Terms and Conditions- Sale of Paintings

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the sole proprietor Alois Láznička, with registered office at V Koutech 9, Poříčí nad Sázavou, 25721, ID No.: 22271562 (hereinafter referred to as the "Seller"), govern, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at www.laznicka-art.com (hereinafter referred to as the "Website") through the web interface of the store (hereinafter referred to as the "Web Interface of the Store").

1.2. Unless the contracting party is a consumer, relationships not regulated by these Terms and Conditions shall be governed by the Civil Code No. 89/2012 Coll.; however, in such cases, the provisions regarding consumer contracts contained in Act No. 89/2012 Coll. and other consumer protection regulations do not apply.

1.3. Deviating provisions from the Terms and Conditions can be agreed upon in the Purchase Contract. Deviating agreements 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 the Terms and Conditions are prepared in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the validity period of the previous version of the Terms and Conditions.

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1. The Web Interface of the Store contains information about the goods, including the prices of individual items and the costs of returning goods if the goods cannot be returned by normal postal methods due to their nature. Prices of goods are listed inclusive of VAT and all related fees. The prices of goods remain valid as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed terms.

2.2. The Web Interface of the Store also contains information about packaging and delivery costs associated with the goods.

2.3. To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains information about:

2.3.1. the goods being ordered (the Buyer "inserts" the goods into the electronic shopping cart of the Web Interface of the Store),

2.3.2. the method of payment for the purchase price of the goods, details about the desired method of delivery of the ordered goods, and

2.3.3. information about the costs associated with the delivery of goods (collectively referred to as the "Order").

2.4. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data entered into the Order, including the possibility for the Buyer to identify and correct errors made while entering data. The Buyer sends the Order to the Seller by clicking on the "Confirm Order" button. The data provided in the Order are considered correct by the Seller. The Seller shall immediately confirm receipt of the Order to the Buyer by email, to the Buyer's email address specified in the user account or in the Order (hereinafter referred to as the "Buyer's Email Address").

2.5. The Seller is always entitled to request additional confirmation of the Order from the Buyer (e.g., in writing or by telephone), depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated transport costs).

2.6. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (confirmation), which the Seller sends to the Buyer by email to the Buyer's Email Address.

2.7. The Buyer agrees to the use of remote communication means in concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, and such costs do not differ from the basic rate.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1. The price of goods and any related delivery costs under the purchase agreement can be paid by the buyer to the seller in the following ways:

3.1.1. In cash at the supplier's registered office or at the supplier's place of business.

3.1.2. Cash on delivery, if the goods are delivered by a shipping company (valid only within the territory of the Czech Republic and Slovakia).

3.1.3. By bank transfer (goods will be dispatched only after the purchase price is credited to the seller's account).

3.1.4. Cashless payment via a payment system.

3.2. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. For cashless payments, the purchase price is due within 5 days of concluding the purchase agreement.

3.3. In the case of cashless payment, the buyer is required to include the variable symbol of the payment. The buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

3.4. For cashless payments, the seller will dispatch the ordered goods only after the purchase price has been paid.

3.5. Any discounts on the price of goods offered by the seller to the buyer cannot be combined.

3.6. The seller will issue a tax document—an invoice—for payments made under the purchase agreement. The seller is not a VAT payer. The tax document—invoice—will be issued by the seller to the buyer after the delivery of the goods and will be sent via email.

3.7. The seller may cancel the order only if the goods are no longer available or if there is a significant change in the price. The buyer will be informed immediately of this situation.

4. WITHDRAWAL FROM THE PURCHASE AGREEMENT

4.1. The buyer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of goods customized according to the buyer's wishes or for their person, or for the supply of audio or video recordings or computer software if the original packaging has been broken.

4.2. If it is not a case mentioned in Article 4.1 or another case where withdrawal from the purchase agreement is not permitted, the buyer—consumer is entitled to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days of receiving the goods. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The buyer may send the withdrawal from the purchase agreement, among other means, through the complaint form available on the seller's website.

4.3. In the event of withdrawal from the purchase agreement under Article 4.2 of these terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal notice to the seller. If the buyer withdraws from the purchase agreement, they bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular postal means due to their nature.

4.4. In the event of withdrawal from the purchase agreement under Article 4.2 of these terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase agreement by the buyer, by transfer to the bank account from which the seller received the payment from the buyer, or to an account designated by the buyer (if the payment for the goods was made outside of a bank account). The seller is also entitled to return the funds provided by the buyer upon the return of the goods by the buyer or in another agreed manner, provided this does not incur additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

4.5. The seller is entitled to unilaterally offset a claim for damages caused to the goods against the buyer's claim for the return of the purchase price.

4.6. In cases where the buyer is entitled to withdraw from the purchase agreement under Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time, up until the moment the buyer takes possession of the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, via a bank transfer to the account designated by the buyer.

4.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness, and the buyer is obliged to return the provided gift to the seller along with the goods.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. If the method of transport is agreed upon based on a specific request by the buyer, the buyer assumes the risk and any additional costs associated with such transport method.

