Legal Terms and Conditions
collective s.r.o., with its registered seat at Hrebendova 7, 811 02
Bratislava, Slovak Republic, ID No. (IČO): 50 734 474, registered with the Commercial Registry maintained by District Court Bratislava I, section: Sro, file No.: 117692/B (the “collective” or “we”) provides a service for art consultancy services and purchasing of original works of art and commercially exploiting digital images of works of art (the “Service” and collectively as the “Services”) through its website, accessible at www.collect-ive.com (the “Site”).
You are obliged to read the following terms and conditions (the “Terms”) available at www.collect-ive.com, as well as our Data Protection Policy, available at www.collect-ive.com, which is incorporated by reference to these Terms. These Terms constitute a binding legal agreement between you and collective and govern your access to and use of the Site and/or Services.
By accessing or using the Site and/or Services or by purchasing any product on or through the Site or Services, you agree to be bound by these Terms, regardless of whether you registered with the Site or not. You do not have a right to access and use the Site and/or Services, unless you agree with all the terms contained herein.
Using of the Site and/or Services is prohibited by individuals younger than 18 years old. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Making a purchase through the Site, requires setting up an account (the “Account”) by completing the registration procedure and thus become a member (the “Member”). You are obliged to provide accurate, current and complete information during the registration procedure and to update such information in order to keep it accurate, current and complete.
If any information provided during the registration procedure or thereafter proves to be inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account. You remain solely responsible for using of your Account or taking any actions under your Account, whether or not you have authorized such use or actions. Any unauthorized use of your Account must be immediately notified to us.
Purchases of Products
You may purchase original works of art (the “Products”) only as a Member. Unless stated otherwise in these Terms (e.g. in case of the Private Sale Oriented Products as stated below) each purchase of the Product through the Site or by using the Services creates a legal relationship between collective and you.
You acknowledge and agree that, if not stated in a particular case otherwise, prices specified in applicable listings on the Site do not include shipping and handling charges or applicable Taxes (as defined below), which will be stated separately on your invoice/receipt. You are solely responsible for making these payments.
You acknowledge and agree that after each purchase of the Product via the Site and/or Services, we and/or our third party service providers will collect your billing and shipping information, process your payment and procure a shipping of the Product to you.
Private Sale Oriented Products
You acknowledge and agree that purchase of certain Products presented on the Site (the “Private Sale Oriented Products”) via the Site may require you to follow a special procedure aiming at negotiation of a final purchase price with the author (owner) of the Product. Consequently, in case you are interested in purchasing any of the Private Sale Oriented Products, you shall commence such procedure by clicking on the “I am interested” button, which appears next to the online offer of such Product. Consequently, we will contact you in order to procure the purchase of the Private Sale Oriented Product at a price negotiated (agreed) with the author (owner) of the Private Sale Oriented Product. You acknowledge and agree that by procuring of a purchase of the Private Sale Oriented Product based on your request, no Return Policy (as specified below) will be applicable to such product.
By making any purchase of the Product you agree to be bound by the following terms and conditions of our Return Policy applicable to any Product purchased through the Site and Services (except for the Private Sale Oriented Products).
You acknowledge and agree that no return policy shall (regardless of whether the purchaser is a consumer or not) apply also to those Products which were created pursuant to special requirements of the purchaser or which were custom made or which were designated solely for certain purchaser or which fulfil the other conditions stated under § 7(6) of the Slovak act No. 102/2004 Coll.
(A) Purchaser as Consumer:
In case the purchaser is considered under applicable laws as a consumer, he/she may exercise a right to withdraw from the purchase agreement regarding the purchased Product within 14 days from the date on which he/she received the ordered Product by filing and sending us within this period a return form available at www.collect-ive.com.
Once the above purchaser duly exercised the withdrawal, he/she must ship the Product back to us (to our address stated in these Terms) via post or currier within 14 days from the date on which the purchaser exercised his/her right of withdrawal.
The purchaser is solely responsible for arranging at his/her own expense the return delivery, as well as for the risk of damage during the transport of the Product and is obliged to properly package the Product (in the same way as when delivered). For the avoidance of doubts, the purchaser is not entitled to claim compensation of package costs connected to his/her return of the Product. The purchaser is recommended to retain the proof of shipment and possible tracking number until the purchase price has been refunded.
