TERMS AND CONDITIONS OF PURCHASE

1. General Provisions

These Terms and Conditions of Purchase govern the rights and obligations of the seller and the customer in connection with the purchase of products through the Art Studio DADA website, available at www.artstudiodada.com.

Online sales through the Art Studio DADA website are intended for consumers purchasing products for personal use, as well as other customers in accordance with the applicable laws and regulations.

By purchasing products through the website, the customer confirms that they have read, understood and accepted these Terms and Conditions of Purchase.

Matters not specifically regulated by these Terms and Conditions shall be governed by the applicable laws and regulations of the Republic of Serbia, including legislation concerning consumer protection, contractual obligations, electronic commerce and other relevant matters.

DADA endeavours to ensure that all information published on the website is accurate, complete and up to date, including information concerning products, prices, availability and purchase conditions.

In the event of any inconsistency between information displayed on the website and these Terms and Conditions of Purchase, the applicable laws and regulations shall prevail, together with the information provided to the customer before the conclusion of the relevant contract.

2. Seller

The seller of products offered through the Art Studio DADA website is:

SAMOSTALNA ZANATSKA RADNJA ZA UMETNIČKE PREDMETE DADA

DJORDJE MASNIKOVIC PR BEOGRAD (VOŽDOVAC)

Registration number: 54555075

Registered address: Borivoja Stevanovića 53, Belgrade, Serbia

Email: info@artstudiodada.com

Telephone: +381 64 110 5380

Hereinafter referred to as “DADA” or the “Seller”.

DADA operates as the seller of products offered through the Art Studio DADA website and is responsible for fulfilling the obligations arising from contracts concluded with customers, in accordance with the applicable laws and regulations of the Republic of Serbia.

The Art Studio DADA website serves as an online sales platform through which customers may browse the available products, place orders and, where the relevant functionality is available, complete purchases and payments.

For original artworks and other products whose prices are not publicly displayed on the website, the purchase shall be completed following a prior agreement between the customer and DADA regarding the price and terms of sale.

3. Products and Availability

The Art Studio DADA website offers various categories of products and artworks, including:

Products from the DADA Gift Shop;

Fine Art Print products;

Unique sculptures and paintings for which prices are displayed on the website;

Unique sculptures and paintings for which prices are not publicly displayed and for which the customer must contact DADA in advance to agree on the price and terms of purchase.

For products available for direct purchase, the customer may place an order through the website in accordance with the procedure described in these Terms and Conditions of Purchase.

For original artworks and other products for which no price is displayed, the purchase shall be completed following a prior agreement between the customer and DADA regarding the price and terms of sale. Once an agreement has been reached, the purchase may be completed by payment into DADA’s bank account or, by agreement, by displaying the agreed price on the website and completing the payment online.

Product information, including the product name, description, photographs, dimensions, materials, year of creation, price and availability, shall be displayed to the extent relevant to the particular product.

DADA endeavours to ensure that product photographs and descriptions represent the actual appearance of the products as accurately as possible. Minor differences in colour and appearance may occur due to variations in monitor settings, mobile devices and other technical display characteristics.

As certain artworks and products are available only in limited quantities or are unique, their availability may change without prior notice.

If a product becomes unavailable after an order has been placed, DADA shall notify the customer without undue delay and offer appropriate options in accordance with the applicable laws and regulations.

4. Prices and Promotional Offers

All prices displayed on the Art Studio DADA website are expressed in Serbian dinars (RSD), unless expressly stated otherwise for a particular product or offer.

The price displayed on the website applies to the product itself. Shipping costs are calculated separately unless free shipping is expressly offered for the particular product or order.

DADA may offer free shipping for certain higher-value products or orders exceeding a predetermined amount, subject to the terms specified in the relevant offer.

DADA may periodically change product prices, introduce promotional offers and provide other promotional benefits. Promotional prices and discounts may change from month to month and shall apply subject to the conditions and during the period specified in the relevant offer.

Where a product is already offered at a promotional or reduced price, an applicable discount coupon may also be applied to that price, provided that the coupon is valid for the relevant product or category. Promotional discounts and coupon discounts may be combined.

DADA does not permit the combination of multiple different coupons within a single order. Where a valid coupon is available, it may be used in accordance with the terms specified for that coupon.

For original artworks and other products whose prices are not publicly displayed on the website, the price shall be determined by prior agreement between the customer and DADA, in accordance with Section 3 of these Terms and Conditions of Purchase.

The prices and terms applicable at the time the contract is concluded shall form the basis of the relevant purchase. Any subsequent price change shall not affect a price already agreed under a concluded contract.

In the event of an obvious technical or administrative error in the price displayed on the website, DADA shall notify the customer as soon as reasonably possible and take appropriate action in accordance with the applicable laws and regulations before the contract is concluded, where applicable.

5. Ordering Procedure

Purchases through the Art Studio DADA website may be made without creating a customer account, unless DADA introduces a user registration facility on the website.

