These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) shall apply to contracts concluded through Artistico’s online store at www.artisticostores.com (hereinafter referred to as the “Web Interface”) between
Shania, a.s., with its registered office at Příkop 843/4, Zábrdovice, 602 00 Brno,
Company ID No.: 28199308,
Registered in the Commercial Register maintained by the Regional Court in Brno, Section B, File 7778,
Delivery address: Prostorná 837/9, 709 00 Ostrava,
Phone number: +420 725 602 471,
Contact e-mail: email@example.com,
as the Seller,
and you as the Buyer.
1. INTRODUCTORY PROVISIONS
1.1. Summary of the terms and conditions content
By the purchase contract, we undertake to deliver to you the goods (especially works of art) specified in the order, and you undertake to accept these goods and pay us the purchase price. To conclude the Contract, you must place an order, and we accept it (as per Article 2). Information about prices can be found in Article 3. Possible payment and delivery methods can be found in Articles 4 and 5. Information on the possibility of withdrawal from the Contract after the receipt of goods are in Article 6. Complaint Procedure for our company governs any complaints.
1.2. Is this Contract a consumer contract?
It is a consumer contract if you are a consumer, that is if you are a natural person and you buy goods outside your business activities or outside of your own profession. Otherwise, it is not a consumer contract, and consumer protection does not apply to you under the law and these Terms and Conditions.
1.3.What governs our mutual rights and obligations?
First of all, they shall be governed by the Contract consisting of the following documents:
- These Terms and Conditions defining our mutual rights and obligations;
- Complaint procedure ruling the way how we will handle any complains about the goods;
- Terms and guidelines stated on the web interface, particularly when concluding a contract;
- By the order and its acceptance by us,
And in matters not covered by the Contract, our mutual rights and obligations shall be governed by the Czech legal order, in particular, by the following legal regulations:
- Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”);
- Act No. 634/1992 Coll., On Consumer Protection, as amended (only if you are a consumer);
- Act No. 121/2000 Coll., Copyright Act, as amended (if the purchase contract concerns goods that are copyrighted; hereinafter referred to as the “Copyright Act”).
If your place of residence or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship shall be governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than the Czech law, then you shall be provided with a higher level of protection.
1.4. How shall you agree with the Terms and Conditions?
By placing an order and confirming it on the Web Interface, you confirm that you have read and agreed to these Terms and Conditions.
1.5. What else should you know about the Terms and Conditions?
Should any provision of the Terms and Conditions be invalid, ineffective or inapplicable (or becomes so), the provision closest to its meaning is to be applied instead. This does not affect the validity of the other provisions.
We can change or supplement the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions, under which they arose. The Terms and Conditions can only be changed or amended in writing
2. PURCHASE CONTRACT
2.1. How do we conclude a purchase contract?
To conclude a contract, you must place an order in accordance with the Terms and Conditions, and we must accept such an order. Please, take note that the presentation of goods on the Web Interface has an informative nature and is not our proposal to conclude a contract within the meaning of Section 1732 (2) of the Civil Code.
2.2.How to place an order?
You can always place an order through the Web Interface (by filling in the form) or in another way, which is allowed under the information on the Web Interface. The order must contain all the information prescribed in the form.
Prior to submitting your order via the order form, you will be presented with a recap of the order, including the final price (including all taxes, duties, and fees). As part of the recap, you have the last opportunity to change the entered data.
To place a binding order, press the “Order” button. We consider the information given in the binding order to be correct and complete. Please, inform us immediately by phone or e-mail about their change.
2.3. Can you cancel or change an already placed order?
You can cancel or change an order that we haven’t accepted yet, by phone or e-mail. All orders that we have accepted are binding. Later cancellations or changes to the order are possible only if we agree to it. Should you withdraw from such order in this way (for more details, see in Article 6), we are entitled to reimbursement of the costs already incurred in connection with the Contract.
2.4. How do you know that we have accepted the order and when the Contract is concluded?
We will inform you about the acceptance of your order. Information about the order reception is sent automatically, and it does not represent a confirmation that we have accepted the order.
The purchase contract is concluded at the moment when you receive the order acceptance from our side to the e-mail address stated in the order. Should the order not be accepted, the Contract is concluded at the moment when you take over the ordered goods.
2.5. Is it possible to obtain the Contract in written form?
The contractual documents will be sent to you by e-mail or printed by post upon request. If we send it by post, we may ask you to pay for the related costs.
The documents constituting the Contract are archived in electronic form. The Contract shall not be accessible to third parties.
2.6. What else should you know about the goods?
You acknowledge that by acquiring title to a work of art, you do not acquire any right to exercise the right to use the work of art, as described in the Copyright Act, to any extent other than that permitted by the Copyright Act. The conclusion of a purchase contract cannot in any way be regarded as the consent of the author of the work of art to the use of such work in a manner for which explicit consent of the author is required under the Copyright Act. You furthermore acknowledge that the use of a work of art that differs from what is expressly permitted by Copyright Act, without the consent of the author, may infringe the copyright of the author of the work of art. We shall not be responsible for any copyright infringement of the author of the artwork on your part.
