-14 business days
- United States and Canada: 3-6 weeks
5.4 Customs & Import Taxes
All GOODS on the WEBSITE ship from Slovakia, Europe, unless stated otherwise. When shipping outside the European Union, the CUSTOMER is responsible for any and all possible customs and import taxes that may apply.
6. Right of Rescission
The CUSTOMER may revoke the contract within 7 calendar days after receipt of the GOODS; this time limit is complied with if the CUSTOMER sends the letter of rescission within that period.
In case of rescission, the CUSTOMER shall return to ARTIST the GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The GOODS are returned at the CUSTOMER’S risk. The CUSTOMER shall pay a reasonable compensation in case it has used the GOODS. In case of any deterioration or loss of the GOODS prior to their return, the CUSTOMER shall reimburse that impairment or the value of the GOODS.
7. Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply.
ARTIST disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions.
In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the GOODS be defective upon their arrival at the CUSTOMER despite flawless packaging, the CUSTOMER shall promptly notify the ARTIST. Defective GOODS shall be returned to ARTIST in their original packaging.
ARTIST shall not be liable for either technical failures during the operation of the WEBSITE, or for any content on the WEBSITE or on hyperlinked websites, or for damage caused by having visited the WEBSITE or any of the hyperlinked websites.
The GOODS sold by ARTIST are protected by copyright worldwide and are made available to the ordering party for its personal use and for resale only. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the GOODS, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the WEBSITE and its contents.
9. Data Privacy
With the placement of the order the CUSTOMER expressly agrees that ARTIST will use the CUSTOMER’S name, address, phone number, and e-mail address as well as its previous orders to process the relevant order. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the GOODS (if outsourced), to the forwarding agent, the carrier or the postal service. The CUSTOMER may revoke its consent at any time by giving an e-mail notice to email@example.com.
10. Place of Performance, Jurisdiction, Applicable Law
Place of performance and place of jurisdiction shall be Surany, Slovakia. The contractual relationship shall be governed by and construed in accordance with international law.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.
11. Questions and Complaints
Questions and complaints should be addressed by post or email at:
942 01 Surany
Inquires regarding the store: firstname.lastname@example.org
General business and personal inquires: email@example.com
Inquires regarding the website: firstname.lastname@example.org