The purchaser shall return the Product with complete purchase-related documentation, not defective, demolished, destroyed, broke, modified or damaged in any way and in its original packaging (and pack the Product in the same way as when delivered). In case the returned Product will be incomplete or damaged, we are entitled to claim the amount corresponding to respective decrease in value of the Product pursuant to applicable Slovak laws and to set off such amount with the amount to be returned to the purchaser under these Terms (our other rights shall thereby not be affected).
After we or our service provider has received the returned Product and checked that it meets all requirements stated in these Terms, we will notify the purchaser that the returned Product has been accepted and process the return to him/her of the purchase price of the Product (in the same form in which the Product was purchased) within 14 days from the withdrawal (provided that the Product has been returned to us or the purchaser proved its delivery to us).
If your return of the Product does not meet the conditions stated in these Terms, the Product will be sent back to you (on your risk and costs).
(B) Purchaser as Non-Consumer
In case the purchaser is not considered under applicable laws as a consumer, he/she is not entitled to exercise its right of withdrawal from the purchase agreement regarding the purchased Product.
Liability for Defects of the Products and Warranty Claims
(A) Purchaser as Consumer
The below terms shall apply with regard to liability of collective for defects of the Products and warranty claims in case the purchaser is considered under applicable laws as a consumer and these terms shall be at the same time regarded as the claim order (in Slovak “reklamačný poriadok”) for the purposes of Slovak act No. 250/2007 Coll. on protection of a consumer, as amended.
Unless stated otherwise in this Terms, we are responsible for the defects of the Product that occur at the time of its handover to you or during the warranty period, which is in case of the new Products 24 months and in case of the used Products 12 months from their takeover by you.
You are obliged to thoroughly inspect and check the Product at the time of its takeover. In case you find any defects, you are obliged to draw up with the carrier a written report on found damages of the Products and without any delay (not later than 24 hours) submit a written claim to collective with specification of damages (the “Claim”). Please note that we are not liable for any later Claims regarding the apparent damages of the Products or incompleteness of the sold Products.
Each Claim must be made in written and sent to the registered seat of collective (stated in this Terms) and in copy via email to email@example.com.
When lodging the Claim, you dispose of statutory rights pursuant to § 622 and 623 of act No. 40/1964 Coll., the Civil Code (the “Civil Code”).
The Claim must contain a depiction of a found damage, respective right you exercise and your address or e-mail address, where you will be notified of the settlement of the Claim. The Claim may be accepted only in case you attach to the Claim a respective proof of purchase of the Product. Should the Claim be incomplete, you will be asked to complete the Claim within the specified period (otherwise the Claim will be considered as unfounded). A day of receipt of the Claim with all required essentials/attachments shall be considered as the day of commencement of the warranty procedure.
You are obliged to properly package the claimed Product (in the same way as when delivered to you by us) and you are solely responsible for arranging the return delivery, as well as for the risk of damage during the transport of the Product.
If you make the Claim within the first 12 months of the purchase of the Product, collective may settle the Claim by its rejection only on the basis of the expert’s appraisal.
Your Claim will be processed within the statutory period under applicable laws. However, given the nature and complexity of the Products you acknowledge and agree that each processing of the Claim represents a justified case requiring a complex technical valuation of the Product’s conditions, and, therefore, your Claim will be processed within 30 days period following the due exercise of the Claim.
You acknowledge and agree that our warranty for the Products does not relate to the usual tear and wear of the Product or defects caused beyond the control of collective or to damages caused by mechanical breakage/damage to the Product or by use of the Product in improper conditions (climate, etc.) and/or by improper manner or to damages caused by unavoidable and/or unforeseen events or by improper handling with the Product or when the warranty period is over.
A written notice on the settlement of the Claim will be provided to you within 30 days following the due exercise of the Claim.
After the settlement of the Claim you are obliged to take over the Product from collective within 15 days after such settlement (in case the Claim was settled by way of its repair, by making a discount, by changing of the Product or by refusing of the Claim). Should you not take over the Product even within 30 days following a written request sent to you, collective will be entitled to claim from you storage charges in the amount of EUR 50 for each day of delay with the takeover of the Product.