The customer selects the desired product and adds it to the shopping cart using the “ADD TO CART” option. The customer then proceeds to checkout, where they enter the information required to process the order, arrange delivery and complete payment.

Direct purchases through the website cannot be completed without providing the information necessary to process the order. The customer is responsible for the accuracy and completeness of the information entered during the purchasing process.

Before completing the order, the customer may review the shopping cart, selected products, quantities, product prices, shipping costs, total amount payable and selected payment method, and make any necessary changes before submitting the order.

Before submitting the order, the customer must confirm that they have read and accepted these Terms and Conditions of Purchase and have reviewed the information concerning delivery, payment and other rights and obligations relating to the purchase.

By clicking the final order confirmation button, which indicates an obligation to pay, the customer submits an order to purchase the selected products under the terms displayed during the ordering process.

Following successful submission of the order, the customer shall receive an automatic email notification confirming receipt of the order at the email address provided during checkout. The order status and basic information regarding its processing may also be displayed on the “Thank You” page shown after the order has been completed.

DADA may contact the customer using the contact details provided if it is necessary to verify, supplement or correct information required for order processing, delivery or payment.

For original artworks and other products whose prices are not publicly displayed, the purchasing process may begin by contacting DADA directly. Once the price and terms of sale have been agreed, the purchase may be completed by payment into DADA’s bank account or, by agreement, by displaying the agreed price on the website and completing the payment online.

6. Order Conclusion

By submitting an order through the website, the customer places an order to purchase the selected products under the terms displayed during the ordering process.

Following successful submission of the order, DADA shall automatically send the customer an acknowledgement of receipt to the email address provided during checkout. The customer shall also be informed of the order status through the “Thank You” page displayed after the ordering process has been completed.

For products available for direct purchase through the website, the following payment methods are available, depending on the particular product and selected option:

Payment by payment card through the available online payment system;

Payment by bank transfer to DADA’s bank account;

Cash on delivery, exclusively for DADA Gift Shop products.

For card payments, the customer completes payment through the online payment system after submitting the order, following the instructions displayed on the website.

For payments by bank transfer, the customer shall receive the information necessary to make the payment. The order shall be processed once the payment has been recorded, unless otherwise agreed for the particular purchase.

For cash-on-delivery payments, which are available exclusively for DADA Gift Shop products, the customer is not required to pay in advance. After the order has been received, the product is prepared and handed over to the delivery service, and the customer pays the amount due upon receipt of the shipment.

For original artworks and other products whose prices are not publicly displayed, the payment method shall be determined by prior agreement between the customer and DADA. The purchase may be completed by payment into DADA’s bank account or, by agreement, by displaying the agreed price on the website and completing the payment online.

In justified circumstances, DADA may contact the customer to verify or supplement information required to process the order, payment or delivery.

If a product becomes unavailable after the order is received, if information necessary to process the order is incomplete or inaccurate, or if an obvious technical or administrative error has occurred in the price or other material information displayed on the website, DADA shall notify the customer and act in accordance with the applicable laws and regulations.

If the customer has already made a payment in such circumstances, DADA shall refund the amount received in accordance with the applicable laws and regulations. For cash-on-delivery orders, a refund of previously paid funds is not applicable because payment has not been made before delivery.

7. Payment Methods

DADA offers the following payment methods, depending on the type of product, the purchasing method and the option selected:

7.1. Payment by Payment Card

Payment by payment card is available through the online payment system provided on the DADA website.

Payment card details are entered directly into the payment processing system. DADA does not collect or store customers’ full payment card details. The processing of information necessary to complete card payments is carried out by an external payment service provider in accordance with its terms and security rules.

7.2. Payment by Bank Transfer

The customer may pay by transferring funds to DADA’s bank account.

For direct purchases through the website, payment instructions may be sent to the customer by email after the order has been placed.

For original artworks and other products whose prices are not publicly displayed, payment instructions shall be provided following a prior agreement with DADA. Alternatively, the customer may transfer the funds to the bank account specified in the Business Information section of the website.

As a general rule, the order shall be processed once the payment has been recorded, unless otherwise agreed with the customer.

7.3. Cash on Delivery

Cash on delivery is available exclusively for products from the DADA Gift Shop.

Under this payment method, the customer pays the product price and the applicable shipping costs to the delivery service upon receipt of the shipment, unless free shipping has been specified for the particular order.

7.4. Payment and Collection at the Gallery

The customer may pay for and collect a product directly at the gallery, subject to product availability and a prior agreement with DADA.

Payment at the gallery may be made by payment card, in cash or by bank transfer to DADA’s bank account.

Collection at the gallery of a product already paid for is free of charge, and no shipping fee shall apply.

7.5. Special Terms for Original Artworks

For original paintings, sculptures and other products whose prices are not publicly displayed, the payment method and payment deadline shall be determined by prior agreement between the customer and DADA.

Depending on the agreement, payment may be made by bank transfer to DADA’s account or online after the agreed price has been displayed on the website.

All payment methods available for the particular purchase shall be specified or offered to the customer before the purchase is completed.

