The general terms of Use are concluded between GALERIE DUMAS, OG, a public company, located at Gerstnerstraße 13, 4040 Linz, Austria, registered with the Register of Companies of the Republic of Austria, under the number FN 549723 t, and the User.
Any User who wishes to use the Website https://galeriedumas.com/ (hereinafter, the “Website”) is deemed to have read these general terms of use (hereinafter, the “Terms”).
The User acknowledges that use of the Website requires that he or she be eighteen years old and that he or she comply with all of the provisions defined herein.
Any use of the Website requires the consultation and acceptance of these Terms.
Each time you visit the Website, you must take note of any changes to these Terms, as GALERIE DUMAS OG company reserves the right to modify them at any time.
These Terms are not general conditions of sale or general conditions of provision of services.
They are intended to constitute the rule that any User visiting the Website must respect.
Last updated on June 30, 2021
Table of contents
1 Definitions
2 Entry into force – Duration
3 Purpose of the Terms
4 Conditions of access
4.1 Free access
4.2 Personal space
4.2.1 Registration to the personal space
4.2.2 Personal space and password
4.2.3 Functionality of the personal space
4.2.4 Suspension and closure of the personal space
5 Website description
6 Coupons and sponsorship
6.1 Issuance of coupons
6.2 Conditions of use of the coupons
6.3 Use of coupons
6.4 Refund of an order containing a coupon
6.5 Sponsorship
7 Use of the Website
7.1 User licence
7.2 Obligations of the User
8 Hyperlinks
9 Security
10 Personal data
11 Cookies
12 Responsibility of the GALERIE DUMAS OG company
12.1 General responsibility
12.2 Responsibility for the information on the Website
12.3 Responsibility for technological tools
13 Responsibilities of the User
14 Intellectual property
14.1 Intellectual property of the GALERIE DUMAS OG company
14.2 Third party intellectual property
15 Tolerance
16 Titles
17 Nullity
18 Domiciliation
19 Litigation
20 QUESTIONS ? PROBLEMS ? SUGGESTIONS ?
1 Definitions
The terms defined below shall have the following meaning between the Parties:
– “Internet”: network allowing the exchange of information based on a protocol called TCP/IP. The data is routed through networks of different nature that are capable of reading messages according to this technical standard. Each element of this network belongs to private or public organizations which operate them in cooperation without necessarily implying a bilateral obligation of quality;
– “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;
– “Regulations relating to data protection”:
o Data Protection Act of January 6, 1978 as amended and its updates or modifications; and
o Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing f personal data and on the free movement of such date, and repealing Directive 95/46/EC (General Data Protection Regulation);
– “Website”: Internet Website published by the GALERIE DUMAS OG company, accessible at the url https://galeriedumas.com/.
2 Entry into force – Duration
The Terms come into force on the date they are put online and will be enforceable on the date of the first use of the Website by the User.
These Terms shall apply throughout the period of use of the Website and until new general terms and conditions of use replace these Terms.
The User may at any time give up using the Website but remains responsible for any previous use.
3 Purpose of the Terms
The purpose of these Terms is to present and set out the conditions of use of the Website and all the pages of the Website.
The User declares that he/she has read and accepted these Terms.
4 Conditions of access
4.1 Free access
Access to the Website is free of charge for any User of legal age who has access to the Internet or a mobile network. All costs relating to access, whether hardware, software or internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of his/her mobile equipment and Internet access.
The service is accessible 24 hours a day, 7 days a week.
GALERIE DUMAS OG strives to provide quality access and to enable Users to use the means of communication made available to them in the best possible conditions.
Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, GALERIE DUMAS OG makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Website. GALERIE DUMAS OG cannot guarantee absolute accessibility or availability of the Website.
However, GALERIE DUMAS OG reserves the right, without prior notice or compensation, to close down temporarily or definitively all or part of the service, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods and servers, without this list being restrictive.
GALERIE DUMAS OG is not responsible for any damage of any kind that may result from these changes or from the temporary unavailability or even the definitive closure of all or part of the Website or the services associated with it.
GALERIE DUMAS OG reserves the right to complete or modify, at any time, the Website and the services available on it according to the evolution of technologies.
