Terms of service
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as„business conditions“)of the company MADESTAN a.s., with its registered office at Nerudova 243/27, Praha, 11800, ID number: 28997948, entered in the Commercial Register kept by the Municipal Court in Prague, Section B, Insert 103518 (hereinafter referred to as„seller“) regulate in accordance with the provisions of § 1751 paragraph 1. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as theCivil Code“) the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of the purchase contract (hereinafter referred to as the „purchase contract“)concluded between the seller and any natural person (hereinafter the „buyer“) through the seller’s online store. The online store is operated by the seller at the web address https://shop.designum-galerie.cz/ (hereinafter referred to as the„website“), via the website interface (hereinafter referred to as the „web interface“).
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity, or a person who acts when ordering goods for the purpose of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed on in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in Czech language. The purchase contract can be concluded in Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer’s registration made on the website, the buyer can access their user interface. From the user interface, the buyer can order goods (hereinafter referred to as „user account“). If the web interface of the online store allows it, the buyer can also order goods without registration, directly from the web interface of the online store.
2.2. When registering on the website and when ordering goods from the online store, the buyer is obligated to state all data correctly and truthfully. The buyer is obligated to update their user account information upon any change. The data provided by the buyer in their user account, and the data provided when ordering goods is considered to be current and updated.
2.3. Access to the specific user account is secured with a username and password. The buyer is obligated to maintain confidentiality regarding the information necessary to access their private user account
2.4. The buyer is not entitled to grant access to their user account to any third parties.
2.5. The seller may cancel a user account, especially if the buyer does not use the account for more than 24 months, or if the buyer violates any obligations in the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that their user account may not always be available as outages may occur. Outages may occur during necessary software and hardware maintenance by the seller, or necessary maintenance of third-party hardware and software.
3. CLOSING THE PURCHASE CONTRACT
3.1. All presented goods in the online store’s web interface are of informative nature, and the seller is not obliged to enter into a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The online stores web interface contains information about the goods, including prices of individual items and the cost of returning the goods if they, for any reason, cannot be returned by mail. The prices of goods are listed including the value added tax (VTA) and all related fees. The prices of the goods remain valid as long as they are displayed on the online store. This provision does not limit the seller’s ability to enter into a purchase contract under individually agreed conditions.
3.3. The online store contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods is listed in the web interface of the online store and is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods online, the buyer must fill out an order form in the web interface of the online store. The order form contains information about the following:
3.4.1. Ordered goods (the ordered goods are added to the electronic shopping cart on the web interface by the buyer).
3.4.2. The method selected for payment, and information on the selected method of delivery of the ordered goods.
3.4.3. Information about the costs associated with the delivery of goods (hereinafter collectively referred to as„order“).
3.5. Before sending the order out to the seller, the buyer is promted to check, adjust or change the data that the buyer entered for the order, to ensure everything is correct and truthful. The buyer sends the order to the seller by clicking on “Complete order”. The information provided with the order is deemed correct by the seller. Immediately after receiving the order, the seller will confirm the receipt of the order and send a confirmation e-mail to the buyers e-mail address provided in the user account or in the order itself (hereinafter referred to as the ,,buyer’s email address“).
3.6. Depending on the nature of the order, the seller is entitled to ask the buyer for additional confirmation on the order in writing or by telephone (quantity of goods, purchase price, estimated shipping cost etc.).
3.7. The contractual relationship between the seller and the buyer is made when the buyer receives and accepts the order via e-mail. Order confirmation is sent by the seller to the buyer.
3.8. The buyer agrees to the use of digital communication when concluding the purchase contract. Any costs incurred by the buyer during the use of online communication in connection with concluding the purchase contract (cost of internet connection, cost of telephone lines) are paid by the buyer.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract, the buyer may pay the seller in the following ways:
- wiretransfer to the seller’s account: account number 2110512057/2700, UniCredit Bank Czech Republic, a.s. (hereinafter referred to as the„Seller's Account“);
- - cashless payment via the GoPay payment system
- payment card (debit or credit card)
- cash on delivery
4.2. Along with the purchase price, the buyer is obligated to cover any additional costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit of any kind from the buyer. This does not affect the provisions in Article 4.5 of the terms and conditions regarding the obligation to pay the purchase price of goods in advance.
4.4. In the case of a non-cash payment, the buyer is obligated to pay the purchase price of the goods and provide a variable symbol for the payment. In the case of a non-cash payment, the buyers obligation to pay the purchase price is fulfilled when the said amount is credited to the seller’s account.
4.5. In the event that the buyer does not provide additional payment confirmation of the order (Article 3.6), the seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.6. Any discounts on the goods provided by the seller to the buyer cannot be combined with any other offers or promotions.
4.7. If it is customary or is so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax (VTA). The tax document (invoice) will be issued by the seller to the buyer after payment of the price of goods and will be sent in an electronic form to the buyers e-mail.
5. WITHDRAWL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that according to the provisions § 1837 of the Civil Code, it is not possible to withdrawal from the purchase contract for the supply of goods that have been adjusted or modified according to the buyers wishes. It is not possible to withdrawal from the purchase contract for the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery. It is not possible to withdrawl from the purchase contract for the delivery of goods in sealed packaging which has been removed by the customer and cannot be returned for hygienic reasons, and for the supply of audio and video recording or computer program that has been removed from its original packaging by the customer.
