Shopping conditions [Kubikum]

General Terms and Conditions/Terms of Use of the Kubikum Portal

The Intermediary operates the www.kubikum.com Website and allows the Provider to register and sell by direct sale or auction works of art through this Website. The Intermediary has a contractual relationship with a specific Provider with precise terms and conditions for the mediation of the sale, in which the Provider accepts the sale through the Website. Payment operations for the purpose of payment of the price of the goods are conducted directly between the Client and the Provider.

Article I
Definition of basic terms

Intermediary is the company CENTRAL ART REGISTER, s.r.o., Hálkova 2968/22, 010 01 Žilina, Business ID No.: 45 568 260, registered in the Commercial Register of the District Court of Žilina in Sec. Sro., Insert No.: the Intermediary facilitates the registration and sale of artworks by the Provider to the Client on the Website.
Website is the website of the Intermediary www.kubikum.com.
Client is the person who orders and purchases goods on the Website.
Provider is the person who displays and sells the Works on the Website.
Exhibiting artist is a person who creates a gallery of registered artworks on the Website, ie, it is a provider who exhibits but does not sell his/her works on the Portal.
For the purposes of these GTC, the User of online products and online services of the Intermediary is understood as natural or legal persons who use or purchase online products and online services provided by the Provider and the Intermediary on the basis of a contractual relationship and these GTC. In order to use the online product and/or online service, user registration is required, except for online browsing of the portal, the technical nature of which does not require such registration.
User means each Client, Provider, Exhibiting Artist, and User.
Age is the threshold at which a person can register and transact business in the Kubikum portal. Only a person aged 15 years or older may register, provided that only a person aged 18 years or older may conclude a transaction.
Offer is an offer of sale published on the Website. The Offer contains in particular the identification data of the Provider, a photograph and description of the goods and the price.
Contract is a purchase contract concluded between the Provider and the Client through the Website for the purchase of goods from the Provider.
GTC are these General Terms and Conditions of the Intermediary for the provision of services through the Website, which govern the rights, obligations and responsibilities of the Intermediary, the Client and the Provider in the provision and use of the Intermediary's services, whereby the GTC are published and available in electronic form on the Website. By using the Portal, the users (ie, Client, Provider, Exhibiting Artist, and User) agree to these GTC.
Register is the Kubikum portal registry that provides and makes available the sales history of a registered work of art to the author of the work.
Registered work of art is an original work of art that the author registers in the Kubikum portal for the purpose of tracking sales history, ie, the Client is obliged to notify the author of the work of art of the next sale.
Active account is an account activated after registration with an activation link (from an email). This account can be used to purchase works and/or register works. It can be viewed on the portal.
Art Account is an active account with at least one registered Artwork. Such an account can be traced using Kubikum's filters and its owner becomes the Provider/Exhibiting Artist.

Article II
Registration

The User registers directly on the portal's website kubikum.com in the "Register" section.
After clicking on the "Register" button, the user will be presented with a registration form in which he/she is obliged to fill in the mandatory fields marked with a red asterisk.
The User who registers as a Client in accordance with these GTC is also obliged to indicate "I am not an artist" so that the system can distinguish whether the User is a Client or, on the contrary, a Provider/Exhibiting Artist who, by registering, will also benefit from the advantages of the Registry, in particular the registration of his/her works of art.
At the end of the registration, the User confirms the entered data by clicking "Register", whereupon the system will send him/her an activation link to the email address specified in the registration. By confirming the activation link, the Registration is complete, and the User's account is active.
The registration of the Provider/Exhibiting Artist is directly related to the Kubikum Service Price List, which forms an integral part of these GTC and is available on the portal's website kubikum.com .
The Provider/Exhibiting Artist also selects the program from the Kubikum Service Price List that he/she wishes to use within his/her artist account when registering. In addition to the activation link, the system sends a pre-invoice to the Provider/Exhibiting Artist's e-mail, which the Provider/Exhibiting Artist pays and after payment the selected package is activated by the system. A billing invoice is then sent to the Provider/Exhibiting Artist.
An active account can be used to purchase works and/or register works. It can be viewed on the portal.