The purchaser (as consumer), who is not satisfied with the settlement of the Claim by collective, is entitled to contact collective (to the email address: firstname.lastname@example.org) with a request in accordance with the Slovak act No. 391/2015 Coll. on alternative dispute resolution, as amended (the “Dispute Resolution Act”). In case collective will not respond to the purchaser within 30 days following the remedy request or it will refuse to remedy the request, the purchaser is entitled to lodge a claim for alternative dispute resolution with any of the relevant bodies as specified under the Dispute Resolution Act (the list of such bodies is available on the website of the Ministry of Economy of the Slovak Republic). The essentials of such claim are further defined in the Dispute Resolution Act.
In accordance with applicable laws we inform you that a special platform for alternative dispute resolution is also available at http://ec.europa.eu/consumers/odr/index_en.htm. Via this platform you are entitled to lodge a claim for alternative dispute resolution in accordance with the Dispute Resolution Act.
You acknowledge and agree that alternative dispute resolution is available only for the disputes, which value exceeds EUR 20.
(B) Purchaser as Non-Consumer
Please note that in case the purchaser is not considered as a consumer under applicable laws, the lability of collective for defects of the Products shall be governed by § 422 et seq. of act No. 513/1991 Coll. the Commercial Code, as amended and collective provides no warranty period with regard to the purchased Products for these purchasers.
We reserve the right to cancel any order for the Product placed via the Site and Services in our sole discretion, especially, when a particular Product is out of stock, discontinued, or otherwise unavailable in stock or at the price stated via the Site and/or Services. Following each cancelation of an order placed via the Site and/or Services, an e-mail notification of such cancellation will be sent to you automatically and you will not be charged for your order. In case of any cancellation of the Product by collective you hereby explicitly waive the right to claim any compensations or other recovery due to such cancellation (except for the right to receive the amounts already invoiced and paid to collective for the ordered Product).
All prices, charges, fees and other amounts (the “Amounts”) referred to in these Terms, including any Amounts set forth on the Site, are specified in euros and do not include any sales, use, value added taxes, goods and services taxes or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to any transactions contemplated hereunder (collectively as the “Taxes”).
You acknowledge that the Amounts charged to you will be increased by Taxes (as a separate charge), when required or when allowed to do so.
Colour, Displaying of the Products and other Properties of the Products
We use commercially reasonable efforts to display the colours of the Products accurately via the Site and/or Services. However, you acknowledge and agree that because of the fact that individual computer monitors may display colours differently, we are not responsible for the colour accurateness of any Products displayed on the Site and Services. By placing an order of any Product you explicitly waive the right to proceed with any claim regarding the colour accurateness of the Product.
You acknowledge and agree that displaying of the Product on the Site may require their transmitting into electronic format and, therefore, its electronic depiction may not accurately match its properties, such as a factual size. We are not responsible for the properties (size) accurateness of any Products displayed on the Site.
You acknowledge and agree that we are not responsible and make no warranty in relation to quality of the Products.
We explicitly disclaim any warranties of merchantability or fitness for a particular purpose of any Product or that the Product will meet your requirements.
We may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively as the “Available Content”), some of which is owned by us (the “Collective-Owned Content”), and some of which is made available under license by a third party (the “Licensed Content”). You are authorized to download, view and print Collective-Owned Content solely for your personal use in visiting the Site and, provided you are a Member, in relation to exercising the rights granted to the Members under these Terms.
You acknowledge and agree that the scope of your rights in relation to the Licensed Content is set forth in the applicable license agreement that governs the use of such content, as identified on the page of the site where such content appears. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted to you in these Terms.
We make no warranties that the Site, Services or Available Content will be available on uninterrupted, secure or error-free basis.
You agree not to do any of the following:
In order to ensure your compliance with these Terms, or to comply with applicable laws, we reserve the right to monitor your access to or use of the Site or Services and to remove any Available Content. You acknowledge and agree that we reserve the right, at any time and without prior notice, to remove or disable your access to any Available Content or any other text, graphics, images, software or other content or material at our sole discretion.
