GALERIE DUMAS OG is a public company registered in the Republic of Austria under the number FN 549723 t, with its registered office at Gerstnerstraße 13, 4040 Linz, Austria and with the VAT number ATU7655226, represented by Mrs. Raffaela Dumas-Janetschko.
GALERIE DUMAS OG company’s e-mail address is office@galeriedumas.com and its telephone number is +43 699 19023835.
The GALERIE DUMAS OG company’s activity is the distribution of products in the form of sales (hereinafter referred to as the “Products”) via the GALERIE DUMAS OG website (hereinafter referred to as “the Website”).
The present General Terms and Conditions of Sale (hereinafter referred to as “Terms of Sale”) define the terms and conditions of online sales concluded between the GALERIE DUMAS OG company and any consumer making a purchase via the Website.
They are written in English in their original version which alone is authentic and prevails over any other version.
These Terms of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the Website at any time and are systematically submitted to the Customer before any order is placed and at the time the order is registered.
The Customer has the option of saving and printing these Terms of Sale by using the standard functions of his browser or computer.
The Customer declares that he/she has obtained all the necessary information regarding the use of the Website and the quantitative and qualitative characteristics of the services offered on it.
When opening a personal space, clicking on the “I accept the General terms and conditions of sale” button indicates the Customer’s consent to the application of these Terms of Sale.
The Customer declares that he/she has read the following provisions before placing an order for Products.
Consequently, the fact of placing an order implies the Customer’s full and unreserved acceptance of these Terms of Sale.
In view of the possible changes to the Website, the GALERIE DUMAS OG company reserves the right to adapt or modify these Terms of Sale at any time. Consequently, the GALERIE DUMAS OG company invites the Customer to consult these Terms of Sale before any new order. The Terms of Sale then in force will be applicable to all orders placed from the date they are put on line.
Last updated on June 30, 2021
TABLE OF CONTENTS
1 Definitions
2 Products
3 Personal space
4 Coupons and sponsorship
4.1 Issuance of coupons
4.2 Conditions of use of the coupons
4.3 Use of coupons
4.4 Refund of an order containing a coupon
4.5 Sponsorship
5 Order
6 Order confirmation
7 Price
7.1 Products prices
7.2 Cost of using a remote communication technique
8 Shipping costs
9 Payment
9.1 Terms of payment
9.2 Transaction security
10 Delivery
10.1 Delivery method
10.2 Delivery time
11 Receipt of products
12 Guarantees
12.1 Legal guarantees of conformity
12.2 Legal guarantee against hidden defects
13 Responsibility
13.1 Information
13.2 Compliance of the Products with applicable standards
13.3 Use of the Website
13.4 Improper use/installation of the Product
14 Right of withdrawal
15 Intellectual property
16 Personal data
17 Cookies
18 Force majeure
19 Tolerance
20 Titles
21 Nullity
22 Domiciliation
23 Applicable law and jurisdiction
24 Mediator
25 QUESTIONS? PROBLEMS? SUGGESTIONS?
26 Appendix
Appendix 1- Withdrawal form
1 Definitions
The terms defined below shall have the following meaning between the Parties:
– “Customer”: means the natural person, professional or non-professional, with full legal capacity, who places an order on the Website as a final consumer;
– “User”: any person accessing and using the functionalities of the Website;
– “Parties”: in the singular indistinctly refers to the GALERIE DUMAS OG company or the User, and in the plural to the GALERIE DUMAS OG company and the User together;
– “Website”: Internet Website published by the GALERIE DUMAS OG company, accessible at the url https://galeriedumas.com/;
– “Seller”: professional seller, legal entity or natural person registered in the Companies Register of the Republic of Austria offering his Products for sale to Users of the Website.
2 Products
The essential characteristics of the Products are described for each Product in the online catalogue. They were presented to the Customer prior to the order, within the framework of the pre-contractual informations which was communicated to him.
GALERIE DUMAS OG company has selected the Products present on the Website taking into account the identity of the artist, the characteristics of the work and the techniques used.