Article III
Purchase on the Website

The Client purchases registered artwork from the Provider on the Website. The Intermediary is not a party to the contractual relations established by the Contracts concluded between the Clients and the Providers, it is not a seller or supplier of goods.
The order of goods and their subsequent purchase is made only through the Website, in the steps, methods and sequence set out therein, depending on the payment method chosen by the Client.
The offer of goods from individual Providers and the agreement of sale of each product takes place only on the Website. Clients place the selected goods in the Cart. It is possible to have goods from multiple providers in your cart at the same time. In the order process, the goods are divided by Provider and the Client chooses the method of transport and payment for each Provider separately.
The Client acknowledges that each Provider provides different methods of transport of goods, has different payment terms, different amounts of shipping and handling fees depending on the method of transport or size of the goods. These charges are disclosed for each item as well as in the order summary. The Client acknowledges that when ordering goods from more than one provider, these fees are added together.
Contractual relations between the Client and the Provider are primarily governed by the Provider's General Terms and Conditions , which the Client agrees to at the time of ordering.
PAYMENT

All prices on the Site are exclusive of postal fees and at the full final price to the Client.
The Client may use the following payment options depending on the Provider's offer:
- DELIVERY (payment on receipt of goods from courier or post office)
- PAYMENT VIA BANK TRANSFER
- PAYMENT IN CASH (valid for personal pick-up only)

SHIPPING
- The Client may use the following transport options depending on the Provider's offer:
  - SLOVAK POST OFFICE
  - COURIER - the specific courier service is chosen by the Provider
  - PERSONAL PICK-UP - goods can be picked up at the address indicated in the order process
- The Client acknowledges that each Provider has indicated the availability and delivery time for each of the goods.
The order is confirmed automatically at the moment of its sending by the Client. The Provider can manually change the status of the order. The provider also has the option to reject part or all of the order.

Article IV
Conclusion of the Contract

The cumulative fulfillment of the following process is deemed to constitute the actual conclusion of the Contract : the sending of the Order by the Client and the subsequent automatic or manual confirmation of the complete Order by the Provider. If the Provider confirms the Order only partially, the moment of Contract Conclusion is the subsequent final confirmation of the partial Order by the Client by its payment (agreement that the Order will not be completed).
The Contract, ie, the contractual relationship between the Provider and the Client, lasts for the duration of the rights and obligations of the Provider and the Client arising from it. The obligations of the Provider and the Client under the Contract terminate upon their fulfillment or in other ways according to the applicable law or the terms and conditions of the respective Providers.
The Client agrees to enter into the Contract using remote means of communication. The Client also acknowledges that the costs incurred when using remote means of communication in connection with the conclusion of the Contract, such as the costs of Internet connection, the costs of telephone calls, or sending SMS messages, downloading electronic applications, etc., are borne by the Client, according to the agreed terms and conditions with the suppliers of these services to the Client. Further information regarding the Contract between the Client and the Provider is contained in the terms and conditions of each Provider published on the Website, which the Client is obliged to become properly acquainted with before placing an order and by placing an order,
Tax documents in relation to the purchase of goods are issued by the Provider as their seller. Together with the tax documents, the Provider provides to the Client the relevant documents related to the artwork (eg, instruction manual, description of the artwork, author's confirmation of the originality of the artwork, etc.).
If the Client acts as a taxable person when purchasing goods, ie, purchases for business purposes, he/she is entitled to receive a tax document from the Provider. The Client is obliged to notify the Provider of this fact immediately after the purchase of the goods. In the notification following the preceding sentence, the Client provides his/her billing information (business name, business registration number, Business ID, VAT registration number, place of business), order number and date of payment. The Provider is not legally obliged to issue tax documents within the meaning of the VAT Act (222/2004 Coll.) to natural persons - non-entrepreneurs.