8. Delivery

DADA provides delivery within the territory of the Republic of Serbia and international delivery, depending on the type of product, its value, dimensions and destination.

8.1. Delivery Within Serbia

Products are delivered within the Republic of Serbia through the BEXEXPRESS delivery service, unless otherwise specified or agreed for the particular order.

Shipping costs are calculated separately and displayed to the customer during checkout, except where free shipping is specified for the particular product or order.

DADA may offer free shipping for certain higher-value products or orders exceeding a predetermined amount, subject to the terms specified in the relevant offer.

8.2. International Delivery

DADA offers international delivery through appropriate freight forwarders, carriers and other transport service providers.

International delivery may be arranged in one of the following ways:

a) Delivery at a predetermined price

Where the international shipping price has been determined in advance, it shall be stated in the relevant offer or during the purchasing process. The price shall cover the costs specified in the particular delivery offer.

b) Delivery upon request

Where the international shipping price has not been determined in advance, DADA shall, following agreement with the customer, obtain a quotation from the freight forwarder, carrier and/or other service providers required to arrange delivery.

The customer shall be informed of the estimated or quoted shipping costs within the agreed period. The quotation shall remain valid for the period specified in the relevant offer.

After the stated validity period expires, shipping costs may be recalculated if the prices charged by carriers, freight forwarders or other relevant service providers have changed.

8.3. Customs, Taxes and Other Charges

International deliveries may incur additional costs depending on the destination country, including customs duties, taxes, fees and other charges imposed by the competent authorities or service providers.

Unless such costs are expressly included in the quoted international shipping price, the customer shall be responsible for paying them in accordance with the regulations of the destination country.

8.4. Free Collection at the Gallery

The customer may collect a product already paid for free of charge at the DADA gallery.

The customer may also pay for and collect a product directly at the gallery, subject to prior agreement and confirmation that the product is available.

No shipping fee shall apply when the product is collected at the gallery.

8.5. Delivery Times and Conditions

Delivery times depend on the type of product, availability, payment method, destination and selected transport method.

Unless otherwise agreed with the customer, DADA shall deliver the product within the period prescribed by the applicable laws and regulations and, in any event, no later than thirty (30) days from the date the contract is concluded.

For products manufactured or prepared after an order is placed, as well as original artworks, a specific delivery period may be agreed with the customer.

The customer must provide accurate and complete delivery information when placing the order. DADA shall not be liable for delays or failed delivery resulting from inaccurate or incomplete information provided by the customer.

Upon receipt of the shipment, the customer is advised to inspect the condition of the package. In the event of visible packaging damage, the customer should follow the delivery service’s procedures and notify DADA without delay.

9. Right of Withdrawal from the Contract

9.1. General Right of Withdrawal

A customer acting as a consumer who concludes a distance contract has the right to withdraw from the contract without stating a reason within fourteen (14) days, in accordance with the applicable consumer protection laws and regulations.

For contracts for the sale of goods, the withdrawal period begins on the day the goods come into the physical possession of the customer or a third party designated by the customer, other than the carrier.

The customer may exercise the right of withdrawal by submitting a withdrawal form or another unequivocal statement clearly expressing the decision to withdraw from the contract.

The withdrawal shall take legal effect on the date the statement is sent to DADA.

Before returning the product, the customer must notify DADA of the intention to withdraw from the contract. Upon receiving the notification, DADA shall provide the customer with the information necessary to arrange the return of the product.

9.2. Returns of Gift Shop Products

Products from the DADA Gift Shop may be returned in accordance with the statutory conditions governing the right of withdrawal from a contract.

The customer must return the product without undue delay and no later than fourteen (14) days from the date on which the withdrawal statement was sent to DADA.

The product should be returned in a condition that allows its nature, characteristics and functionality to be established. The customer shall be liable for any reduction in the value of the product resulting from handling beyond what is necessary to establish its nature, characteristics and functionality.

The direct costs of returning the product shall be borne by the customer, unless otherwise stated or unless DADA failed to inform the customer of this obligation before the contract was concluded.

9.3. Fine Art Print Products

A Fine Art Print is a reproduction of a selected original artwork, produced in a limited edition or in accordance with the terms specified for the particular product.

Each Fine Art Print may have a unique number, the artist’s signature and a certificate of authenticity, with the certificate issued or registered in the customer’s name.

If a particular Fine Art Print is produced according to the customer’s specific requirements or is clearly personalised for that customer, it may fall within the statutory exception to the right of withdrawal applicable to goods made to the consumer’s specifications or clearly personalised. The customer shall be clearly informed of the existence of such an exception before the contract is concluded.

The mere presence of a unique number, the artist’s signature or a certificate of authenticity does not, in itself, constitute grounds for excluding the right of withdrawal unless the statutory conditions for the relevant exception are satisfied.

9.4. Original Paintings and Sculptures

Original paintings and sculptures offered by DADA are unique artworks whose value depends, among other things, on their authentic, complete and unaltered condition.

Due to the nature of certain artworks, their complex constructions, delicate elements and methods of manufacture, improper handling, disassembly, movement of components, inadequate packaging or transport may cause damage or alter the original condition of the artwork, thereby significantly reducing its value.