3 Personal space
The User is offered to create a personal space. The User, hereinafter referred to as “Member”, then provides his or her e-mail address or telephone number, according to the terms and conditions set out in the online registration form, the general terms and conditions of use and these Terms of Sale.
The Member is also an User, but the User without a personal space is not a Member.
The creation of a personal space is optional. An order may be placed by the User without a personal space.
The Customer undertakes to provide the GALERIE DUMAS OG company with accurate, up-to-date and complete data and to keep it accurate. The Customer undertakes not to create an account under a false identity. It is up to the Customer to update the data concerning him.
If the Customer notices that his account is being used fraudulently, he undertakes to inform the GALERIE DUMAS OG company immediately.
4 Coupons and sponsorship
4.1 Issuance of coupons
Coupons or discount vouchers are marked with a code. This code can be entered manually in the “Enter a code” section of the checkout or in the “My credits” section.
It is possible that a coupon is automatically allocated to the customer on his personal space, in this case, it is called a credit.
The GALERIE DUMAS OG company reserves the right to modify at any time the value of its future coupons, if they have not already been allocated. The GALERIE DUMAS OG company also reserves the right to allocate coupons sent by email or from the Website during special operations.
4.2 Conditions of use of the coupons
Unless otherwise specified, it is not possible to use more than one coupon for the same order.
Under no circumstances may coupons be converted into currency. The coupons issued have an expiry date that cannot be changed. No new coupon may be issued or allocated to an User to replace an expired and unused coupon.
The application of a coupon necessarily implies that the value of the shopping cart (before the calculation of delivery costs) is higher than the value of the coupon, except in the case where the particular conditions of use of the said coupon specify a minimum purchase amount (before the calculation of delivery costs). In this case, the value of the shopping cart (before the calculation of delivery costs) must be higher than the value of the minimum purchase required to use the coupon.
A buyer may not, in any case, ask the GALERIE DUMAS OG company to deduct from an order already validated and paid for the value of a coupon whose code was not entered, selected or was defective when the order was placed.
4.3 Use of coupons
In order to benefit from the discount associated with a coupon, the User must enter the code assigned to him in the “Add a code” window or in the “My credits” section. The discount will be immediately deducted from the amount of the order.
4.4 Refund of an order containing a coupon
When an order contains a coupon, the refund of an item in an order, for whatever reason, is made minus the associated coupon share. When an order is paid for in part with coupons that have been automatically assigned to the buyer, the credits are refunded and will be automatically credited back. This is not the case for manually added coupons, which will be lost in the event of a refund.
4.5 Sponsorship
Sponsorship allows the User to obtain discount coupons when the first order of each of his or her sponsored friends is shipped. The coupons are then automatically credited and displayed in the User’s personal space.
The User can consult his balance at any time in the “My credits” section. The sponsorship coupon has the same conditions of use as the other coupons issued by the GALERIE DUMAS OG company.
All mass sponsorship activities are prohibited, whatever the medium. Self-sponsorship activities for which the User registers with different e-mail addresses in order to carry out a fictitious sponsorship enabling him to make a profit are also prohibited. Only one customer account per household.
If the GALERIE DUMAS OG company notes irregularities concerning an User in the use of sponsorship coupons, the GALERIE DUMAS OG company reserves the right to take the necessary measures to stop these irregularities and consequently to cancel the advantages and other reductions which may have been unduly allocated to this User.
5 Order
The Customer places his order from the GALERIE DUMAS OG online catalogue accessible on theWebsite. Any order is made only via the Website.
It is specified that ALL ORDERS MADE ON THE WEBSITE ARE ORDERS WITH OBLIGATION OF PAYMENT.
Any order implies acceptance of the description of the Products and the prices in force on the day of the order.
To place an order online on the Website, the Customer must:
– fill his/her shopping cart with one or more Products;
– [optional] identify themselves with their e-mail or telephone number if they already have a personal space;
– fill in their email address and then;
– enter their surname, first name, telephone number and delivery address;
– enter their payment details.