It is the responsibility of the User to ensure that the computer and transmission resources available to him/her are able to adapt to changes in the service.
4.2 Personal space
Certain parts of the Website or services offered are only accessible to Users with a personal account and password (hereinafter “Member”), according to the terms and conditions set out in the online registration form and these general conditions of use.
The Member is also an User, but the User without a personal space is not a Member.
The User who does not have a personal space shall refrain from accessing the part of the Website reserved for Members and undertakes not to enter or attempt to enter this space. Such access shall be considered as illegal access to a computer system within the meaning of Section 118a of the Austrian Criminal Code (StGB).
If the User who does not have a personal space inadvertently enters such a space without right, he/she undertakes to inform the publisher of the Website at the following address: office@galeriedumas.com.
The User undertakes to consider that all the data of which he/she will have become aware during such access to the personal space are confidential data and consequently undertakes not to disclose them.
4.2.1 Registration to the personal space
To proceed with the creation of this personal space, the User goes to the following tab: https://galeriedumas.com/my-account/ or click on “My account” on the top right of the “Contact” tab.
Registration and access to the personal account are reserved exclusively for adults who have completed and validated the registration form available on the Website, as well as the Terms of . The creation and use of the personal space are free. However, access costs (notably Internet subscription) remain at the expense of the User.
The Member who has registered on the personal space guarantees the accuracy of the information provided for the purposes of his or her registration to the parts of the Website requiring a personal account and a password.
The Member guarantees that all the information he/she provides at the time of registration is accurate, up-to-date and sincere and is not misleading. They also guarantee that they do not in any way infringe on the rights of third parties, in particular personality rights and intellectual property rights. He/she undertakes to update this information in his/her personal space in the event of modifications, so that it always corresponds to the aforementioned criteria.
The Member is informed and accepts that the information entered for the purpose of creating or updating his or her personal space is proof of his or her identity. The information entered by the Member is binding upon validation. In particular, the Member accepts that his or her information may be verified.
The User must therefore provide a valid e-mail address, to which he/she will receive confirmation of his/her registration. An e-mail address may not be used several times to register for the personal space.
When creating the personal space, the Member must indicate his or her e-mail address, to which he or she will then receive a password allowing him or her to access the personal space.
4.2.2 Personal space and password
Access to the personal area requires strong authentication by each Member.
The password for access to the parts of the Website reserved for Members is strictly personal and confidential.
The Member is solely responsible for the preservation and confidentiality of his or her password and other associated confidential data. He/she undertakes to take all useful measures to ensure this complete confidentiality, and in particular to change it regularly.
Any use of a password shall constitute an irrefutable presumption of use of the Website’s services by the Member.
The Member undertakes to change his or her password without delay in the event of voluntary or involuntary disclosure to third parties, as well as in the event of loss or omission.
The Member is solely responsible for the use that will be made of his or her password until he or she has requested a change of password under the conditions mentioned above.
The Member undertakes to notify without delay any theft of his password. This notification must be sent to the GALERIE DUMAS OG company by registered letter with an acknowledgement of receipt.
In any case, the GALERIE DUMAS OG company cannot be held responsible in case of fraudulent or abusive use or due to a voluntary or involuntary disclosure to anyone of his identifiers and/or passwords.
4.2.3 Functionality of the personal space
The personal space offers, in particular, the following functionalities
– to consult, modify and complete their contact details, profile, password and delivery addresses and billing ;
– check the history of his last orders placed on the Website.
The description of the personal space is not exhaustive and is likely to evolve, in particular to take into account technological developments or with the aim of improving the Member’s experience or in order to bring the Website into compliance.
4.2.4 Suspension and closure of the personal space
GALERIE DUMAS OG reserves the right to suspend or close the personal space in the event of non compliance by the User with the provisions of the present General Conditions of Use.
In the event of a breach of the present General Conditions of Use or of the regulations in force, the GALERIE DUMAS OG company reserves the right, without compensation and without notice, to suspend access to all or part of the personal space until the cause of the suspension has disappeared, or even to delete the personal space depending on the seriousness of the breach. The User recognises that the GALERIE DUMAS OG company cannot be held responsible against him or against third parties for the consequences of the closure or suspension of the personal space.
