Terms and Conditions

1. Seller Identification

These Terms and Conditions govern all purchases and use of the website www.art11.eu (hereinafter "the Website"), operated by:

GESTA OM s.r.o.
Registered office: Brabcova 1159/2, Praha 4 — Podolí, 140 00, Czech Republic
Gallery address: Michalská 440/11, 11000 Prague 1, Czech Republic
Business register ID (IČO): 26456907
Email: [email protected]
Phone: 00420 777 116 096

The company is registered in the Commercial Register maintained by the Municipal Court in Prague. Hereinafter referred to as "the Seller", "we", "us", or "our".

2. Definitions

  • Buyer / Customer — a natural person (consumer) or legal entity that places an order through the Website or by email.
  • Consumer — a natural person who acts outside the scope of their trade, business, or profession.
  • Artwork — an original work of art offered for sale through the Website.
  • Order — a binding request by the Buyer to purchase an Artwork.
  • Purchase Contract — a contract concluded between the Seller and the Buyer for the sale of an Artwork.

3. General Provisions

These Terms and Conditions apply to all purchases made through the Website and form an integral part of every Purchase Contract. By placing an order, the Buyer confirms that they have read, understood, and agreed to these Terms and Conditions.

These Terms and Conditions are governed by the laws of the Czech Republic, in particular the Czech Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.), as well as applicable EU legislation including the Consumer Rights Directive 2011/83/EU.

4. Contract Formation and Ordering Process

The presentation of Artworks on the Website constitutes an invitation to submit an offer, not a binding offer. A Purchase Contract is concluded only when the Seller confirms the Order by email. The Seller reserves the right to decline any Order, in particular if the Artwork is no longer available, if there is a pricing error, or if the Buyer provides incomplete or incorrect information.

Orders may be placed through the Website or by contacting us directly via email at [email protected]. Upon receiving an Order, we will send an acknowledgement of receipt. This acknowledgement does not constitute acceptance of the Order. The Purchase Contract is formed when we send a separate confirmation of the Order.

Before submitting an Order, the Buyer has the opportunity to review and correct all entered data.

5. Pricing and Payment

All prices displayed on the Website are final and include all applicable taxes and delivery costs.

Payment must be received in full before the Artwork is dispatched. We accept payment by bank transfer and other methods as communicated during the ordering process. The Buyer shall bear any bank fees associated with the payment.

In the event of an obvious pricing error (e.g., a price that is clearly disproportionate to the value of the Artwork), the Seller is not bound by the incorrect price and may cancel the Order with a full refund of any payment already made.

6. Delivery and Shipping

We ship internationally. Delivery timeframes depend on the destination and will be communicated to the Buyer upon confirmation of the Order. Typical delivery takes 5–15 business days for European destinations and up to 30 business days for destinations outside Europe. These timeframes are estimates and not guaranteed.

All Artworks are professionally packaged for safe transit. For details on our packaging process, please visit our Packing & Shipping page. All shipments are tracked and insured.

Risk of damage or loss passes to the Buyer upon delivery of the Artwork. If the Buyer refuses to accept delivery without a valid reason, the Seller may charge the Buyer for the cost of return shipping and repeated delivery.

For international deliveries, the Buyer is responsible for any customs duties, import taxes, or other charges levied by the destination country. These charges are not included in the price of the Artwork or the delivery cost.

7. Right of Withdrawal

The terms of the right of withdrawal for Consumers are set out in our Return & Refund Policy, which forms an integral part of these Terms and Conditions.

In summary: Consumers within the European Union have the right to withdraw from a purchase within 14 calendar days of receiving the Artwork, without giving any reason. The withdrawal right does not apply to Artworks that have been custom-made or commissioned to the Buyer's specific requirements. Full details, including the return procedure, packaging requirements, and the model withdrawal form, are available on the Return & Refund Policy page.

8. Complaint Procedure and Warranty

The Seller is liable for defects in the Artwork that exist at the time of delivery and that appear within 24 months of delivery, in accordance with the Czech Civil Code (Sections 2099–2117).

For defects that appear within the first 12 months of delivery, the defect is presumed to have existed at the time of delivery unless proved otherwise.

To file a complaint, the Buyer must contact us at [email protected] with a description of the defect, photographs, and the order number. We will acknowledge the complaint without undue delay and resolve it within 30 days. If the complaint is not resolved within 30 days, the Buyer has the right to withdraw from the Purchase Contract or request a reasonable discount.