Once the order has been completed, the Customer can check the Products ordered, the total price of the order and the conditions of the order. He/she choose his/her method of payment. He/she may, if necessary, modify this order or go back over his/her order before finally validating it.
The order will be definitively recorded after the Customer has ticked the box “order with obligation to pay”. As of this action:
– the Customer confirms his/her order and declares that he/she accepts it, as well as the entirety of these Terms of Sale fully and without reservation; and
– the order is considered to be irrevocable and may only be challenged in the cases exhaustively provided for herein.
The Customer has the possibility of printing the summary e-mail of his/her order.
6 Order confirmation
As soon as the Customer registers his/her order, a detailed acknowledgement of receipt of the order is sent to the e-mail address that he/she has previously entered. This acknowledgement of receipt specifies the contact details given, the exact amount invoiced, the indication of the Products ordered and their quantity, the terms of delivery of the order and refers to the present Terms of Sale. This acknowledgement of receipt constitutes acceptance of the order by the GALERIE DUMAS OG company and will validate the transaction.
The Customer accepts that the systems of recording of the order are worth proof of the purchase and its date. By keeping this [e-mail-PDF-web page] and/or by printing it, the Customer holds a proof of his/her order which the GALERIE DUMAS OG company recommends him/her to keep.
This [e-mail-PDF-web page] confirms that the Customer’s order has been taken into account by the GALERIE DUMAS OG company and not that the Product ordered is available.
The GALERIE DUMAS OG company undertakes to honour on-line orders only within the limits of available stocks.
In the absence of availability, the GALERIE DUMAS OG company undertakes to inform the Customer as soon as possible by e-mail or by telephone. The Customer will then be reimbursed by the GALERIE DUMAS OG company, within fourteen (14) days.
In any case, the customer can cancel his order or modify his delivery address until 15 (fifteen) minutes after the validation of this one.
7 Price
7.1 Products prices
ORDERS ON THE WEBSITE ARE ORDERS WITH OBLIGATION OF PAYMENT. The prices of the Products are indicated in euros including all taxes. They take into account the VAT in force in Austria on the day of the order.
The advertised prices do not take into account shipping costs, which are in principle to be borne by the Customer, in accordance with the provisions of Article 8 below.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and the stocks available.
7.2 Cost of using a remote communication technique
Access to the Website is conduct via the Internet.
The costs of accessing the Internet by means of a remote communication service are at the expense of the Customer.
8 Shipping costs
The delivery costs are at the exclusive charge of the Customer.
The Customer will be able to add Products from several different sales to the same shopping cart and purchase them. However, separate delivery charges will apply for Products of different sales.
The return costs are free for the Customer, as long as the returned product is in conformity.
9 Payment
9.1 Terms of payment
Invoices are payable in euros. Payment is made online at the time of ordering by credit card, Paypal or Apple Pay.
The following credit cards are accepted: Visa, Mastercard and American Express.
After confirmation of payment by our payment centre, your bank account or Paypal account will be debited after a maximum of 4 days following the date of the order.
In all these cases, the order will be processed upon receipt of payment and subject to its receipt. In case of refusal by the bank, the order will be automatically cancelled.
9.2 Transaction security
In order to optimise the security of transactions on the Internet, the Website uses an SSL (Secure Socket Layer) online payment system so that all means are implemented to ensure the confidentiality and security of the data transmitted, within the framework of an online payment.
Our online payment systems, Stripe and Paypal, automatically check the validity of access rights when paying by credit card and encrypt all exchanges to guarantee confidentiality.
To benefit from the SSL secure payment mode, the Customer must use browsers that are compatible with the SSL system.
10 Delivery
10.1 Delivery method
Delivery is made within Austria and the European Union, at the Customer’s choice. Delivery is only made to the address indicated, not to a collection point. However, the customer will have the possibility of collecting his parcel from GALERIE DUMAS OG at the following address Gerstnerstraße 13, 4040 Linz, Austria.
The Customer will be given the parcel number by e-mail, so that he can follow the progress of his delivery. The Customer can then follow the progress of his ordering and delivery directly in his personal space.