Before an original artwork is dispatched, DADA may create photographic and video documentation of its condition, including distinctive, delicate and structural elements, as well as its packaging and condition immediately before dispatch.

Upon receiving a returned original artwork, DADA shall inspect its condition and, where necessary, compare the returned artwork with the documentation created before delivery.

The customer shall be liable for any reduction in the value of the artwork resulting from handling, disassembly, movement, improper packaging, transport or other actions exceeding what is necessary to establish the nature, characteristics and functionality of the artwork, in accordance with the applicable laws and regulations.

If damage, defects or alterations to original elements, changes to the structure or surface finish, missing components or other conditions affecting the authenticity, integrity or market value of the artwork are identified, DADA shall document the condition and determine the appropriate reduction in value in accordance with the circumstances of the particular case and the applicable laws and regulations.

9.5. Refund of Payments

Where the right of withdrawal is exercised validly and within the applicable deadline, DADA shall refund the payments received within the time limits and by the method prescribed by the applicable laws and regulations.

The refund shall include the price of the product and the cost of standard delivery paid by the customer. Additional costs resulting from the customer’s express choice of a more expensive delivery method shall not be refunded.

DADA may withhold the refund until the returned product has been received or until the customer has provided evidence that the product has been sent back, whichever occurs first.

9.6. Products Excluded from the Right of Withdrawal

The customer shall not have the right to withdraw from a contract in circumstances where such right is excluded by the applicable laws and regulations, including in the case of goods made to the customer’s specifications or clearly personalised, where the statutory conditions for this exception are satisfied.

DADA shall inform the customer of the applicable exception before the contract is concluded.

10. Returns of Goods and Refunds

A customer exercising the right of withdrawal must notify DADA of the decision by email at info@artstudiodada.com.

Upon receiving the notification, DADA shall provide the customer with the information and instructions necessary for the safe return of the product.

Products shall be returned to:

Art Studio DADA
Čumićevo Sokače BB
11000 Belgrade, Serbia

10.2. Deadline for Returning Products

The customer must return the product without undue delay and no later than fourteen (14) days from the date on which the withdrawal statement was sent to DADA.

The deadline shall be deemed met if the product is dispatched before the fourteen-day period expires.

10.3. Return Shipping Costs

Where the customer withdraws from the contract for reasons not attributable to DADA, the direct costs of returning the product shall be borne by the customer.

If the return results from an error by DADA, a defective product, an incorrectly delivered product or another reason for which DADA is responsible, DADA shall bear the return shipping costs.

10.4. Packaging and Product Safety

Where necessary, DADA shall provide the customer with instructions for appropriate packaging and safe transport of the product.

The customer is responsible for adequately packaging and protecting the product against damage during return transport.

For valuable products and original artworks, DADA recommends using insured shipping and appropriate transport services.

10.5. Inspection of Returned Products

Upon receipt of a returned product, DADA shall inspect its condition.

For original artworks, the inspection may include verification of:

The completeness of the artwork;

Original components;

Construction and surface finish;

The artist’s signature or other identifying marks;

Any damage, alterations or interventions, and other relevant characteristics.

Where necessary, the condition of the returned product may be compared with photographic and video documentation created before delivery.

If damage or another change occurring after delivery is identified, DADA shall document the condition by means of photographs and/or video recordings.

If the value of the product has been reduced as a result of handling by the customer beyond what is necessary to establish its nature, characteristics and functionality, DADA may deduct the established reduction in value from the refund, in accordance with the applicable laws and regulations and Section 9 of these Terms and Conditions of Purchase.

10.6. Refund Deadline

Where the right of withdrawal is exercised within the applicable period, DADA shall refund the payments received no later than fourteen (14) days from the date the withdrawal statement is received, in accordance with the applicable laws and regulations.

DADA may withhold the refund until the returned product has been received or until the customer has provided evidence that the product has been sent back, whichever occurs first.

10.7. Method of Refund

Depending on the original payment method, the refund shall be made as follows:

Payment by card: through the same electronic payment system;

Payment by bank transfer: by transfer to the customer’s bank account;

Cash on delivery: by transfer to a bank account provided by the customer to DADA.

DADA shall not charge the customer any additional fees for processing the refund.

10.8. Refund Amount

In the event of withdrawal, the customer shall be refunded the amount actually paid for the returned product, including the cost of standard delivery paid at the time of purchase, in accordance with the applicable laws and regulations.

Additional costs resulting from the customer’s choice of a more expensive delivery method than the least expensive standard delivery offered by DADA shall not be refunded.

For products purchased at a promotional price or with a discount coupon, the refund shall be based on the amount actually paid after the applicable discounts.

If a reduction in the value of the product attributable to the customer has been established, the refund may be reduced accordingly, in accordance with Section 10.5.

11. Conformity of Goods and Complaints

11.1. Conformity of Products

DADA shall be responsible for the conformity of goods with the contract in accordance with the applicable consumer protection laws and regulations.