Depending on the nature and severity of the defect, the Buyer may be entitled to:

  • • A reasonable discount from the purchase price
  • • Withdrawal from the Purchase Contract and a full refund

Due to the unique, handmade nature of original artworks, repair of defects is generally not feasible. In practice, the available remedies are a price discount or a full refund upon return of the Artwork.

The Seller is not liable for defects caused by: improper handling or storage by the Buyer, normal wear and tear, damage caused by the Buyer or third parties, or defects that the Buyer was informed about before purchase and that were reflected in the price.

9. Artwork Descriptions and Color Accuracy

We make every effort to describe and photograph each Artwork accurately. However, each Artwork is a unique, handmade original. Minor variations in dimensions are inherent to original artwork and do not constitute a defect.

Colors displayed on the Website depend on the Buyer's monitor, screen settings, and ambient lighting conditions. While we use commercially reasonable efforts to display colors accurately, we cannot guarantee that the colors you see on your screen will exactly match the actual Artwork. Such variations do not constitute a defect or grounds for a complaint.

10. Authenticity and Provenance

All Artworks sold through the Website are guaranteed to be authentic originals created by the artist identified in the listing. Where applicable, a certificate of authenticity is provided with the Artwork.

In the unlikely event that an Artwork is proven not to be authentic, the Buyer is entitled to a full refund of the purchase price upon return of the Artwork to the Seller.

11. Intellectual Property and Copyright

The purchase of an Artwork transfers ownership of the physical object only. Copyright and all other intellectual property rights in the Artwork remain with the artist. The Buyer may not reproduce, publish, distribute, or commercially exploit the Artwork or its image without the prior written consent of the artist.

The Buyer may photograph the Artwork for personal, non-commercial purposes (e.g., displaying it in their home and sharing on personal social media).

All content on the Website — including photographs, texts, logos, and design — is the intellectual property of GESTA OM s.r.o. or its licensors and is protected by copyright. You may not reproduce, distribute, or publicly display any content from the Website without our prior written permission.

12. Limitation of Liability

The Seller's total liability under or in connection with the Purchase Contract, whether in contract, tort, or otherwise, shall not exceed the purchase price of the Artwork in question.

The Seller shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, loss of business opportunity, or reputational damage.

Nothing in these Terms and Conditions shall limit or exclude the Seller's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

13. Force Majeure

The Seller shall not be liable for any delay or failure to perform its obligations under the Purchase Contract if such delay or failure results from circumstances beyond the Seller's reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, strikes, government actions, disruptions to transport or postal services, or failures of third-party suppliers. In such cases, the delivery timeframe shall be extended by the duration of the impediment.

14. Personal Data Protection

We process personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Czech data protection legislation. Personal data provided during the ordering process is used exclusively for the purpose of fulfilling the Purchase Contract, communicating with the Buyer, and complying with legal obligations (e.g., accounting and tax requirements).

We do not share personal data with third parties except as necessary for order fulfillment (e.g., shipping carriers, payment processors) or as required by law.

15. Cookies and Analytics

The Website uses only technically necessary cookies to ensure its proper functionality. We do not use tracking or advertising cookies. For website analytics, we use Plausible Analytics, a privacy-friendly service that does not use cookies and does not collect personal data.

16. Alternative Dispute Resolution

In the event of a consumer dispute that cannot be resolved directly between the Buyer and the Seller, the Buyer has the right to file a complaint with the Czech Trade Inspection Authority (Česká obchodní inspekce — ČOI):

Česká obchodní inspekce
Ústřední inspektorát — oddělení ADR
Štěpánská 15, 120 00 Praha 2
Website: www.coi.cz
Online dispute resolution: adr.coi.cz

17. Governing Law and Jurisdiction

These Terms and Conditions and any Purchase Contract are governed by the laws of the Czech Republic. Any disputes arising from or in connection with these Terms and Conditions shall be resolved by the competent courts of the Czech Republic. This choice of jurisdiction does not deprive Consumers of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence.

18. Final Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

The Seller reserves the right to amend these Terms and Conditions at any time. The amended Terms and Conditions become effective upon publication on the Website. Orders placed before the amendment are governed by the Terms and Conditions in effect at the time the Order was placed.

These Terms and Conditions are effective as of April 2026.

    Terms & Conditions - Gallery Art 11