Article V
Specifics of buying via auction

Buying on the Website by auction is a specific method of selling goods on the Website, which is covered by Articles III and IV of these GTC, unless otherwise stated herein.
Goods sold by auction usually do not have a set final price, but only a starting price, a current price, and a minimum bid. Goods sold by auction may also have a "Buy Now" price. The starting price is the price that is set at the beginning of the auction, ie, the minimum price of the goods. The current price is the price that represents the sum of the starting price and all bids of the Users of the Website. The minimum bid represents the amount by which the User must increase the minimum bid/auction price in order to participate in the auction, and the User may participate in the auction repeatedly by bidding again. The "Buy Now" price is the final price, and the sale through the "Buy Now" price is governed in its entirety by Articles III and IV of these GTC.
Each auction usually has a set start and end time (known as a fixed end time), which are marked with the day, hour, minute and second of the start and end of the auction. The earliest you can participate in the auction is the expiration of the auction start date and the latest the auction end date (ie, during the auction period). This is not the case for the so-called "variable" end of the auction, the specifics of which are set out in the following section.
Some auctions may have a "variable" auction end date, which combines an exact, so-called "fixed" auction end date with a bid time interval. This means that the auction will end at the earliest on the expiry of the fixed end date of the auction according to point 4. herein, but not before the expiry of the fixed time interval from the last bidding, which is known in advance, ie , for example, if the fixed time interval is 1 minute, the auction time will be extended by 1 minute from the last bidding each time the fixed time interval is over. The total duration of the auction in this case is not limited and will only be over if no bidding occurs during the specified time interval.
Users (Clients) participate in the auction by bidding the minimum amount, or any amount higher than the minimum amount, on top of the starting/current price.
The Purchase Contract will be concluded with the successful User (Client), ie, with the one who makes the last bid during the auction period. The Purchase Contract is concluded at the end of the auction. The final (purchase) price of the goods is the current price displayed at the end of the auction.
The successful User (Client) is obliged to pay the Purchase Price according to the Provider's terms and conditions, but no later than within thirty (30) days in case of payment on delivery, or within five (5) working days in case of other forms of payment, from the conclusion of the Purchase Contract. If the successful User (Client) fails to comply with this obligation, it is a material breach of the Purchase Contract, which results in the Provider's withdrawal from the Purchase Contract. The goods will then be offered to the unsuccessful Users (Clients) in order of the current price after their bidding, in ascending order, while each User (Client) will be contacted only once, ie, their lower bids will no longer be considered. The purchase price will be the highest current price after the last bid of the contacted User (Client). Contact information of other Users (Clients) under this clause will be communicated by the Intermediary to the Provider upon request. The successful User (Client) is liable for damages incurred by the Provider in the form of a contractual penalty, which will be calculated as the difference between the final price of the goods (purchase price according to point 8 herein) and the price at which the Provider sells the goods according to this point.
Other terms and conditions regarding payment and delivery of the auctioned goods are governed by Articles III and IV of these GTC.

Article VI
Responsibilities of the Intermediary and the Provider/Exhibiting Artist

The Provider as supplier of goods and the Exhibiting Artist*[1] are responsible for:

registered content on their account, ie, content that does not violate these GTC, applicable law, are humane, not derogatory, or defamatory,*
copyright infringement and also for any damages that the Intermediary may incur in connection with copyright infringement by the Provider or the Exhibiting Artist,*
compliance of the Provider's General Terms and Conditions with applicable legislation,
the quality and scope of delivery,
dispatch within the agreed time limit,
compliance with the legally binding conditions related to the authorization to sell goods,
the truthfulness, authenticity, and faithful representation of the offer, including the price of the goods and the price of postal services,
the availability of the displayed goods,
possible copyright and proprietary rights infringement,*
the receipt and handling of a complaint, for repair and compensation for damage, for the replacement of goods or refund of money in accordance with the Provider's GTC,
the performance of all rights of the Client arising from applicable legislation,
activating your account and publishing at least one work,*
the quality of the published photos.*

Neither the Provider nor the Intermediary are liable for:

delayed delivery of goods caused by the carrier (post office, courier),
damage caused by the carrier (post office, courier) - do not accept visibly damaged goods (damaged package packaging, etc.)!
delayed delivery or damages incurred by the Client due to incorrect address, telephone number or email provided by the Client.