A suspension of thirty (30) days which has not been dealt with by an User will lead to the deletion of the account.
This deletion, whether it occurs at the initiative of the User or at the initiative of the GALERIE DUMAS OG company, entails the deletion of all the information linked to the personal space, without the User being able to claim any prejudice whatsoever in this respect.
Only the data necessary for accounting documents and supporting documents will be kept in accordance with the applicable provisions in order to enable the GALERIE DUMAS OG company to meet its legal and regulatory obligations in this area.
5 Website description
The Website consists of offering products in the form of exhibitions or sales. The products offered are those shown on the GARLERIE DUMAS OG Website within the limits of available stocks. The GALERIE DUMAS OG company reserves the right to modify the range of products at any time.
Each product is presented on the Website in the form of a description of its main technical characteristics and the photographs are as accurate as possible but are not binding on the seller. The sale of the products presented on the GALERIE DUMAS OG Website is intended for all purchasers residing in countries which fully authorise the entry into their territory of these products.
6 Coupons and sponsorship
6.1 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.
6.2 Conditions of use of the coupons
Unless otherwise stated, 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.
6.3 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.
6.4 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.
6.5 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 in 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.
7 Use of the Website
7.1 User licence
GALERIE DUMAS OG grants the User a simple right to use the Website. This licence granted is revocable, free, non-exclusive and worldwide. It is intended for personal use under the present Terms.
7.2 Obligations of the User
The User undertakes to use the Website for strictly personal purposes only and, in this context, not to commit any act of counterfeiting, not to reproduce, download, represent or modify all or part of the Website and not to disrupt the proper functioning of the Website, and in particular not to introduce viruses or any other technology that is harmful to the Website or the associated services.
The User is entirely responsible for the use he makes of the Website and the associated services. He/she undertakes to use the Website in a loyal manner, in compliance with these Terms and with the applicable laws and regulations, in particular the laws relating to intellectual and industrial property.
The User undertakes to use the Website and all the information to which he/she may have access only to obtain information and for purposes that comply with public order, good morals and the rights of third parties.
Thus, he is forbidden to publish or transmit via the Website any illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise offensive element, in particular to human dignity. In the event that GALERIE DUMAS OG is informed of the presence of illicit content on the Website, the latter is entitled to immediately remove the content and prevent the User from accessing the Website.
The User also undertakes not to disturb the use that other Users may make of the Website by not accessing parts of the Website to which access is reserved.
The GALERIE DUMAS OG company reserves the right to suspend the use of the Website to any User who does not respect the present Terms and to communicate all the necessary information to the competent services responsible for the repression of offences.
8 Hyperlinks
GALERIE DUMAS OG reserves the right to set up hyperlinks on its Website, giving access to web pages other than those on its Website, over which GALERIE DUMAS OG has no control.
The GALERIE DUMAS OG company declines all responsibility for the conditions of access to these web pages, their operation, their use of Users’ personal data and the content of the information provided on these web pages when the hyperlinks are activated.
Any User who has a personal website and wishes to place, for personal purposes, on his website a simple link leading directly to the home page of the GALERIE DUMAS OG Website, must obtain the express authorisation of the GALERIE DUMAS OG company to establish this link.
Under no circumstances may this authorisation be qualified as an implicit affiliation agreement.
In any case, the hypertext links referring to the website without the authorisation of the GALERIE DUMAS OG company must be withdrawn at the first request of the GALERIE DUMAS OG company.
9 Security
GALERIE DUMAS OG makes its best efforts, in accordance with the rules of the art, to secure the Website with regard to the risk incurred and the nature of the data processed. However, the GALERIE DUMAS OG can only be held responsible in the event of a proven fault attributable to the latter. It cannot guarantee absolute security.
It is forbidden for the User to access or to remain, fraudulently, in all or part of the Website. He is forbidden to use any access method other than the interface made available by the GALERIE DUMAS OG company. In the event of discovery of such a method or if the User inadvertently enters in a reserved space without right, he/she undertakes to inform the GALERIE DUMAS OG company of this without delay by e-mail to the address office@galeriedumas.com so that it can take the necessary measures.
