GENERAL TERMS AND CONDITIONS (GTC) COUCHGALLERY

GENERAL

Dr. Frederik Lehner is a sole proprietorship and runs the Couchgallery, which runs the website www.couchgallery.at. The COUCHGALLERY provides services in accordance with the following general terms and conditions, hereinafter GTC, which can be updated regularly and without prior notice. These terms of use represent a binding agreement between COUCHGALLERY and the customer / user – hereinafter referred to as the user. COUCHGALLERY operates an online shop at www.couchgallery.at, through which new and used art objects (paintings, graphics, sculptures & photography) can be ordered and bought. The items offered are consignment goods from commercial and private consignors, which are sold by COUCHGALLERY as the seller in its own name and for the account of the owner. COUCHGALLERY acts as an intermediary between the seller and the buyer. Present terms and conditions can be called up and saved in PDF format. By using and / or visiting the website, the user agrees to both the terms and conditions and data protection („data protection guidelines“), which are available at www.couchgallery.at. When registering on the COUCHGALLERY website, the user is requested to accept all conditions and data protection guidelines. The user is only entitled to use the website if he / she has given his / her consent to comply with all applicable laws and the terms and conditions of COUCHGALLERY.

WEBSITE ACCESS

In order to be able to access functions of the website, the user must create an account. When creating this user account, you must provide accurate and complete information. The user is solely responsible for all activities that are carried out on his / her account. By registering on the website, the user declares that he / she is of legal age in order to conclude a binding contract and is not a person who is excluded from the law by using the website. He / she agrees to provide truthful, accurate, current and complete information about himself / herself in all required fields on the registration form. The password of the user account can be changed at any time. If the data of the user changes, he / she agrees to promptly update the information provided during registration. If COUCHGALLERY suspects that the user’s registration data is incomplete, incorrect or violates the terms of use, COUCHGALLERY reserves the right to terminate or block the relevant account. The user also agrees not to use a digital, technical or automated system when using the COUCHGALLERY website. The user undertakes not to collect or use any personally identifiable information such as account names, email addresses or other user input from the website.

THE WEBSITE

The website may contain links to third-party websites that are not operated by COUCHGALLERY. By using www.couchgallery.at, the user expressly releases COUCHGALLERY from any liability that may arise from his / her use of third party websites.

NEWSLETTER

By agreeing to the terms and conditions, the user declares his / her consent to receive newsletters with offers and special offers from COUCHGALLERY. You can unsubscribe from the newsletter at any time by sending an email to wien@galerielehner.at.

BUY AT COUCHGALLERY

The terms and conditions apply to orders that the user places via COUCHGALLERY or contracts that he / she concludes with COUCHGALLERY. By ordering from COUCHGALLERY, the user recognizes the terms and conditions as legally binding, which apply regardless of whether the customer is a consumer or an entrepreneur,

apart from the right of withdrawal. It should be noted that the digital images may vary in color depending on the screen setting of the user. All works of art and objects, their condition and attribution, are carefully checked. The texts in the COUCHGALLERY with regard to description, evaluation, purpose and condition are determined with the necessary care and diligence with the help of our own or commissioned experts. If incorrect information, errors or intentional misinformation about the condition, authenticity, origin, etc. of an object are given by the seller in the offer, the seller will be blocked by COUCHGALLERY. However, COUCHGALLERY does not guarantee the accuracy of the information.

In the case of works of art, especially pictures, objects and antique items, only those errors and damage are listed that significantly impair the artistic value. Traces of use are not listed if it is not a newly produced art object. The absence of such a notice does not mean that an item is in perfect condition. The above exclusion of liability for material defects in favor of COUCHGALLERY does not apply in cases in which the item can be proven to be a forgery. The buyer is responsible for proving the inauthenticity. If such a warranty case occurs, the purchase can be canceled within six months. Conversion is excluded if the item is not returned in the same condition in which it was when it was sent by COUCHGALLERY.

SELLING AT COUCHGALLERY

COUCHGALLERY offers the opportunity to offer and sell works on the online platform. Registration is mandatory for this service. More detailed information on how these services can be used without any problems can be found on the start page in the menu bar under „Sell“. In order to offer art objects at COUCHGALLERY, information such as digital photos, dimensions, condition, title of the work, etc. and origin are required. Apart from non-impairing signs of use, COUCHGALLERY only accepts objects that are subject to high-quality criteria, are undamaged and meet all requirements for a successful sale. All information provided by the user is treated as strictly confidential.

After checking all the necessary criteria and requirements, the user is informed whether objects offered by COUCHGALLERY will be accepted for sale. If COUCHGALLERY decides to offer the work (s), the user is requested to send his / her written consent to the agreed conditions to COUCHGALLERY in order to have the contractual relationship between him / her and COUCHGALLERY valid.

The user is solely responsible for the condition of his / her brought objects and, if necessary, for copyrights and photo rights and also guarantees availability for the duration of the agreement. If the user has sold a work after the conclusion of the contract during the ongoing contractual relationship with COUCHGALLERY or if it is no longer available to COUCHGALLERY, there is a breach of contract through which COUCHGALLERY is damaged, since the recording, processing and placement of the works as well the transaction made by a buyer is costly and time-consuming. COUCHGALLERY reserves the right to assert the damage caused by the user and to block his / her account for both sales and purchases.

Commission

For every object sold, COUCHGALLERY retains 29% of the net sales proceeds.

The net sales 71% will be transferred to the user within 21 working days.

The commission does not affect any resale right and sales tax that may apply, provided the objects are subject to normal taxation.