5.2. If the seller is obliged under the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer is required to accept the goods upon delivery.

5.3. If, for reasons attributable to the buyer, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is required to cover the costs associated with repeated delivery or with the alternate method of delivery.

5.4. Upon receiving goods from the carrier, the buyer is obligated to check the integrity of the packaging and immediately report any defects to the carrier. If the packaging shows signs of tampering or unauthorized access, the buyer may refuse to accept the shipment from the carrier. This does not affect the buyer's rights regarding liability for defects in the goods or other rights arising from applicable legal regulations.

5.5. Additional rights and obligations of the parties related to the transport of goods may be governed by the seller's specific delivery terms if issued by the seller.

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

6.1. The rights and obligations of the contracting parties regarding defective performance are governed by the applicable legal regulations (in particular, 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).

6.2. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller guarantees to the buyer that at the time the buyer receives the goods:

6.2.1. The goods possess the properties agreed upon by the parties, or if no agreement is made, the properties described by the seller or manufacturer or expected by the buyer given the nature of the goods and based on advertising.

6.2.2. The goods are suitable for the purpose specified by the seller or for the usual purpose for which goods of this kind are used.

6.2.3. The goods match the quality or design of the agreed sample or model, if the quality or design was determined based on an agreed sample or model.

6.2.4. The goods are in the appropriate quantity, measure, or weight.

6.2.5. The goods comply with legal requirements.

6.3. If a defect becomes apparent within six months of receipt, the goods are presumed to have been defective at the time of receipt.

6.4. The provisions of the terms and conditions concerning rights from defective performance do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by normal use, to used goods for defects corresponding to the level of use or wear present at the time of acceptance by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to rights from defective performance if the buyer knew about the defect before taking possession of the goods or if the buyer caused the defect.

6.5. Claims arising from liability for defects in goods are asserted with the seller. However, if the confirmation issued by the seller regarding the extent of rights arising from liability for defects (in accordance with Section 2166 of the Civil Code) specifies another person designated for repair, located at the seller's or a location closer to the buyer, the buyer shall assert the right to repair with the person designated for repair. Except in cases where another person is designated for repair as stated above, the seller is obliged to accept the complaint at any establishment where it is possible given the range of sold products or services, or at the registered office or place of business. The seller must provide the buyer with written confirmation of when the buyer exercised their right, what the complaint entails, and the method of handling the complaint requested by the buyer; additionally, the seller must provide confirmation of the date and manner of resolving the complaint, including confirmation of the repair performed and its duration or written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform repairs.

6.6. The seller reserves the right to address the obligation from defective performance through repair, provided the nature of the defective performance allows for this solution.

6.7. The buyer must inform the seller of their chosen right when reporting the defect or without undue delay after reporting the defect. The buyer cannot change their chosen solution without the seller's consent unless the buyer requested a repair of a defect that proves to be irreparable. The seller reserves the right to prioritize.

6.8. A person entitled under Section 1923 of the Civil Code is also entitled to reimbursement of costs reasonably incurred in asserting this right. However, if the right to reimbursement is not exercised within one month after the defect claim period has expired, the court will not grant the right if the seller objects that the reimbursement claim was not made in time.

6.9. Additional rights and obligations of the parties concerning the seller's liability for defects may be governed by the seller's complaint policy.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8. PERSONAL DATA PROTECTION

8.1. The protection of personal data for buyers who are natural persons is provided under Act No. 101/2000 Coll., on Personal Data Protection, as amended.

8.2. The buyer agrees to the processing of personal data by the seller for the purposes of fulfilling the rights and obligations arising from the purchase agreement and for managing the user account. Unless the buyer chooses otherwise, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data as per this article is not a condition that would, in itself, prevent the conclusion of a purchase agreement.

8.3. The seller may entrust a third party as a processor to handle the buyer's personal data. Except for persons delivering goods, the personal data will not be provided to third parties by the seller without the prior consent of the buyer.

8.4. Personal data will be processed for an indefinite period. The data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9. COMMERCIAL COMMUNICATIONS AND COOKIES

9.1. The buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and Amendments to Certain Laws (Act on Certain Information Society Services), as amended, to the seller sending commercial communications to the buyer's electronic address or telephone number. The seller fulfills their information obligation toward the buyer regarding the processing of personal data for the purpose of sending commercial communications in accordance with Article 13 of the GDPR through a separate document.

9.2. The buyer agrees to the storage of cookies on their computer. If purchasing on the website and fulfilling the seller's obligations from the purchase agreement can occur without storing cookies on the buyer's computer, the buyer may withdraw their consent under the preceding sentence at any time.

10. PRODUCT INFORMATION

10.1. The seller notes that the "color fidelity" of photographs may not perfectly match reality and also depends on the quality of the buyer's monitor.

11. FINAL PROVISIONS

11.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive the buyer, who is a consumer, of protection afforded by provisions of the legal order that cannot be contractually derogated from and that would apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

11.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.