In particular, goods owned by the Seller are offered and sold on the Web Interface. However, the goods of third parties that the Seller is authorised to advertise and sell may also be advertised.
3.1. Can the price change on the Web Interface?
If the price for goods on the Web Interface or during ordering is no longer up-to-date, we will notify you without delay. However, accepted orders cannot be affected by the price change that has occurred between the time the order has been placed and accepted.
If there has been a clear technical error in the goods pricing on the Web Interface or during the ordering process, we are not obliged to deliver the goods for such an obviously erroneous price due to the appearance of our legal action under Section 552 of the Civil Code or due to an error pursuant to Section 571 of the Civil Code.
3.2. Is it possible to combine discounts on the price of goods?
Any discounts on the price of the goods cannot be combined unless otherwise explicitly stated on the Web Interface.
4. PAYMENT TERMS
4.1. What payment methods do we accept?
You can pay the purchase price in the following ways:
- In cash when the goods are sent on delivery or in cash when you pick it up;
- By transfer before the goods delivery to our bank account (instructions shall be given in the order confirmation).
Any other forms of payment and any fees associated with some forms of payments are listed on the Web Interface.
Payment can be made in Czech crowns (CZK) or Euros (EUR).
4.2. When is the purchase price due?
In the case of cash payment, the price shall be payable upon receipt of the goods. In case of cashless payment prior to the delivery of the goods, the price is due within five days of receipt of the order, the price is paid at the moment of crediting the respective amount to our bank account. If we do not receive the price at its maturity, we reserve the right to withdraw from the Contract.
4.3. Can we require a deposit or advance payment?
Please, take note that under Section 2119 (1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or advance payment) before sending or handing over the goods.
4.4. How do we issue receipts in connection with electronic sales registration and tax document?
By agreeing to these Terms and Conditions, you authorise us to issue a receipt in accordance with Act No. 112/2016 Coll., On sales records, as amended and the tax document electronically.
5. DELIVERY TERMS
5.1. How do we send the goods?
Means of delivery of the goods, including the amount of delivery costs, are listed on the Web Interface. You can choose the specific way of delivery of the goods in the order.
The order shall always include the final price, which already includes the cost of the selected delivery method.
5.2.When will we deliver the goods to you?
The time of delivery of the goods always depends on their availability and the chosen delivery and payment method. However, we cannot control the time of delivery of goods provided by external carriers. Should problems regarding the delivery time occur, please, contact us, and we will solve the situation with the carrier.
Goods that are in stock are usually dispatched within two working days of receipt of the order (if you choose on delivery or personal pick up), or after the payment is credited to our account (for cashless payment).
Goods that are out of stock are dispatched as soon as possible. We will keep you informed of the exact date.
Delivery of goods under these Terms and Conditions means the moment when the goods are delivered to you. Should you unreasonably refuse to accept the goods, such act is not considered a failure to fulfil the obligation to deliver the goods on our part or withdrawal from the Contract on your part.
You acquire title to the goods at the moment of payment of the entire purchase price.
5.3.How to proceed when receiving goods?
When accepting the goods, please, check the integrity of the packaging of the goods. If you find any defects, please, inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, such an act shall not be considered an unfounded refusal of the goods.
The moment you accept the goods (or when you were obliged to accept the goods but did not do so in violation of the Contract), you are liable for accidental destruction, damage or loss of the goods.
5.4. What happens if you do not accept the delivery?
If for reasons on your part, it is necessary to deliver the goods repeatedly or otherwise than by the agreed method, you are obliged to pay the costs associated with such delivery.
If you do not accept the goods without any reason, we are entitled to reimbursement of the costs associated with the delivery of the goods and their storage, as well as other costs that we incur as a result of non-acceptance of the goods.
In the case of cash payment upon the delivery of goods on delivery or personal collection, we have the right to withdraw from the Contract. However, if you have already paid the purchase price (in the case of payment prior to the delivery of the goods), we have the right to proceed to the self-help sale of the goods according to Section 2126 of the Civil Code.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1. How can you withdraw from the Contract?
You can withdraw from the purchase contract as a consumer within 14 days from the date of receipt of the goods without giving any reason; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend sending the notice of withdrawal to our delivery address together with the goods or by e-mail and immediately send the goods to our delivery address. A template form can be used to withdraw from the Contract.
6.2. What are the consequences of withdrawal?
By withdrawing from the Contract, the Contract is cancelled from the beginning and is regarded as not being concluded.
If together with the goods, you have been given a gift with your consent, the gift contract shall cease to be effective upon withdrawal from the Contract. You shall send us the gift together with the returned goods.
6.3.How can you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the Contract to our delivery address, to any our facility or to the address of our registered office. Do not send the goods by mail on delivery; we are not obliged to accept such delivery method.