ORDER AND DELIVERY

Orders and deliveries are made worldwide. However, COUCHGALLERY reserves the right to exclude buyers from those countries to which objects of whatever type are not allowed to be exported. The presentation of the products at COUCHGALLERY does not represent a legally binding offer, but a non-binding online catalog, subject to availability. Please note that the goods offered by COUCHGALLERY may no longer be available at the time you visit the website.

By placing an order, the user makes a binding purchase for the goods in the shopping cart. Immediately after submitting the order, the user receives an automatically generated confirmation, subject to availability. If the user has ordered goods that were no longer available at the time of the order and has already paid for them, the invoice amount will be refunded within 14 days, without deduction. The ordered goods are dispatched after receipt of payment. COUCHGALLERY endeavors to send the ordered goods to the user as quickly as possible. Unless otherwise stated, the regular delivery time within the European Union is 5 – 10 working days, but not longer than 30 days from the conclusion of the contract.

PRICES AND CURRENCIES

All prices quoted are the sales prices including all taxes, exclusive delivery charges or extra orders such as frames, passe-partouts, glass etc. The prices include the statutory sales tax, which can be normal or differential taxation. All prices are given in euros and are carefully checked by COUCHGALLERY, subject to possible errors.

PAYMENTS

COUCHGALLERY is based in Austria and accepts payments in euros. You can choose between the following payment methods at COUCHGALLERY:

• Mastercard
• Visa
• Maestro
• Instant bank transfer
• Paypal
• Payment after invoice by bank transfer

SHIPPING METHOD AND SHIPPING COSTS

COUCHGALLERY sends orders only insured and by parcel delivery service or forwarding agency with the shipping partners Post AG, courier service (DHL, Mailbox, Fedex) and forwarding agent. The shipping costs specified when ordering include transport, packaging and insurance. The shipping costs that COUCHGALLERY bills when purchasing can be viewed in advance after registering / logging in to the transport cost calculator.

For goods orders with large dimensions or heavy weight, the delivery is carried out by a qualified shipping company. The buyer will be informed of the resulting costs in the course of his order. In the event of damage, the liquidation will be carried out by COUCHGALLERY.

RESERVATION OF TITLE

The goods will only be handed over to the buyer after full payment has been made. The goods remain the property of the client or COUCHGALLERY until they have been paid for in full.

RIGHT OF WITHDRAWAL

Consumers have the right to revoke a valid contract within 14 days without giving a reason. The cancellation period begins on the day on which the buyer or a third party commissioned by the buyer has taken possession of the goods by the transport company / deliverer. In order to be able to make use of the right of withdrawal, the buyer is obliged

COUCHGALLERY KG

Geteidemarkt 1/8

A-1060 Vienna

Austria

Mail: support@couchgallery.at

by e-mail or by registered mail in order to inform COUCHGALLERY of the decision to withdraw from the contract. This request for withdrawal must be expressly designated as such and contain the invoice number, item number and artist name / object title of the purchased work. The goods are in the condition in which they were handed over by COUCHGALLERY for dispatch, unused and in the original packaging, to be returned within 14 days of receipt. All frames, passe-partouts, glass, assemblies, etc. ordered by the buyer are custom-made and non-refundable. COUCHGALLERY is not liable for damage to goods that have arisen after receipt of the delivery and cannot accept returns of goods that have been damaged after dispatch. Sending a damage report including photo documentation to COUCHGALLERY is mandatory. Returns are processed by COUCHGALLERY within 30 days of receipt. The return can be made by post or by the commissioned carrier, including insurance coverage. In the event of a return, all risks such as damage, loss or theft are borne by the sender / buyer.

WARRANTY

In the event of material defects and defects of title in new goods delivered, COUCHGALLERY is liable in accordance with the applicable statutory provisions of the General Civil Code (ABGB).

If the customer / buyer is a consumer, warranty rights for used goods, in deviation from the general two-year warranty period, expire within one year.

If the customer / buyer is not a consumer, the warranty period, in deviation from the general warranty period, is one year for new goods and six months for used goods, from the time of transfer of risk.

PLACE OF PERFORMANCE FOR SALES WITH TRADERS AND ENTREPRENEURS

For contracts with entrepreneurs and commercial customers, the place of performance is the COUCHGALLERY headquarters.

IMAGE AND TRADEMARK RIGHTS

All image, copyright and trademark rights for the website’s own content (e.g. graphics, sounds, texts, databases, moving images, etc.) are held by the Couchgallery or our business partners. Duplication and distribution of this content and / or use of the brands and other content without the express consent of COUCHGALLERY is not permitted.

FEE OVERVIEW

To buy

In general, the sales price of all articles in the online shop is the final price including all taxes. COUCHGALLERY calculates the transport costs including insurance, which are visible to the buyer on the basis of the total price. Special formats or extreme weight are calculated separately and communicated to the buyer.

Payment

Unless otherwise agreed, payments are due within 10 days of purchase. The payment terms can be seen on the invoice.

Late payment fees

In the event of late payment, fees of 8% per year will be charged.

DATA PROTECTION

COUCHGALLERY uses the user’s data to fulfill the contract and strictly in accordance with the statutory provisions. The following data is stored during the ordering process:

First name, last name, email address, street, postal code, city, telephone number and date of birth.

The e-mail address is required to process the order. The telephone number is required to contact the customer / buyer in the event of queries and information about the order as well as in the event of a cancellation by the customer / buyer, if necessary also by the parcel courier service or forwarding agent commissioned by COUCHGALLERY. The date of birth is required to determine the age of majority of the customer / buyer.

You can find detailed information under data protection.