5.2. If not referring to the case in Article 5.1 of the terms and conditions, or another case where it is not possible to withdrawal from the purchase contract, the buyer has the right to withdrawal from the purchase contract fourteen (14) days after receiving the goods in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. If the subject of the purchase contract is several types of goods, several parts or several deliveries, the 14 day period runs from the date of receipt of the last good from the order. Withdrawl from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdrawl from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawl from the purchase contract form can be sent by the buyer to the address of the seller’s office, or to the seller’s e-mail address: shop@designum-gallery.cz.
5.3. In the event of withdrawl from the purchase contract in accordance with Article 5.2 of the Terms and Conditions, the purchase contract is canceled. The buyer must return the goods to the seller within fourteen (14) days of the delivery of the withdrawl from purchase contract to the seller. If the buyer withdrawls from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by mail due to the nature of the goods.
5.4. In the event of withdrawl from the purchase contract in accordance with Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of receiving the withdrawl from the purchase contract from the buyer. If the buyer withdrawls from the purchase contract, the seller is not obligated to return the received funds to the buyer before the buyer returns the goods, or proves that the goods have been sent to the seller.
5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdrawl from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdrawl from the purchase contract at any time, until the goods are passed on to the buyer. In such case, the seller will return the purchase price to the buyer without undue delay to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with purchased goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdrawals from the purchase contract, the gift contract for such gift looses its effect and the buyer is obligated to return given gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transportation is contracted on the basis of a special request from the buyer, the buyer bears the risks and any additional costs associated with the particular mode of transport and delivery.
6.2. If the seller is obligated under the purchase contract to deliver the goods to the place specified by the buyer, the buyer is obligated to take over the goods upon delivery.
6.3. In the event that for reasons on the buyers side, the delivery of goods is repeatedly unsuccessful, or the delivery method is different to the one stated in the order, the buyer is obligated to pay the costs associated with the repeated delivery of goods, or any other costs associated with the change in the method od delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the state of the packaging, and in case of any defects, immediately notify the carrier. In the case of discovering a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to assume the shipment from the carrier.
6.5. Other rights and obligations of parties during the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7.RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
7.2. The seller assures the buyer that the goods are free of any defects upon reciept. In particular, the seller is responsible for the following points at the time of handover to the buyer:
7.2.1. The goods have the characteristics agreed upon by both parties. In the absence of an agreement, the goods have the characteristics described by the seller or manufacturer and expected by the buyer, with regard to the nature of the goods.
7.2.2. The goods are fit for the purpose stated by the seller, or can be used in the same way as goods of this kind and nature are usually used for.
7.2.3. The goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model.
7.2.4. The goods are in the appropriate quantity, measure or weight.
7.2.5. The goods comply with the requirements and legal regulations.
7.3. The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price has been granted. The provisions of Article 7.2 of Terms and Conditions shall also not apply to the usual wear and tear of goods caused by their normal use, as well as to used goods with a defect corresponding to the degree of use or wear and tear that the goods have had when assumed by the buyer.
7.4. If a defect becomes apparent within six months of receipt of the good, the goods are demmed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in the customer goods within twenty-four (24) months of receipt.
7.5. The rights arising from defective performance are exercised by the buyer at the seller’s address where a complaint can be resolved, or at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller’s liabilitiy for defects may be regulated by the seller’s complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
8.3. The handling of customer complaints is provided by the seller via e-mail at shop@designum-gallery.cz.The seller will send information about the settlement of the buyer’s complaint to the buyer’s e-mail address.
8.4. The Czech Trade Inspection Authority, with its office registered at Štěpánská 567/15, 120 00 Prague 2, identification number: 000 20 869, web address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform used to resolve disputes between the seller and the buyer under the purchase agreement can be found at: http://ec.europa.eu/consumers/odr.
8.5. The European Consumer Center of the Czech Republic, with its office registered at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz, is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods on the basis of a trade license. The trade license inspection is performed by the relevant trade licensing office within its competence. The Office of Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of change of circumstances related to §1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of the buyer’s personal data is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name, surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as „personal data“).
9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising the right and obligation under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses a different option, the buyer agrees to the processing of personal data by the seller, also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the consulsions of a purchase agreement.
9.4. The buyer acknowledges that they are obligated to state their personal data correctly and truthfully (during registration of the buyers user account and when ordering from the online store). The buyer also acknowledges that they are obligated to inform the seller without undue delay about any changes in their personal data.
9.5. The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without prior consent by the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form and a non-automatic manner.
9.7. The buyer confirms that the personal data provided is accurate, and the buyer is informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes the seller or processor (Article 9.5) performs the processing of personal data that is contrary to the protection of private and personal life of the buyer or contrary to the law, especially if the personal data is inaccurate with respect to the purpose of their processing, they may:
9.8.1. Ask the seller of processor of the personal data for an explanation
9.8.2. Require the seller or processor to remedy the situation created.
9.9. If the buyer requests information about the processing of their data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provisions stated in the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The buyer agrees to receiving messages related to the goods, services and business updates of the seller to their e-mail address. The buyer further agrees to receiving commercial communication from the seller to the buyer’s e-mail.
10.2. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the online store and fulfill the seller’s obligations under the purchase agreement without storing so-called cookies on the buyers computer, the buyer may revoke the consent under the previous sentence at any time.
11. DELIVERY
11.1. Messages will be delivered to the buyer’s provided e-mail address.
12. FINAL PROVISIONS
12.1. If the relationaship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. This does not affect the customers rights under generally binding legislation.
12.2. If any provisions of the terms and conditions is or becomes invalid or ineffective, the invalid provision will be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.