The Intermediary undertakes that:

the changes to the provision of products and services and the GTC and the effective date of the current version of the GTC will be notified to the registered Provider electronically by publishing them or via an e-mail message delivered to the known electronic address of the user (registered provider),
if the Provider does not expressly express its disagreement with such changes within fourteen (14) days from the date of publication of the notice of changes in the provision of online products and services and the GTC, the changes will be deemed to have been agreed by the User and will be effective against the User on the effective date of the change,
the Provider has the right to terminate the contractual relationship with the Intermediary in writing, by registered letter or email, within fourteen (14) days from the date of notification of changes to the products and services provided or the GTC. In this case, the contract will terminate upon delivery of a written notice to the address of the Intermediary. In the case of delivery by email, the Intermediary is obliged to inform the Provider of the delivery of this email - the contract expires at the moment of email delivery to the Intermediary,
the User can deactivate his account directly on the portal via the "Cancel Account" option. Deactivation of the account has the same effect on the User and the Intermediary as in the case of delivery of a written notice of termination of the contractual relationship, ie, the contract expires at the moment of account deactivation,
the Intermediary has the right to limit, interrupt or stop the provision of Internet products and services for reasons of necessary administration, maintenance and/or repair, without prior notice to the User or his/her consent, for the time necessary to conduct the necessary administration, maintenance and/or repair.

The Intermediary is not liable for the matters referred to in Clause 1 herein, which the Client acknowledges. The Intermediary is responsible for the administration of the Website, for the display of texts and photographs on the Website, for the proper functioning of the purchase, commission, and billing system. The intermediary reserves the right to modify the display in the "Artists" and "Works" section.
Any conflicts arising in the process of sale and distribution of goods will be resolved by the Client directly with the Provider and at the Provider's expense.
The Intermediary is not responsible for the uninterrupted operation of the www.kubikum.com website and reserves the right to unannounced and announced outages due to technical maintenance of the system. The Intermediary is not liable for any damages caused to the User due to the non-functionality or termination of the website.

Article VII
Conditions of complaint

In the event that the Client does not receive the summary of the Order or the summary of the Order contains different goods (via email) than the goods specified in the Offer, the Client is entitled to complain about the defects to the Intermediary, either by email to the address: info@kubikum.com or in writing to the address of the Intermediary's registered office.
In case of defects in the goods delivered by the Provider, the Client must claim these defects directly with the Provider who delivered the goods to the Client.
The Provider will proceed with the complaint according to its complaint conditions contained in the Provider's GTC.

Article VIII
Withdrawal from the Contract

The Client has the right to withdraw from the Purchase Contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after:

the conclusion of the Contract in the case of a contract for services or a contract for the provision of electronic content not delivered on a physical storage medium,
when the Client or a third party designated by the Client, excluding the carrier, receives the delivered goods, in the case of a purchase contract,
when the Client or a third party designated by the Client, excluding the carrier, receives the last delivered goods, if the goods ordered in one order are delivered separately,
when the Client or a third party designated by the Client, other than the carrier, receives the delivery of the last part or piece if the goods are delivered in multiple parts or pieces,
when the Client or a third party designated by the Client, other than the carrier, receives the delivery of the first delivered goods if the goods are delivered repeatedly over a specified period.

The following items are excluded from the possibility of withdrawal upon delivery:

sale of artwork made to the Client's specific requirements, custom-made artwork or goods designed specifically for one Client.

When exercising the right of withdrawal, the Client will inform the Provider of his/her decision to withdraw from this Contract by an unequivocal statement (eg, a letter sent by post, fax, or email) to the Provider's address. The Client may complete and send the sample withdrawal form or any other unambiguous statement of withdrawal.