Shipping costs will be charged at the rate in force on the day of the order.
For any order outside the zones announced in the present Terms of Sale, contact the GALERIE DUMAS OG company by email at office@galeriedumas.com or by telephone on +43 699 19023835.
10.2 Delivery time
The delivery times are indicated on the Website when the Products are selected. They begin to run from the date of receipt of payment by the GALERIE DUMAS OG company.
Although they are indicative, the GALERIE DUMAS OG company will make its best efforts to respect the delivery times mentioned at the time of the order.
The non-respect of the delivery deadlines could not give place to the payment of any compensation. 11 Receipt of products
The Customer must check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately indicate any reservations he/she may have regarding the condition of the delivered Product: damaged packaging, damage suffered, conformity with the order, etc.
Any complaint about apparent defects or about the non-conformity of the delivered Product in relation to the information given at the time of the presentation of the Product on the Website, as well as any damage linked to transport, must be confirmed by the Customer to the GALERIE DUMAS OG company within 48 hours of receiving the Product at the following address Gerstnerstraße 13, 4040 Linz, Austria, or by e-mail at the following address: office@galeriedumas.com.
The Customer shall provide all justification and visual elements as to the reality of the non-conformities, damages or defects observed.
In the absence of a complaint within the above-mentioned period and conditions, the Products delivered shall be deemed to have been accepted by the Customer.
By reporting the defect or the non-conformity of the Product, the Customer will obtain a return authorisation from the GALERIE DUMAS OG company, specifying the address and the methods for returning the Products.
Once the return authorisation has been obtained, the Customer will send the Products back to the address specified on the return authorisation according to the methods indicated.
Any Product sent back without the agreement of the GALERIE DUMAS OG company will be refused and returned to the sender at the latter’s expense and risk.
To be validly returned and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with their possible accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to a proven lack of conformity, the Customer must use the same delivery method for the return of the Products as the one chosen for the shipment of the Products ordered. In this context, the return costs will be covered by the GALERIE DUMAS OG company by means of a return voucher or, failing that, by reimbursing the Customer for the actual amount of the said costs (the proof of the carriage costs must be attached to the parcel; in the event of absence, no reimbursement may be demanded by the Customer).
12 Guarantees
The customer is entitled to the statutory guarantee of conformity (articles §922, §932, §933 of the Austrian Civil Code (ABGB) ) and the statutory guarantee for defects in the goods sold (articles §923, §924, §933 of the Austrian Civil Code (ABGB) ).
12.1 Legal guarantees of conformity
Article §922 of the Austrian civil Code (ABGB):
(1) Anyone who provides another with an item in return for payment warrants that it complies with the contract. He is therefore liable for ensuring that the item has the agreed or usually assumed properties, that it corresponds to his description, a sample or a model and that it can be used in accordance with the nature of the transaction or the agreement made.
Article §932 of the Austrian civil Code (ABGB):
(1) Due to a defect, the transferee may demand improvement (rectification or addition of what is missing), replacement of the item, a reasonable reduction of the remuneration (price reduction) or cancellation of the contract (redhibition).
(2) Initially, the transferee may only demand the improvement or replacement of the item, unless the improvement or replacement is impossible or would involve a disproportionately high effort for the transferor compared to the other remedy. Whether this is the case shall also depend on the value of
the defect-free item, the severity of the defect and the inconvenience associated with the other remedy for the transferee.
(3) The improvement or replacement shall be effected within a reasonable period of time and with the least possible inconvenience to the transferee, taking into account the nature of the item and the purpose pursued with it.
(4) If both the improvement and the replacement are impossible or involve a disproportionately high effort for the transferor, the transferee shall be entitled to a price reduction or, if the defect is not minor, to rescission. The same shall apply if the transferor refuses to improve or replace the goods or fails to do so within a reasonable period of time, if these remedies would involve considerable inconvenience for the transferee or if they are unreasonable for the transferee for good reasons attributable to the person of the transferor.