It is forbidden for the User to delete or modify data contained on the Website which has not been published by himself, or to fraudulently introduce date or event to alter the functioning of the Website. In particular, he/she shall ensure that he/she does not introduce viruses, malicious code or any other technology harmful to the Website.
Any access to a prohibited area will be considered as illegal access to a computer system within the meaning of Section 118a of the Austrian Criminal Code (StGB).
The User undertakes to treat all data which he/she becomes aware of during such access to an unauthorised area as confidential data and therefore undertakes not to disclose them.
The User agrees not to carry out any operation aimed at saturating a page, bouncing operations or any operation that would hinder or distort the functioning of the Website.
The User undertakes not to use any devices or software of any kind that would have the effect of disrupting the proper functioning of the Website.
The User undertakes not to take any action that would impose a disproportionate burden on the Website’s infrastructure.
The User accepts the characteristics and limits of the Internet. He/she is aware that the data circulating on the Internet is not necessarily protected, particularly against possible misappropriation.
The Usershall take the appropriate measures to ensure the security of his/her own data and/or software from contamination by any viruses on the Internet.
10 Personal data
By creating and using the member area of the Website, the GALERIE DUMAS OG company collects the User’s account data and as such implements a processing of personal data for which it is responsible, for the purposes of creating a member account, managing and monitoring the service.
GALERIE DUMAS OG may also have to process personal data concerning you when you contact it.
These informations are essential for this processing and are intended for the relevant departments of the GALERIE DUMAS OG company as well as its commercial and contractual partners, where applicable.
In application of the regulations on personal data, the User is informed that he/she has the right to access, question, rectify and oppose for legitimate reasons and to limit their use for marketing purposes, in particular commercial, in relation to all the data concerning him/her; as well as the right to define directives relating to the fate of his/her data after his/her death, which can be exercised by e-mail to office@galeriedumas.com or by post to the following address: Galerie Dumas OG, Gerstnerstraße 13, 4040 Linz, Austria, accompanied by a copy of an identity document.
For more information on the processing of personal data and the scope of their rights, Users are invited to refer to the Privacy Policy, which can be found at (link to privacy policy).
11 Cookies
To enable Users to benefit from the services offered by the Website such as its consultation, optimisation 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).
12 Responsibility of the GALERIE DUMAS OG company
12.1 General responsibility
GALERIE DUMAS OG cannot be held responsible for:
– the quality of the Website, the services being offered “as is”;
– the disruption of the use of the services;
– the impossibility of using the services;
– breaches of computer security, which may cause damage to Users’ computer equipment and data.
12.2 Responsibility for the information on the Website
GALERIE DUMAS OG makes every effort to provide up-to-date informations on its Website.
All informations brought to the attention of persons accessing the Website has been selected at a given date.
Each product is presented on the Website in the form of a description of its main technical characteristics. The photographs are as accurate as possible but are not binding on GALERIE DUMAS OG.
12.3 Responsibility for technological tools
Given the nature and complexity of the technologies used, each Party recognizes that the Website cannot be free from anomalies, failures, interruptions and unavailability.
In the event of a malfunction or incident of any nature whatsoever when using the Website, the User must immediately inform the GALERIE DUMAS OG company.
GALERIE DUMAS OG cannot be held responsible for any error or omission. Any update, new service or new characteristic which improves or increases one or several existing information contents will be subject to the present Terms.
The equipment (in particular computer, telephone, software, electronic communication means) allowing the access and the use of the Website are at the exclusive charge of Users, as well as the electronic communication costs (in particular telephone costs, Internet access costs) resulting from their use.
13 Responsibilities of the User
The User acknowledges that he/she uses the Website at his/her own risk and that he/she must carry out any necessary and/or useful verification before any use under his/her exclusive responsibility.
Only persons of legal age, over 18 (eighteen) years old, may access the Website.
Within the framework of these Terms, the User has been informed that he/she must ensure:
– compliance with the required technical recommendations;
– that he/she has the necessary skills and sufficient information for optimal use of the Website.
The User remains fully and exclusively responsible for the use of the information obtained on the Website.