Article IX
Terms of purchase and sale

The Provider acts as an independent vendor on the Website and is solely responsible for the items pursuant to Article VI, paragraph 1.
The Provider may sell registered works of art on the Website .
The offered artwork must always be authentically depicted in the attached photograph, with a specific price and defined characteristics.
Works of art offered on the Website may be assembled from purchased components or parts, but the authorial intervention of such assembly must be substantial in relation to the scope of the product.
The Provider undertakes to place the goods in the correct category.
It is forbidden to offer goods:

Without major authorial intervention,
Duplicate goods,
Goods that violate copyright law, especially copies, reproductions of well-known works, or goods that have not settled all copyrights,
Goods that violate ethical and moral principles, ie, products, photographs and texts that are offensive, promote violence, promote war, incite hatred based on race, gender, language, belief, religion, or are vulgar, misleading, deceptive, immoral, inappropriate , or extremist in any sense of the word.

It is forbidden to provide false, unsubstantiated, incomplete, inaccurate, unclear, or ambiguous information and to conceal information about the characteristics of the artwork or the purchase conditions.
The Provider is fully liable for copyright infringement and also for any damages incurred by the Intermediary in connection with copyright infringement by the Provider.
The Provider may not tie the sale of a product to the sale of another product.
The Provider is obliged to inform about the characteristics of the product truthfully and fully. The information that the Provider must provide includes:

a full description of the risk posed by the product,
all information relevant to the use of the artwork,
the measures to be taken to prevent any risk to the Client when using the Product,
the manner of use and maintenance of the artwork, the dangers arising from its improper use or maintenance, the conditions of preservation and storage of the product (in the case of an artwork that contains special or otherwise specific material that must be managed differently than normal or whose utility is limited, the Client must be informed of this fact).

The Intermediary reserves the right to remove goods that are in violation of the above provisions. In the event of repeated violations of these terms and conditions, the Intermediary reserves the right to deactivate the Provider's account and to prevent re-registration.
The Provider is obliged to truthfully inform the Buyer about the price of individual products and the price and method of transport and packaging.
If the Provider is a VAT payer, it is obliged to indicate prices including VAT and to notify the Clients of this fact.
The Provider is obliged to properly inform the Client about the conditions and method of claim, including information on where the claim can be filed and on the performance of warranty repairs.
The provider is obliged to act in accordance with Act No. 250/2007 Coll. on Consumer Protection and related acts.
The Intermediary has the right to use all information and photographs of the Provider's artwork for the purpose of promoting the Website through third parties.
The Intermediary has the right to provide the Provider's contact details to the Client for the purpose of operating the Website.
Termination of the contract means blocking access to the account and withdrawing its offer from the Website.
Termination of the contractual relationship is possible by both parties without giving any reason. The Provider is obliged to deliver a notice of termination to the Intermediary (electronically or by post) in the event of termination of the contractual relationship on its own initiative. In the event of termination of the contractual relationship, the offer of goods on the Website can be deactivated by the Provider itself or, upon receipt of an official notice from the Provider, the deactivation can be conducted by the Intermediary. Upon termination, the Provider has no right to retain the information shared on the Site for the duration of the contractual relationship.
COMMISSION
- For the provision of presentation space and services related to implementation and promotion, the Intermediary offers to the Provider flat-rate packages KUBIKUM XS, S, M, L, XL, XXL, SILVER and GOLD and claims a sales commission in the amount of the valid price list, which is an integral part of Appendix No. 1 of these GTC / Rules for the use of the Kubikum portal (the Intermediary reserves the right to update Annex 1, of which it shall inform the Provider immediately), without post service and packing charges.
- The Provider acknowledges that the price of each product it presents on the Website is the full price, which will be reduced for it by the Commission claimed by the Intermediary for arranging the trade.
- The claiming of the Commission from this price for the mediation of trade always occurs at the moment of order confirmation between the Provider and the Client.
- Clients shop at kubikum.com for full prices and pay these prices to the Provider by one of the chosen payment methods.
- Commissions are invoiced to the Provider individually for each order created by the Client. The invoice is sent to the Provider electronically to the email address provided during registration. The invoice is always due fourteen (14) days after it is issued.
- In the event of non-compliance with the invoice due date or in the event of non-payment of the invoice, the Intermediary has the right to cancel the contractual cooperation with the Provider, which was established on the basis of the agreement of these GTC / Rules for the use of the Kubikum portal.
- In case of cancellation of the Order or in case of a dispute with the Client, the Provider has the possibility to ask the Intermediary to investigate the course of the transaction. The Intermediary may, after reviewing the course of communication of the transaction between the Provider and the Client, grant a refund of the commission . Refund of commission is not legally enforceable. If the refund of commission has been awarded before the commission has been invoiced, the commission will not be invoiced. In the case of a refund of commission only after invoicing, this refund will always be made only in the context of the next invoicing in the form of a deduction from the invoice.