Goods shall be deemed conforming to the contract when they correspond to the description, type, quantity, quality and other characteristics agreed with the customer, or when they satisfy other requirements prescribed by the applicable laws and regulations.

For products sold through the DADA Gift Shop, a lack of conformity may include, among other things, the delivery of an incorrect product, a defect existing at the time of delivery or a material discrepancy between the product and the agreed description or displayed characteristics.

11.2. Original Artworks

Original paintings and sculptures are unique artworks sold as the specific individual works displayed on the DADA website.

The product description, photographs of the artwork, images of distinctive details and other important elements form part of the information on which the customer bases the purchasing decision.

DADA guarantees that an original artwork will be delivered in its original and perfect condition, meaning the condition in which it was presented on the website at the time of purchase.

Natural material characteristics, traces of handcrafting and other features that form an integral part of the particular artwork shall not be considered a lack of conformity where they are consistent with the presentation, description and nature of that artwork.

DADA shall not exclude or restrict its statutory liability for lack of conformity of an original artwork contrary to the applicable laws and regulations.

11.3. Damage After Delivery

The risk of accidental loss of or damage to goods shall pass to the customer upon delivery to the customer or to a third party designated by the customer, except in circumstances provided for by law.

Damage occurring after delivery as a result of improper handling, dropping, incorrect installation, inadequate transport, intervention in the artwork or other actions by the customer that are not attributable to a cause for which DADA is responsible shall not constitute a lack of conformity for which DADA is liable.

For original artworks, DADA may use photographic and video documentation created before delivery to establish the condition of the artwork at the time of dispatch.

11.4. Submitting a Complaint

The customer may submit a complaint:

By email to: info@artstudiodada.com;

In person at the Art Studio DADA gallery, Čumićevo Sokače, Belgrade, Serbia.

When submitting a complaint, the customer should provide an invoice or other appropriate proof of purchase, together with a description of the grounds for the complaint. DADA may request photographs or a video recording of the product where necessary for a preliminary assessment.

The customer’s inability to provide the original packaging shall not be a condition for processing a complaint or grounds for rejecting it.

11.5. Special Procedure for Original Artworks

Due to the uniqueness, value and fragility of original paintings and sculptures, a complaint concerning such an artwork shall initially be assessed on a preliminary basis using the description, photographs and, where necessary, video footage provided by the customer.

Following the preliminary assessment, DADA may request that the customer:

Personally deliver the artwork to the DADA gallery, which is the recommended method of inspection; or

If personal delivery is not possible, send the artwork to the gallery address after obtaining prior instructions from DADA regarding packaging and transport.

Where necessary, DADA shall inspect the artwork and document its condition by photographs and/or video recordings.

The inspection of original artworks may include verification of completeness, original components, construction, surface finish, signature or other identifying marks, and any other characteristics relevant to determining whether a lack of conformity exists.

11.6. Liability for Lack of Conformity

DADA shall be liable for a lack of conformity that existed at the time of delivery or arises from a cause that existed before delivery, within the periods and subject to the conditions prescribed by the applicable law.

For goods subject to the applicable statutory two-year conformity period, DADA shall be responsible in accordance with the law for a period of two years from the date of delivery.

DADA’s statutory liability for lack of conformity may not be excluded or restricted by contract contrary to the law.

11.7. Resolution of Complaints

If a lack of conformity is established, the customer shall be entitled to the remedies provided by the applicable laws and regulations, including, depending on the circumstances of the particular case:

Remedying the lack of conformity by repair;

Replacement of the product, but only for items for which replacement is possible;

An appropriate reduction in price;

Termination of the contract where the statutory conditions are satisfied.

Due to the unique nature of original artworks, replacement with an identical artwork may be objectively impossible. In such cases, the complaint shall be resolved by another remedy provided by law, depending on the nature and significance of the established lack of conformity.

Any legally required remedying of a lack of conformity shall be provided to the customer free of charge, including the necessary costs of labour, materials, delivery and collection of the goods, in accordance with the law.

11.8. Complaint Procedure and Deadlines

DADA shall accept complaints and, without undue delay, issue the customer with written or electronic confirmation of receipt or communicate the reference number under which the complaint has been registered.

DADA shall respond to the complaint no later than eight (8) days from the date of receipt.

The response shall state whether the complaint is accepted or rejected, provide reasons in the event of rejection, address the customer’s request and, where the complaint is accepted, include a specific proposal for the method and deadline for resolution.

The deadline for resolving a complaint shall not exceed fifteen (15) days from the date the complaint is submitted, except in circumstances where an extension is permitted by law with the customer’s prior consent.

If DADA is objectively unable to resolve the complaint within the prescribed period, the deadline may be extended only under the conditions and in the manner provided by the applicable laws and regulations.

11.9. Costs of Complaints

Where a complaint is justified and DADA is found responsible for the lack of conformity, DADA shall bear the necessary costs of remedying the lack of conformity, including collection and delivery costs where these are required to resolve the complaint.