In general, each User undertakes to use the Website :
– in compliance with the laws, regulations and rights of third parties;
– in a loyal manner and in accordance with its purpose, in compliance with these Terms and the Regulations.
14 Intellectual property
14.1 Intellectual property of the GALERIE DUMAS OG company
The content of the Website, the general structure as well as the software, texts, images, animated or not, photographs, its know-how and all the other elements composing the Website are the exclusive property of the GALERIE DUMAS OG company or of third parties who have granted it a licence.
All the elements and the Website itself are protected by copyright, trademark law, drawings and models and/or all other intellectual property rights.
The name and brand GALERIE DUMAS OG, the logos, the drawings and models, stylised letters, figurative marks, and all the signs represented on the Website are and will remain the exclusive property of the GALERIE DUMAS OG company.
No title or right whatsoever on any element or software will be obtained by downloading or copying elements of this Website. It is formally forbidden to the User to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and to the elements and software which they contain, nor to modify them or carry out any work using them as a basis, nor to sell or participate in any sale in relation to this Website, the elements of this Website or any software relating to it.
In particular, the User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Website, or the computer codes of the elements making up the Website.
The present Terms do not imply any transfer of any kind of intellectual property right on the elements belonging to the GALERIE DUMAS OG company or its rightful owners such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.
GALERIE DUMAS OG grants the User a non-exclusive licence to use the Website. This licence is strictly personal and cannot in any case be assigned or transferred to any third party whatsoever. The licence is granted for the duration of the use of the Website.
Any reproduction and/or representation, in whole or in part, of one of these rights, without the express authorisation of the GALERIE DUMAS OG company, is prohibited and would constitute an infringement liable to engage the civil and criminal liability of the infringer.
Consequently, the User is forbidden to take any action or to do anything which may directly or indirectly infringe the intellectual property rights of the GALERIE DUMAS OG company.
The same applies to the databases appearing, if any, on the Website, which are protected by the various laws applicable to intellectual property in Austria. Any extraction or reuse, in whole or in part, of the said databases and their content is therefore prohibited without the prior express authorisation of the GALERIE DUMAS OG company.
The distinctive signs of GALERIE DUMAS OG company and its partners, such as domain names, brands, names and logos appearing on the Website are protected by the various laws applicable to intellectual property in Austria. Any total or partial reproduction of these distinctive signs made from elements of the Website without the express authorisation of GALERIE DUMAS OG company is therefore prohibited, within the meaning of the various laws applicable to intellectual property in Austria.
Only a use in conformity with the destination of this Website is authorized.
Any other use, not expressly authorised in writing and in advance by the GALERIE DUMAS OG company, is prohibited and constitutes an infringement.
14.2 Third party intellectual property
Elements belonging to third parties, such as film extracts, brands, logos, images, texts, sounds, without this list being exhaustive, are the exclusive property of its author and are protected as such by copyright, trademark law or any other right recognised by the laws in force.
The User agrees not to infringe, directly or indirectly, the property rights of third parties, whose content is present on the Website and agrees not to exploit these elements in any way whatsoever.
The User undertakes to respect all the rights of third parties whose content is present on the Website.
15 Tolerance
The User agrees that the fact that GALERIE DUMAS OG tolerates a situation does not have the effect of granting the User acquired rights.
Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.
16 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.
17 Nullity
If one or more of the stipulations of these Terms are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
18 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.
19 Litigation
The GALERIE DUMAS OG company declines all responsibility in the event of a dispute, for whatever reason, between Users and the brands, not directly attributable to the GALERIE DUMAS OG company.
Given the global dimension of the Internet network, we inform you that you must comply with all the rules applicable in the country in which you reside.
These Terms of the Website are governed by Austrian law.
In the event of a dispute relating to the interpretation, validity and consequences of the present Terms, and in the absence of a prior amicable solution, the court of the registered office of the GALERIE DUMAS OG company is competent. If the User is a consumer within the meaning of the law on consumer protection, the competent court is the court of the place of residence, the usual residence or the place of work of the User.
This shall apply to both substantive and formal rules, irrespective of the place of performance of substantial or ancillary obligations.
20 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 or to ask any question concerning the Terms, the Privacy Policy and/or the Website.