Article §933 of the Austrian civil Code (ABGB):
(1) The right to warranty must be asserted in court within three years if it concerns immovable property and within two years if it concerns movable property. The period shall commence on the day of delivery of the item, but in the case of defects of title only on the day on which the defect becomes known to the transferee. The parties may agree on a shortening or extension of this period.
(2) In the case of livestock defects the period shall be six weeks. In the case of defects for which there is a presumption of conformity, the period shall not begin until the expiry of the presumption of conformity.
(3) In any case, the transferee reserves the right to assert the claim by way of a defense if he notifies the transferor of the defect within the time limit.
12.2 Legal guarantee against hidden defects
Article §923 of the Austrian civil Code (ABGB):
Therefore, whoever attributes to a thing properties which it does not have, and which have been expressly or tacitly stipulated by the nature of the transaction; whoever conceals unusual defects or encumbrances in it; whoever sells a thing which no longer exists, or a foreign thing, as his own; whoever falsely pretends that the thing is fit for a particular use, or that it is also free from the usual defects and encumbrances; shall be liable for it, if the contradiction arises.
Article §924 of the Austrian civil Code (ABGB):
The transferor warrants for defects existing at the time of transfer. This shall be presumed until proven otherwise if the defect becomes apparent within six months after handover. The presumption does not apply if it is inconsistent with the nature of the item or the defect.
Article §933 of the Austrian civil Code (ABGB):
(1) The right to warranty must be asserted in court within three years if it concerns immovable property and within two years if it concerns movable property. The period shall commence on the day of delivery
of the item, but in the case of defects of title only on the day when the defect becomes known to the transferee. The parties may agree to shorten or extend this period.
(2) In the case of livestock defects the period shall be six weeks. In the case of defects for which there is a presumption of conformity, the period shall not begin until the expiry of the presumption of conformity.
(3) In any case, the transferee reserves the right to assert the claim by way of a defense if he notifies the transferor of the defect within the time limit.
13 Responsibility
13.1 Information
GALERIE DUMAS OG endeavours to ensure to the best of its ability that the information published on the Website is accurate and up to date, and reserves the right to modify it at any time and without notice.
However, it cannot guarantee the accuracy, precision or completeness of the information on the Website. Consequently, it declines all responsibility for any imprecision, inaccuracy or omission in the information available, as well as any responsibility for damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Website.
GALERIE DUMAS OG cannot be held responsible for the hypertext links set up on the Website, leading to other resources on the Internet network. Indeed, the GALERIE DUMAS OG company has no means of controlling these website, and the Customer is expressly informed of this under the present Terms of Sale. Consequently, the risks linked to this use are fully incumbent on the User, who must comply with the specific conditions of use for each website.
Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the GALERIE DUMAS OG company cannot be held responsible in the event of an error in one of these photographs or one of these texts.
13.2 Compliance of the Products with applicable standards
GALERIE DUMAS OG company undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
13.3 Use of the Website
The use and browsing of the Website are under the responsibility of the Customer. GALERIE DUMAS OG company declines all responsibility and cannot be held responsible for any damage or virus which could affect the computer equipment or any other material when accessing the Website, using or browsing
it, or downloading any content, data, texts, images or files from the Website. The Customer must read the General Terms of Use , which are deemed accepted at the latest at the time of ordering.
13.4 Improper use/installation of the Product
GALERIE DUMAS OG company declines all responsibility and cannot be held responsible for any damage caused to the Customer or to a third party due to use of the Product which does not comply with its intended purpose.
14 Right of withdrawal
In accordance with Article 11(1) FAGG, the consumer who concludes a contract by means of distance communication has a withdrawal period of fourteen (14) days from the date of receipt of the Product to revoke his order.
It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from the date of receipt of the last good or batch or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall begin on receipt of the first good.
To exercise his right of withdrawal, the Customer has fourteen (14) days to inform the GALERIE DUMAS OG company of his intention to withdraw from the contract from the personal space on the Website or by mail office@galeriedumas.com by filling in and sending the withdrawal form attached to these Terms of Sale or any other unambiguous statement expressing his wish to withdraw.