For original artworks, the method and arrangements for transport shall be agreed with the customer in advance, taking into account the nature, dimensions, value and fragility of the particular artwork.

11.10. Complaint Records

DADA shall maintain records of complaints received in accordance with the law and retain them for at least two years from the date the complaint was submitted.

If a complaint is rejected, DADA shall inform the customer of the possibility of resolving the consumer dispute through an out-of-court procedure and of the competent bodies for out-of-court consumer dispute resolution, in accordance with the applicable laws and regulations.

12. Authenticity, Originality and Handling of Artworks

12.1. Originality and Authenticity

All original artworks offered through Art Studio DADA are authentic, original works by the artist identified in the listing for the particular artwork.

A Certificate of Authenticity shall be issued to the customer with each original artwork, confirming the identity of the artwork, the artist and the basic details of the work.

DADA guarantees the authenticity of the original artwork that is the subject of the sale.

12.2. Fine Art Prints

A Fine Art Print is an artistic reproduction of a selected artwork, produced in a limited edition or another edition clearly specified in the relevant product listing.

Each Fine Art Print, where stated on the relevant product page, carries a unique number, the artist’s signature and a Certificate of Authenticity, which is recorded and linked to the particular customer.

12.3. Photographs and Presentation of Artworks

Photographs, detail images and other visual information published alongside an original artwork form an integral part of its presentation.

When purchasing an original artwork, the customer purchases the specific artwork displayed on the website or viewed in person at the gallery, rather than a generic example of a particular model or motif.

DADA endeavours to ensure that photographs accurately represent the appearance, dimensions, materials, structure and details of the artwork. Minor differences in colour representation may occur due to different screens and display conditions.

12.4. Handcrafting and Material Characteristics

Artworks created by Art Studio DADA may display characteristics arising from handcrafting, the use of different materials, their natural structure, patina, traces of processing and the artist’s creative process.

Where consistent with the nature and description of the particular artwork, such characteristics shall be regarded as integral and authentic features of the work, rather than defects or a lack of conformity.

12.5. Uniqueness of Original Artworks

An original artwork is, by its nature, a unique object.

Following purchase, ownership of the specific artwork shall belong to the customer in accordance with the terms of sale. DADA does not guarantee that an original artwork can be replaced with an identical item where such replacement is objectively impossible due to the unique and one-of-a-kind nature of the work.

12.6. Customer Responsibility for the Care and Handling of Artworks

Following proper receipt of an artwork, the customer shall be responsible for its appropriate storage, handling, transport after collection and installation, and shall exercise a level of care appropriate to its nature, materials and artistic value.

Art Studio DADA shall not be liable for damage occurring after collection as a result of improper handling, dropping, unsuitable transport, incorrect installation or mounting, inadequate storage conditions, exposure to moisture, water, extreme temperatures, direct sunlight, fire or other external influences not attributable to DADA.

Art Studio DADA shall also not be liable for consequences arising from interventions, repairs, restoration, alterations or other work carried out by the customer or a third party without the prior consent of DADA or the artist, where such consent is required.

Before undertaking any intervention on an artwork, the customer should contact Art Studio DADA for an appropriate assessment and, where necessary, to agree on the subsequent course of action.

Nothing in these provisions shall restrict or exclude the customer’s rights under the applicable consumer protection laws and regulations, including DADA’s statutory liability for lack of conformity of an artwork.

12.7. Special Care and Prohibition of Alterations

The customer shall handle the artwork with special care appropriate to its artistic, material and collectible value.

Without the prior written consent of Art Studio DADA and the artist, where required, the customer shall not:

Modify, retouch or alter the artwork;

Remove, add or change any of its components;

Intervene in its structure, surface, materials or finish;

Disassemble the artwork in a manner that may affect its integrity or authenticity;

Carry out restoration, repairs or other specialist interventions;

Change the original method of presentation or installation where such a change could endanger the artwork.

Any unauthorised intervention may affect the authenticity, integrity, collectible value and future exhibition potential of the artwork, as well as DADA’s responsibility regarding its condition.

This provision shall not restrict the customer’s statutory rights relating to complaints or liability for lack of conformity, nor exclude any liability of DADA that exists under the law.

12.8. Possibility of Future Exhibition of a Purchased Artwork

Art Studio DADA reserves the right to contact the customer after the sale of an artwork to enquire about the possibility of temporarily borrowing the specific artwork for display at significant and reputable exhibitions, international events, museum exhibitions, gallery exhibitions or other relevant art events.

If DADA considers that a purchased artwork would be particularly valuable for such an exhibition, it may invite the customer to consider making the artwork available temporarily.

Any temporary loan of the artwork, including the duration, collection arrangements, transport, insurance and other conditions, shall be agreed separately between DADA and the customer.

All reasonable and necessary costs associated with the temporary loan and exhibition of the artwork, including transport, packaging, insurance and return of the artwork to the customer, shall be borne by Art Studio DADA, subject to the agreement reached with the customer.

This arrangement does not oblige the customer to lend the artwork and does not affect the customer’s ownership of the purchased artwork.

