Terms of Service
- These General Business Terms and Conditions (hereinafter referred to as "Business Terms") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
Based: Litava 31, 592 61, Olší
Registred in the Trade Register at Městský úřad Tišnov
phone: +420 773 081 775
(Hereinafter referred to as the "Seller")
- These terms and conditions govern the mutual rights and obligations of the vendor and the natural person who concludes the sales contract outside of his business as a consumer or in the course of his business activities (hereinafter referred to as the "buyer") through the web interface located on the website available on the internet address www.artshovk.com (hereinafter referred to as the "internet shop“).
- Business terms and conditions are an integral part of the sales contract. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Agreement are concluded in the English and Czech language.
Product and price information
- Information on the goods, including the prices of individual goods and their main features, are given for individual goods in the online store catalog. Goods prices are listed, all related fees, and the cost of returning the goods if these goods can not by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.
- All presentations of the goods placed in the internet shop catalog are informative and the seller is not obliged to conclude a purchase contract for these goods.
- Information on costs associated with packing and delivery of goods is published in the online store. Information on the costs associated with the packing and delivery of goods listed in the online shop is valid only in cases where the goods are delivered within the territory of the Czech Republic, Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Poland, Portugal, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, UK and USA.
- Any discounts on the purchase price of the goods can not be combined together, unless the seller and the buyer otherwise agree.
Order and conclusion of the purchase contract
- Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself. These costs do not differ from the basic rate.
- The buyer is ordering the goods in the following ways:
● through his customer account, if he has previously registered in the online store,
● by filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the way of payment and delivery.
- Before sending the order, the buyer is allowed to check and modify the data he has placed in the order. The order is sent by the buyer to the seller by clicking on the "order with an obligation to pay" button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.
- Immediately upon receipt of the order, the seller will send the buyer an acknowledgment of receipt of the order to the email address the buyer entered upon ordering. This acknowledgment is automatic and is not considered to be a contract. Attachment of the confirmation is the current business conditions of the seller. The purchase contract is closed only after the order has been received by the seller. Notification of receipt of the order is delivered to the buyer's email address. Immediately upon receipt of the order, the seller will send the buyer an acknowledgment of receipt of the order to the email address the buyer entered upon ordering. This acknowledgment is considered to be a contract. Attachment of the confirmation is the current business conditions of the seller. The purchase agreement is concluded by the seller's confirmation of the order at the buyer's email address.
- In the event that any of the requirements specified in the order can not be met by the seller, the buyer will send a modified offer to the email address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is then concluded by a Buyer's confirmation of acceptance of this offer by the Seller to its email address specified in these Terms and Conditions.
- All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer may cancel the order by phone on the Seller's phone number or email specified in these Terms and Conditions.
- In the event of an obvious technical error on the part of the seller when the price of the goods is placed in the online store or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to the email address. The revised bid is considered as a new draft Purchase Agreement, and the Purchase Agreement is then entered into by a Buyer Acceptance Receipt at Seller's Email Address.
- Based on buyer registration made in the online store, buyers can access their customer account. From your customer account, buyers can order goods. The buyer can also order the goods without registration.
- When registering to a customer account and ordering goods, the buyer is obligated to provide all information correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the buyer in the customer account and when ordering the goods are considered correct by the seller.
- Access to the customer account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not authorized to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer violates his obligations under the sales contract and these terms and conditions.
- The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.
Payment terms and delivery of goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods in accordance with the sales contract in the following ways:
● non-cash payment by payment card,
● cashless transaction to the seller's account through the payment gateway GOPAY,
● cash on delivery at the time of delivery,
● cash or payment card during the personal pickup at the pickup point
- Together with the purchase price, the buyer is required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
- In the case of cash payments, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the purchase contract being concluded.
- In the case of payment via a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.
- In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
- The seller does not require the buyer any advance or other similar payment in advance. Payment of the purchase price before shipment of goods is not a backup.
- The goods are delivered to the buyer:
● to the address specified by the buyer of the order,
● by means of a dispenser to the address of the dispenser designated by the buyer,
● personal pickup
- The delivery method is chosen during the ordering of the goods.
- The cost of delivery of goods, depending on the method of dispatch and receipt of the goods, is stated in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
- Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
- The seller shall issue to the buyer a tax document - an invoice. The tax document is sent to the buyer's email address and is attached to the goods delivered.
- The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods.
- Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the buyer was obliged to take over the goods but did not do so in contravention of the purchase contract
Withdrawal from the contract
- In case the goods are displaying weaknesses at the time the title passes from the seller to the purchaser (for example, the goods do not have duly expected characteristics, are not suitable for common or agreed usage, are not complete, do not represent correct quantity, size, weight, or quality is lacking any legal, contractual or prior-contractual parameters), the seller is responsible for these defects.
- The purchaser is obligated to carefully inspect the goods taking into his or her possession and to inform without unnecessary delays the seller if any defects are present.
- Before the first use, the purchaser is obligated to carefully study both the purpose for usage and care symbols. The seller is not responsible for damages resulting from product usage, functional characteristics, and damages resulting from unskilled usage as well as for damages caused by external events and by flawed manipulation. Moreover, damages of this kind are not covered under the consumer guarantees provisions.
- The consumer/purchaser can submit, within two (2) years at the latest from the date he or she took possession of the goods, a claim requesting the seller to fix or repair defects at his own expense or to give the purchaser an appropriate price discount; if with respect to the nature of defects, it is reasonable (especially if the defects cannot be fixed without unnecessary delays), the purchaser can request a full or partial replacement: he or she can ask the seller to delivery new items or new parts (if applicable) that are not defective.