We recommend attaching the following documents to the returned goods:
- A copy of the delivery note and invoice (if issued) or other document proving the purchase of the goods;
- A written statement of withdrawal (on our form or otherwise) and the selected refund method.
Failure to submit any of the above documents shall not prevent the successful handling of your rescission of the Contract in accordance with legal conditions.
6.4. When will you get your money back?
We will refund all funds received within 14 days of withdrawal. However, please, take note that we are not obliged to refund anything to you before you return the goods to us or prove that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivery to you. However, if you have chosen other than the cheapest method of delivery that we offer, we will refund the shipping cost for the most economical method of delivery.
We will refund your money in the same way we received it (unless you tell us otherwise within ten days of withdrawal and you will not incur any additional costs) or in the manner you require.
You shall bear the costs of returning the goods to our address, even if the goods cannot be returned due to their general nature by post.
6.5. What if the returned goods were damaged?
When shipping, pack the goods in suitable packaging to prevent their damage or destruction.
If we find out that the returned goods are damaged, worn, contaminated or partially consumed, you are responsible for such an impairment.
6.6. When can I not withdraw from the Contract?
Under Section 1837 of the Civil Code, it is not possible to withdraw from a contract for the supply of goods that has been modified according to your wishes or specifically for you.
6.7. When can we withdraw from the Contract?
We reserve the right to withdraw from the Contract in the following cases:
- We have not received the purchase price from you at its maturity, or you have not accepted the goods;
- The goods cannot be delivered under the original conditions for objective reasons (mainly because goods are no longer manufactured, goods are no longer delivered to the Czech Republic, etc.);
- The performance becomes objectively, impossible or illegal.
In the event of any of the occurrences mentioned above, we will inform you immediately of our withdrawal.
If you have paid the purchase price in whole or in part, we will refund the amount received within five days of the withdrawal, by wire transfer to the account you have provided for this purpose or from which you made the payment.
7. RIGHTS OF DEFECTIVE PERFORMANCE
Your rights from poor performance shall be governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising rights from poor performance, we will proceed under our Complaint Procedure.
8. ADDITIONAL INFORMATION FOR CONSUMERS
8.1. What authorisations do we have to perform our activities?
We are entitled to sell goods based on a trade license. Our activity is not subject to any other authorisation.
8.2. How do we handle complaints?
We handle any complaints through our contact e-mail. You can also contact the Trade Licensing Office or the Czech Trade Inspection Authority.
8.3. What rights do you have should a consumer dispute arise?
If you are a consumer and if a dispute arises between us that we cannot resolve directly, you have the right to contact the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, web interface: www.coi.cz, www.adr.coi.cz; electronic contact: firstname.lastname@example.org; telephone: +420 296 366 360) or at the Association of Czech Consumers, z. ú. (address: třída Karla IV 430, 500 02 Hradec Králové, web interface: www.konzument.cz , electronic contact: email@example.com , phone: +420 495 215 266) for an out-of-court settlement of the consumer dispute. You may exercise this right no later than one year from the date on which you first exercised the right that is the subject of this consumer dispute.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to file a complaint about the goods or services you have purchased from us and to find an ADR entity.
9. REGISTRATION ON THE WEB INTERFACE
9.1. How can you register on the Web Interface?
You create the user account by signing up via the registration form on the Web Interface or by logging in via Facebook or Google Account. Keep the user account access information secret. We are not responsible for any misuse of the user account by a third party.
The information provided at registration must be true and complete. We may cancel any account that has been created by using false or incomplete information without refund. Should your data change, we recommend that you edit it immediately in your user account.
9.2. What is the purpose of a user account?
Through the user account, you can primarily order goods, track your orders and manage the user account. Any other user account features are always listed on the Web Interface.
9.3. When can we terminate your user account?
Please, take note that we have the right to terminate your user account without compensation if your account violates good morals, applicable law, or these Terms and Conditions.
10. COPYRIGHT PROTECTION, LIABILITY, AND USE OF THE WEB INTERFACE
10.1. Is the content of the website protected by copyright?
The content of the web pages placed on the Web Interface (any texts, including the Terms and Conditions, photographs, pictures, logos, software and others) is protected by our copyright or the rights of others. You may not change, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to make photographs and texts placed on the Web Interface free of charge or for a fee.
The names and designations of products, goods, services, companies, and firms may be registered trademarks of their respective owners.
10.2. Responsibility and use of the web interface
We are not liable for errors resulting from interference by third parties in the Web Interface or from its use contrary to its purpose. When using the Web Interface, you may not use procedures that could interfere with the system or unduly burden the system.
If you engage in any illegal or unethical behaviour while using the Web Interface, we may limit, suspend or terminate your access to the Web Interface without any compensation. In this case, you are also obliged to compensate us for any and all damages that you have demonstrably caused by your actions under this paragraph.
Please, take note that by clicking on some links on the Web Interface, you may leave the Web Interface and be redirected to third party websites
These Terms and Conditions are valid and effective since 8. 4. 2020