13. Copyright and Use of Artworks

13.1. Copyright

By purchasing an original artwork, the customer acquires ownership of the specific physical artwork but does not acquire copyright in the work.

Copyright remains with the artist or other copyright holder, in accordance with the applicable laws and regulations and any agreements under which particular rights have been transferred or licensed.

The purchase of an original artwork does not constitute a transfer of economic copyright or grant the customer the right to reproduce, copy, modify, adapt or otherwise use the artwork as their own original work.

13.2. Prohibition on Reproduction and Duplication

Without the prior written consent of the artist or the relevant copyright holder, except where such use is expressly permitted by the applicable laws and regulations, the customer shall not:

Make copies of the artwork;

Scan or digitise the artwork for reproduction purposes;

Produce reproductions, prints, posters or other products based on the artwork;

Use the artwork or its image for commercial manufacturing;

Use the artwork as the basis for other artistic, design or commercial products;

Make adaptations, modifications or other alterations to the artwork;

Authorise another person to undertake such use.

Copyright in artworks is protected under the applicable laws and regulations of the Republic of Serbia. Unauthorised use of a copyrighted work may constitute copyright infringement and, depending on the conduct and the applicable statutory requirements, may give rise to civil, misdemeanour or criminal liability.

13.3. Photography and Private Display of Purchased Artworks

The customer may keep, display and present the purchased artwork in their private or business premises, subject to the nature and intended use of the work.

Photographing an artwork for the customer’s personal, non-commercial purposes does not, in itself, constitute a transfer of copyright.

However, the use of photographs or recordings of an artwork for commercial advertising, product sales, reproduction, promotion of other products or other forms of commercial exploitation is subject to copyright restrictions and requires the appropriate consent where required by law.

13.4. Right of Art Studio DADA to Use Photographs and Recordings

Art Studio DADA reserves the right to use photographs, video recordings and other visual materials depicting its artworks for the purpose of presenting its artistic work, artistic development, artists and activities.

Such materials may be used in particular:

On the Art Studio DADA website;

On social media;

In catalogues and publications;

In media coverage;

In promotional and presentation materials;

In portfolio materials;

In exhibition documentation;

In applications for exhibitions, competitions, events and other art projects.

The fact that a particular artwork has been sold shall not affect the right of the artist and Art Studio DADA to document and present the artistic work, its creation, exhibition history and artistic development.

13.5. Photography of an Artwork at the Customer’s Premises

Art Studio DADA may, with the customer’s prior consent, photograph or record the purchased artwork at the customer’s premises, including the interior, the method of installation and the context in which the artwork is displayed.

Such material may be used to present the artwork, artist and Art Studio DADA in accordance with the agreed purpose.

Without the customer’s consent, DADA shall not use photographs or video materials in a manner that unnecessarily reveals the customer’s identity or private information.

13.6. Names, Descriptions, Photographs and Content of Art Studio DADA

Artwork titles, texts and descriptions, original photographs, video materials, graphic designs, catalogue materials and other original content published on the Art Studio DADA website constitute protected content to the extent that they are protected by copyright or other applicable legal provisions.

Their extraction, reproduction, publication, commercial use or other use without appropriate authorisation is prohibited, except where such use is permitted by law.

In particular, photographs and texts from the DADA website may not be copied for use in another party’s sales, promotional or commercial materials.

13.7. Exhibition of Purchased Artworks

The customer is entitled to display the purchased artwork in their private or business premises.

However, ownership of the physical artwork does not grant the customer the right to use it as the basis for commercial reproduction, manufacturing, advertising or the creation of new products.

The customer may not grant third parties rights that the customer has not acquired through the purchase of the artwork.

13.8. Changes, Adaptations or Interventions in an Artwork

Any changes, adaptations, additions, removal of components, alterations or other interventions in an artwork are also governed by Section 12 of these Terms and Conditions.

It is specifically emphasised that the purchase of an artwork does not entitle the customer to change its original appearance, structure or artistic concept.

Before any planned specialist intervention, restoration or other change that may affect the integrity of the artwork, the customer should contact Art Studio DADA.

13.9. Copyright and Subsequent Resale of an Artwork

If the customer subsequently resells an original artwork, copyright shall not be transferred to the new owner as a result of that sale.

Statutory provisions concerning the artist’s resale right may apply to subsequent resales of original works of graphic or plastic art. DADA and the customer shall comply with any obligations arising from that right where the applicable statutory conditions are satisfied.

14. Data Protection

14.1. Processing of Data

When customers use the website and purchase products, Art Studio DADA collects and processes the customer information necessary to fulfil orders, process payments, issue invoices, communicate with customers and deliver products.

Such information may include the customer’s first and last name, delivery address, telephone number, email address and other information necessary to fulfil the particular order.

14.2. Data Processing and Protection

Art Studio DADA implements appropriate technical and organisational measures to protect customers’ personal data against unauthorised access, alteration, loss, misuse or other unlawful processing.