- If a repair or replacement of the goods is not possible, the purchaser can cancel the contract for sale of goods and can request a full price refund.
- If defects appear within six (6) months from the date the title passed from the seller to the purchaser, it is assumed that the product was defective on the date the purchaser took its possession.
- The seller is not obligated to accomodate the purchaser's request if he proves that the purchaser/consumer knew about the defect or if he or she caused the defect prior taking possession of the order.
- The seller is not responsible for used goods defects associated with usage and common wear and tear. If the goods are sold at discount, the seller is not responsible for defects for which the price was reduced. In these circumstances the purchaser has the right to request a suitable discount rather than to request an exchange of the product.
- Not covered under the consumer guarantees are damages resulting from normal wear and tear and non-skilled or unauthorized interference, usage, and maintenance. Guarantees will also not be accepted if mechanical damage is caused by the customer, if damages result from excessive and improper use, from insufficient product care, or are caused by higher powers.
- The purchaser has no right to cancel the contract for sale of goods claiming the unfulfillment due to defects for goods imperfections that were brought to his or her attention at the time of making the contract.
- The purchaser/consumer has the right to a defect claim with respect to consumer goods within twenty-four (24) months from the date he or she took possession of the merchandise.
- The purchaser is obligated to inform the seller about defects without any unnecessary delays from the time that he or she could have discovered it during the timely examination and sufficient care.
- Within this timeframe, the purchaser/consumer has the right to file a claim and in case of defects exhibiting the considerable breach of contract, he or she has a choice of asking (regardless if the defects are repairable or not):
● To remove the defect by delivering new items or delivering missing items
● The appropriate discount from the sale price
● Refund of the sale price by cancelling the contract for sale of goods
- It is essential that the breach of contract is to due the unfulfillment of the contract that the party breaching the contract knew at the time of making the contract or the breaching party should have known that the other party would not have made the contract if this kind of breach would be anticipated.
15. In case of defects involving inconsiderable breach of contract (regardless if the defects are repairable or not), the purchaser/consumer has the right for the removal of the defect or the appropriate discount from the sale price.
16. f the repairable defect shows up again after the product has been repaired (three claims for the same defect or four claims for different defects) or the product has a higher number of defects (three defects at the least), the purchaser/consumer can submit his or her right to request a discount from sale price, an exchange of the product, or he or she can decide to cancel the conctract for sale of goods.
17. The purchaser must report all discovered defects in a written form, by sending email to email@example.com. within three (3) days from taking possession of the goods.
Rights from defective performance
1. The seller shall be liable to the buyer for the goods not to be defective upon takeover. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
● the goods have properties that the parties have negotiated and if the arrangement is lacking, it has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
● the goods are fit for the purpose for which the seller indicates or to which goods of this type are normally used,
● the goods are in the appropriate quantity, degree or weight; and
● the goods comply with legal requirements
- If a defect occurs within six months of receipt of the goods by the purchaser, the goods shall be presumed to have been defective at the time of acceptance. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by its normal use, for the used goods to a defect corresponding to the degree of wear or tear the goods have had at the time of takeover by the buyer from the nature of the goods.
- In the event of a defect, the buyer may submit a claim to the vendor requesting:
● replacement for new goods,
● repair of goods,
● a reasonable discount on the purchase price,
● withdraw from the contract
- The buyer has the right to withdraw from the contract:
● if the goods have a material defect,
● if he can not properly use the item for recurring defects or defects after repair,
● for a greater number of defects of goods
- The buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The seller is obliged to accept a complaint at any premises where the claim is accepted, possibly also at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of the buyer's right to claim the claim, the claim of the claim and the manner of processing the claim, as well as a confirmation of the date and method of processing the claim, including the confirmation of the repair and its duration, rejection of the complaint.
- The seller or a person authorized by him shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree for a longer period. The expiration of this period is considered as a material breach of contract and the buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the buyer's will (application of the right of defective performance) occurs to the seller.
- The Seller shall inform the Buyer in writing of the outcome of the claim.
- The right of defective performance does not belong to the buyer unless the buyer knew, prior to taking over the item, that the thing was defective or if the buyer caused the defect himself.
- In the event of a legitimate claim, the buyer has the right to reimbursement for the expense incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.
- The buyer has the choice of a complaint.
- The rights and obligations of the Contracting Parties regarding rights to defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., On Consumer Protection.
- The Contracting Parties may deliver all correspondence in writing via electronic mail.
- Buyer delivers the correspondence to the seller at the email address given in these terms and conditions. Seller sends the correspondence to the buyer at the email address listed in his customer account or in the order.
- All information provided by the customer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the customer's data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
Out-of-court dispute resolution
- The Czech Commercial Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line)
- The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection exercises, inter alia, the supervision of compliance with Act No. 634
- All arrangements between the seller and the buyer under the laws of the Czech Republic. If a relationship based on a sales contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
- The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) e) the Civil Code.
- All rights to the Seller's website, in particular copyrights to the content, including page layouts, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller's consent.
- The Seller is not responsible for any errors resulting from third-party interference in the Internet Store or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components of the Internet shop and use the Internet shop or its parts or software in a way that is inconsistent with its purpose or purpose.
- The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These Terms and Conditions become effective on 17. 11. 2020