When the right of withdrawal is transmitted electronically on line from the Website, the GALERIE DUMAS OG company will immediately send the Customer an acknowledgement of receipt of the withdrawal.
Thereafter, the Customer sends the Products as soon as possible and at the latest within fourteen (14) days from the sending of the withdrawal form, accompanied by the copy of the invoice. The risks and costs of return are the responsibility of the Customer. The Products are returned to the address indicated on the return form.
The GALERIE DUMAS OG company undertakes to reimburse the Customer for the price of his order within 14 days of receiving the Products or at least of the proof of dispatch of the Products (whichever is the earlier).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Customer is thus informed that the items must be returned:
– in new condition in their original packaging;
– accompanied by the return form and a copy of the invoice;
– undamaged and complete;
– not damaged or soiled in conditions exceeding simple trial use;
– without soiling, perforation, tearing, burning, discoloration or deformation; – with all the elements representing the brand or model of the brand (logo, external brand label, certificate of authenticity in its ticket folder, etc.).
The Customer may be held liable in the event of deterioration of the Product by the Customer.
15 Intellectual property
The Customer does not have any intellectual or industrial property rights on the Products, packaging, conditioning, the GALERIE DUMAS OG company remaining the exclusive owner of all these rights.
Any use in any way whatsoever by the Customer of the GALERIE DUMAS OG brand or of any other brand belonging to the GALERIE DUMAS OG company or to its suppliers and manufacturers is strictly forbidden, unless the GALERIE DUMAS OG company agrees.
The content and the structure of the Website are reserved under the copyright, as well as under the intellectual property and this for the whole world.
In this respect, and in accordance with the provisions of the various laws applicable to intellectual property in Austria, only use for private purposes is authorized, subject to different or even more restrictive provisions of the various laws applicable to intellectual property in Austria.
Any reproduction or representation, in whole or in part, of any of the contents of the Website (in particular any text, image, iconographic or photographic representation, trademark or logo) for any commercial purpose and in any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer.
None of the provisions of these Terms of Sale may be interpreted as granting the Customer a licence to any intellectual property right.
The Customer must read the General Terms of Use, which are deemed accepted at the latest at the time of the order.
16 Personal data
When placing your order, the GALERIE DUMAS OG company collects personal data to conclude the Contract, its execution, its management and drawing up invoices.
The data collected, in this context, are the following: surname, first name, e-mail, postal address, telephone number. The collection is based on the execution of the contract.
The recipient of the data is the GALERIE DUMAS OG company. However, the GALERIE DUMAS OG company reserves the right to transmit all or part of the personal data of its Customers to its subcontractors for the needs of the Contract, and in particular for the execution of any order
Your data is kept in an active database for the duration of the Contract or 3 years from the last contact with you, and in an archive database for a period of 5 years, the duration of the statute of limitations under statutory law.
GALERIE DUMAS OG undertakes to take all necessary precautions to preserve the security of the data communicated and, in particular, to prevent it being distorted, damaged or accessed by unauthorized third parties.
In application of the regulation on personal data, the User is informed that he has a right of access, of interrogation, of rectification and of opposition for legitimate reasons and to their use for purposes of commercial prospecting in particular relative to the whole of the data concerning him as well as the right to define directives relating to the fate of his data after his death, which can be exerted by electronic mail to the address office@galeriedumas.com or by postal mail to the attention of Galerie Dumas OG at Gerstnerstraße 13, 4040 Linz, Austria. You may be asked to provide proof of your identity.
For more information on the processing of personal data and the scope of your rights, please refer to the Privacy Policy, which can be found at (insert url of the Privacy Policy).
17 Cookies
To enable Users to benefit from the services offered by the Website, such as its consultation, optimization of its use or personalization according to the User, the Website uses cookies. To find out about our cookie policy, click on this link (link to the cookie policy).
18 Force majeure
The GALERIE DUMAS OG company is not liable for any failure to fulfil its contractual obligations in the event of force majeure or unforeseen circumstances, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event which does not allow orders to be carried out properly.