For card payments, payment card data is processed through the appropriate electronic payment system and is not stored by Art Studio DADA unless expressly stated otherwise in accordance with the rules of the particular payment system.

14.3. Delivery and Engaged Service Providers

Customer data may be disclosed to third parties only to the extent necessary to fulfil the order, including delivery and payment service providers and other parties involved in performing the contract.

Such parties may use the data solely for the purpose for which it was disclosed and in accordance with the applicable laws and regulations.

14.4. Newsletter and Promotional Messages

Placing an order does not automatically subscribe the customer to a newsletter or constitute consent to receive promotional messages.

A separate consent is required for newsletter subscriptions and promotional communications where such consent is required by the applicable laws and regulations.

The customer may withdraw consent to receive promotional messages at any time using the method specified in the relevant message or another appropriate method.

14.5. Cookies

The Art Studio DADA website uses cookies and similar technologies to the extent necessary for the proper functioning of the website, improving the user experience, analysing website usage and other permitted purposes.

Information about the types of cookies, their purposes, duration, management and users’ rights is provided in the Art Studio DADA Privacy Policy and/or other relevant notices displayed on the website.

14.6. Privacy Policy

Detailed information regarding the processing and protection of personal data, the rights of data subjects, data retention periods, the legal bases and purposes of processing, cookies, contact details for exercising rights and other data protection matters is set out in the separate Art Studio DADA Privacy Policy.

The Privacy Policy forms part of the terms governing the use of the website and is available through a dedicated link on the Art Studio DADA website.

15. Amendments to the Terms and Conditions of Purchase

15.1. Right to Amend

Art Studio DADA reserves the right to amend or supplement these Terms and Conditions of Purchase at any time, particularly to ensure compliance with applicable laws and regulations or to reflect changes in business operations, payment methods, delivery arrangements or other services provided through the website.

15.2. Publication of Amendments

The amended Terms and Conditions of Purchase shall be published on the Art Studio DADA website and shall apply from the date of publication, unless a different effective date is specified in the amendments themselves.

The customer is responsible for reviewing the version of the Terms and Conditions of Purchase in force before making a purchase.

15.3. Application to Existing Orders

Purchases and contractual relationships already concluded shall be governed by the Terms and Conditions of Purchase in force at the time the contract was concluded, except where the application of subsequent amendments is mandatory under the applicable laws and regulations.

Subsequent amendments shall not diminish rights acquired by the customer under a contract already concluded.

15.4. Acceptance of Amendments

Continued use of the website after amended Terms and Conditions of Purchase have entered into force shall constitute acceptance of their application to future use of the website and future orders.

16. Dispute Resolution

16.1. Amicable Resolution

Art Studio DADA and the customer shall endeavour to resolve any disputes or disagreements arising in connection with purchases, delivery, complaints or the use of products amicably in the first instance, through direct communication and mutual agreement.

The customer may contact Art Studio DADA by email at info@artstudiodada.com or in person at the gallery on Čumićevo Sokače, Belgrade.

16.2. Out-of-Court Consumer Dispute Resolution

If a dispute cannot be resolved through direct agreement, the consumer may use the mechanisms for out-of-court consumer dispute resolution, in accordance with the applicable laws and regulations of the Republic of Serbia.

Art Studio DADA shall comply with its statutory obligations in any out-of-court consumer dispute resolution procedure.

16.3. Judicial Protection

If a dispute cannot be resolved amicably or through an appropriate out-of-court dispute resolution procedure, the customer shall be entitled to seek protection of their rights before the competent court, in accordance with the applicable laws and regulations.

Consumer disputes shall be subject to the jurisdictional rules prescribed by the applicable laws of the Republic of Serbia.

16.4. Consumer Rights

Nothing in these Terms and Conditions of Purchase shall be interpreted as waiving or restricting any rights to which the customer is entitled under mandatory consumer protection legislation or other applicable laws and regulations of the Republic of Serbia.

17. Final Provisions

17.1. Governing Law

These Terms and Conditions of Purchase, as well as any relationship between Art Studio DADA and the customer not specifically regulated herein, shall be governed by the applicable laws and regulations of the Republic of Serbia.

17.2. Severability

If any provision of these Terms and Conditions of Purchase is found to be void, invalid or unenforceable, the validity of the remaining provisions shall not be affected, unless the contract cannot produce legal effect without that provision.

The invalidity of any provision shall not affect the customer’s statutory rights.

17.3. Language and Interpretation

These Terms and Conditions of Purchase are drawn up in Serbian and shall be applied in accordance with the applicable laws and regulations of the Republic of Serbia.

Any ambiguity in contractual provisions shall be resolved in accordance with the rules established by the applicable consumer protection laws and regulations.

17.4. Availability of the Terms and Conditions of Purchase

The current version of these Terms and Conditions of Purchase is available to customers on the Art Studio DADA website.

Customers may review the contents before completing a purchase and may save or print the document for their own records.

17.5. Entry into Force

These Terms and Conditions of Purchase shall enter into force and apply from the date of publication on the Art Studio DADA website, unless a later effective date is expressly specified in the document.