Article X
Data protection and consent to the processing of personal data

The User provides personal data to the Intermediary as an operator freely and voluntarily, in accordance with Act No. 18/2018 Z.z. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended (the "Personal Data Protection Act"). The Intermediary is entitled to process the User's personal data in the following scope: name and surname, email, telephone number, place of residence, for the purpose of operating the Website and for the purpose of providing this data to the Provider. In the event that some of the personal data provided is not necessary to achieve the purpose of processing, the User declares that he/she has been informed of this fact and agrees to the processing of this data.
The Client agrees that the Intermediary shall provide and make available the Client's personal data in the following scope: name and surname, telephone number, address, to Providers from whom the Client purchases goods, for the purpose of providing performance under the Contract, as well as for the Provider's marketing and advertising purposes. The Processor has informed the Client that without his/her consent to the provision of personal data pursuant to the preceding sentence, it is not possible to provide the Performance under the Contract.
The Client agrees to receive information and news from the Intermediary and the Provider related to the services of the Intermediary or the Provider to the Client's address.
The Client's consent pursuant to clauses 1 and 3 of this Article is valid until the Client withdraws such consent. Consent may be withdrawn in writing or by email.
The Intermediary is not responsible for the content or privacy policies, or practices of members and websites hosted through the Intermediary's services.
For further information on the processing and protection of personal data, please see the Privacy Policy.

Article XI
Alternative dispute resolution

If the Buyer is not satisfied with the handling of the order or the goods delivered or believes that his/her rights have been violated, he/she may file a petition for alternative dispute resolution.
The Buyer may submit a proposal for the initiation of an alternative dispute resolution pursuant to Act No. 391/2015 Z.z. before the competent inspectorate of the Slovak Trade Inspection or before a legal entity that is registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic.
The proposal cannot be filed by a Buyer who, in concluding and performing the Contract, acts within the scope of his/her business, employment or profession or in a dispute whose value does not exceed € 20.00.
Disputes can also be resolved through mediation. In order to arrange mediation, it is also possible to directly contact the mediator JUDr. PhDr. Marek Prudovič through the website https://mediator.prudovic.sk/, with whom the Intermediary cooperates and who has the capacity to mediate such disputes.

Article XII
Common and final provisions

The Intermediary publishes the Terms and Conditions/Terms of Use of the Kubikum Portal on the Website.
Contractual relations between the Intermediary and the Client not further regulated in the GTC are governed by the law of the Slovak Republic.
Contractual relations between the Client and the Provider not further regulated in these GTC shall be governed by the Provider's General Terms and Conditions and the legal order of the Slovak Republic, in particular Act No. 40/1964 Coll. (the Civil Code) as amended, Act No. 513/1991 Coll. (the Commercial Code) as amended, Act No. 102/2014 Coll. (on Consumer Protection in Relation to Door-to-door Selling and Mail-order Sales) as amended.
These GTC / Rules of Use of the Kubikum portal come into force and effect on 15 April 2022.

Annex No. 1

Price list of portal services www.kubikum.com

[1] * shows the points for which both the Provider and the Exhibiting Artist are responsible.