19 Tolerance
The fact of not exercising, at any time, a prerogative recognized by these Terms of Sale, or of not requiring the application of any stipulation of the agreement resulting from these Terms of Sale, shall not be interpreted, under any circumstances, either as a modification of the contract, or as an express or tacit renunciation of the right to exercise the said prerogative in the future, or of the right to require the scrupulous execution of the undertakings entered into herein.
20 Titles
In case of difficulties of interpretation resulting from a contradiction between any of the titles in the clauses and any of the clauses, the titles shall be declared non-existent.
21 Nullity
In the event that any of the provision of the Terms of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
22 Domiciliation
For the execution of the present agreement and except for specific provisions, the User agrees to send all correspondence to the registered office of the GALERIE DUMAS OG company.
23 Applicable law and jurisdiction
These Terms of Sale shall be governed by Austrian law, to the exclusion of any international agreements. In the event of any dispute arising from these Terms of Sale or from the sale, the parties shall endeavour to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court to rule on all disputes arising from the present contract is that of the registered office of the GALERIE DUMAS OG company. However, it is also possible to bring an action before the general jurisdiction of the contractual partner.
A printed version of the Terms of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of the present Terms of Sale in the same way and under the same conditions as any other written document kept in paper format.
24 Mediator
If you are a “consumer” within the meaning of Article § 1 of the Consumer Protection Act (KSchG) and you wish to have recourse to a mediation procedure, you may first send us your complaint via the contact form on the Website accessible at the following address: https://galeriedumas.com/contact/.
If this attempt is unsuccessful or if you prefer not to have recourse to it, you may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of your complaint, to the competent consumer mediator in accordance with the provisions of the Alternative Dispute Resolution Act (AStG).
The competent mediator can be reached at the following address Ungargasse 64-66 / 3/404, 1030 Vienna; and on the following website: https://www.ombudsstelle.at/frage-stellen/.
You may also, in order to resolve your dispute, access the European platform for online dispute resolution provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if you do not wish to resort to it, you remain free to submit your dispute to the competent courts.
25 QUESTIONS? PROBLEMS? SUGGESTIONS?
Please contact us at: office@galeriedumas.com or by mail at GALERIE DUMAS OG, Gerstnerstraße 13, 4040 Linz, Austria, in order to report any violation of the Terms of Sale or to ask any question concerning the Terms of Sale, the Privacy Policy and/or the Website.
26 Appendix
– Appendix: Withdrawal form
Appendix 1- Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract, i.e. the sale made on our Website.
To the attention of :
GALERIE DUMAS OG company
Gerstnerstraße 13, 4040 Linz, Austria
Or by mail :
I/we(*) hereby notify you of my/our(*) withdrawal from the contract for the sale of the following goods:
Ordered on/ received on (*) :
Invoice number :
Name of consumer(s) :
Address of consumer(s) :
Date :
(*) Delete as appropriate.
| The GALERIE DUMAS OG company, as the data controller, implements the processing of personal data for the purpose of managing, processing and following up the exercise by its beneficiaries of their right of withdrawal. The data collected via this withdrawal form is mandatory. Failure to do so may affect the exercise of the right of withdrawal. This information is intended for the authorised departments of the GALERIE DUMAS OG company. In accordance with the regulations applicable to the data protection, you have the right to access, question, rectify and delete information about you, to limit the processing, and a right to the portability of data about you. You also have the right to object at any time, for reasons relating to your particular situation, to the processing of personal data whose legal basis is the legitimate interest of GALERIE DUMAS OG, as well as the right to object to commercial prospecting. Furthermore, you also have the right to formulate specific and general directives concerning the conservation, deletion and communication of your personal data after your death. General instructions should be addressed to a third party to be designated by Decree. The communication of specific post-mortem instructions and the exercise of rights can be made by post to the following address Gerstnerstraße 13, 4040 Linz, Austria or by e-mail to office@galeriedumas.com . If, after contacting us, you believe that your rights with regard to your data have not been respected, you can submit a complaint to the Austrian Data Protection Authority (dsb). If you would like to know more about the personal data protection, please click here. |