Ownership and Intellectual Property Protection
You acknowledge and agree that the Site, Services and Available Content are fully protected by copyright, trademark and other applicable laws of the relevant jurisdiction, which you are obliged to fully respect. Except as expressly provided in these Terms otherwise, we and our licensors are exclusive owners of all right, titles to and interests in and to the Site, Services and Available Content, including all associated intellectual property or other proprietary rights.
You are not authorized to infringe in any way any copyright, trademark, or other intellectual property or other proprietary rights incorporated in or accompanying the Site, Services or Available Content.
We reserve the right to terminate any Member’s Account or other Account holders who infringe or are believed to be infringing the rights stated in this section in any unauthorized way.
Your acknowledge and agree that trademarks, service marks, logos, trade names and any other intellectual property / proprietary designations of collective used herein may be: (i) the trademarks or registered trademarks of collective (ii) the trademarks or registered trademarks of their respective parties protected under applicable laws.
You acknowledge and agree that infringement of any right stated in this section of the Terms may result in imposing of statutory fines, civil proceedings and/or criminal proceeding under applicable laws.
Third-Party Websites or Resources
In case the Site contains any links to third-party websites or resources, we are not responsible or liable for the availability or correctness of such websites or resources, or the content, products or services of such websites or resources available therefrom. You remain solely responsible for and assume all risk arising from your use of any of such websites or resources.
Termination and Account Cancellation
We reserve the right to suspend, disable or revoke your access to and use of the Account, Site, Services or Available Content at any time, with or without cause and this shall be without prejudice to your liability for damage caused as a result thereof.
Responsibility, Indemnity and Limitation of Liability
We explicitly disclaim any warranties of non-infringement of the Site, Services or Available Content and these are provided without any warranty of any kind.
You are solely responsible for all of your communications and interactions with other persons with whom you may communicate or interact as a result of your use of the Site and/or Services.
You agree to defend, indemnify, and hold collective, its officers, employees and representatives, harmless from and against any claims, damages, liabilities losses, and expenses, including, without limitation, reasonable legal and professional services fees, arising out of or in any way connected with your access to or use of the Site, Services, Available Content or your violation of these Terms.
We make no liability for any damages, including lost profits, loss of data, service interruption, computer damage or system failure arising out of or in connection with these Terms or from the use of or inability to use the Site, Services or Available Content.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Slovak Republic without regard to its conflict of laws provisions.
You acknowledge and explicitly agree that the courts of the Slovak Courts shall have the exclusive jurisdiction to settle any dispute, which may arise in connection with these Terms and you explicitly waive any objection to jurisdiction and venue of such courts.
These Terms constitute the entire and exclusive understanding and agreement between us and you in relation to the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you in relation to the Site and/or Services.
You may assign or transfer the rights and obligations under these Terms only with our prior written consent.
We reserve the right at any time and without any prior notice, to modify, suspend or terminate the Site or Services or to change these Terms at our sole discretion. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site and/or Services after we have posted the modification on the Site (e.g. by way of a notice), you agree to be bound by the modified Terms. In case the modified Terms are not acceptable to you, your only alternative is to cease using the Site and Services.
Any notices or other communications hereunder, including those relating to modifications of these Terms, will be in writing and given by us via e-mail (to the address that you provided us) or by its posting on the Site. The moment, in which such notice is transmitted, will be deem the moment of receipt of such notice.
Feedback and Account’s Cancellation
You may provide us with any feedback, comments and suggestions for improvements to the Site and Services (the “Suggestions”) by emailing us at email@example.com. You acknowledge and agree that all Suggestions will become our sole and exclusive property and you hereby irrevocably assign to collective all of your rights, title and interest in and to all Suggestions.
You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
If you have any questions about these Terms, please contact us at email@example.com.
If you act on behalf of any third entity, you accept and agree to these Terms on behalf of such entity and you represent and warrant that you have the authority to bind that entity to these Terms.
In case of any conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall prevail in relation to your use of or access to that area of the Site an/or Services.
The failure of collective to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision may be enforced to the maximum permissible extent and the other provisions of these Terms will remain unprejudiced.
By using this Site or Services you consent to the collection, use, processing, and sharing of your information, including personal data, which are governed by Data Protection Policy incorporated to these Terms by reference and available at www.collect-ive.com.