TERMS & CONDITIONS
The General Terms and Conditions (hereinafter referred to as GTC) govern the relationship between third parties as Buyers and Artylist s.r.o., offering products under the An Artylist brand as the Seller.
I. General Provisions
These GTC govern the relationship between the Buyer and the Seller arising from concluding a purchase contract.
In submitting a purchase order, the Buyer confirms that they are familiar with these GTC, of which the claims procedure rules form an integral part, and that they agree with them. The Buyer is advised in an adequate manner of these GTC prior to making the order and has the opportunity to become acquainted with them.
The Buyer is a Consumer or a Business.
The Consumer is a natural person, who in concluding and fulfilling the purchase agreement with the Seller does not do so within the scope of their commercial or other business activities or in the exercise of their profession.
In opening commercial relations, the Consumer only provides the Seller with the contact information necessary for the smooth execution of the order, and any data that they want to appear on the purchasing documents.
Legal relations of the Seller with the Consumer not expressly modified by these GTC are governed by the applicable provisions of Act No. 40/1964 Coll., of the Civil Code, and Act No. 634/1992 Coll., on Consumer protection, both as amended, and related regulations.
- An entity registered in the Commercial Register (mainly companies),
- A person that conducts business under a trade license (a sole tradesman registered in the Trade Register),
- A person who conducts business under an authorisation other than a trade license according to special regulations (this includes professions such as advocacy etc.), and
- An entity that operates agricultural production and is registered in the register under a special
The legal relations of the Seller with a Buyer that is a business not expressly modified by these GTC or a contract between the Seller and the Buyer are governed by the applicable provisions of Act No. 513/1991 Coll. of the Commercial Code, as amended, and related regulations. An individual contract between the Seller and the Buyer is superior to the GTC.
If the Buyer is a Consumer, the purchase contract is concluded by the Consumer’s sending of the order and the acceptance of the order by the Seller. The Seller shall immediately confirm the acceptance of the order to the Buyer by sending an informative email to the specified email address or by the delivery of the goods. The resulting contract (including the agreed price) can only be changed or cancelled upon written agreement of the parties or on the basis of legal reasons.
If the buyer is a business, the purchase order by the Business Buyer is a proposal to conclude a purchase contract, and the purchase contract is concluded at the moment of delivery to the Business Buyer of a binding agreement of the Seller with this proposal.
Relations and any disputes arising under the agreement shall be resolved exclusively under the applicable in force laws of the Czech Republic, and shall be resolved by the courts of the Czech Republic.
The Contract is concluded in the Czech language. If the need for a translation of the text of the contract by the Buyer arises, then in the event of a dispute concerning the interpretation of terms, the Czech language contract interpretation takes precedence.
The concluded contract is archived by the Seller for the purpose of its successful fulfilment, and is not accessible to non-participating third parties. Information about individual technical steps leading to the conclusion of a contract is evident from these general terms and conditions, where this process is clearly described. The Buyer has the opportunity to check or change their order before sending it. These general terms and conditions are displayed on the web pages of the Seller’s online Internet store.
The costs of using distance communication devices (telephone, Internet, etc.) for realising the order are the normal costs of the telecommunications service tariffs that the Buyer uses.
I. Security and Protection of Information
The Seller declares that all personal information is confidential, that it will only be used for realising the fulfilment of the contract with the Buyer, and will not be made public or provided to a third party etc., with the exception of situations related to the distribution or payment contact concerning the ordered goods (disclosure of the delivery name and address). Personal data, which are provided by the Buyer to the Seller for purposes of fulfilling the order are collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on Personal data protection, as amended. The Buyer gives their consent to the Seller to collect and process these personal data for the purpose of fulfilment of the contract being concluded, until they express disagreement with such collection by a written statement. The Buyer has the right to access their personal data and the right to have them corrected, including other legal rights to this data.
All prices are contractual. Prices on the online e-shop are always current and valid.
The Buyer shall receive the goods at the price valid at the time of ordering. A Consumer Buyer has the opportunity to become familiar with the total price including VAT and all other charges. This price shall be listed in the order and in the message confirming the acceptance of the order of goods. The Consumer Buyer has the opportunity to become familiar with how long the offer or price remains valid. In the event that these are special order goods or goods not in stock, the Seller shall confirm the price and the delivery date in advance by telephone/email. The Seller is entitled to change this price with regard to the current market situation and depending on the development of the CZK exchange rate versus foreign currencies. If the Buyer does not agree with such a change, they do not confirm the order and it is not realised. If the Buyer is a Consumer, they shall be acquainted in advance of the fact that with such goods on order the conclusion of a contract between both contracting parties does not occur until the moment that the Seller makes the offer precise.
It is possible to order in the following ways:
- Through the online e-shop at the artylist.com address
IV. Withdrawal from Contract
Withdrawal from the contract by a Buyer who is a Consumer
The Consumer Buyer has the right under Section 53 paragraph 7 of the Civil Code to cancel a contract within 14 days from the receipt of goods if the contract was concluded by means of distance communication. If the Consumer decides to take advantage of these rights, they must deliver the withdrawal from the contract within 14 days from receipt of the goods.
The Consumer Buyer must return the goods whole, with complete documentation, undamaged, clean, preferably with the original packaging, in the condition and value of the goods received. In the event that the returned goods are incomplete or damaged, the Seller may reduce the refunded purchase price by a corresponding amount (in accordance with Section 458 paragraph 1 of the Civil Code). Money for returned goods will be returned to the Consumer Buyer within 30 days from the effective withdrawal from the contract by the Buyer.
If the Buyer decides to withdraw from the contract within the above stated period, we recommended speeding up processing by delivering the goods to the address of the Seller, along with an attached cover letter possibly giving the reason for withdrawing from the purchase contract (not a condition), stating the number of the purchase document and the bank account number to which the amount is to be sent, or by a statement stating that the amount will be collected in cash or is to be used as credit for other purchases.
V. Terms of Payment
The Seller accepts the following payment terms:
a) Payment in cash at time of purchase,
b) Payment in advance by bank transfer,
c) Payment by MasterCard or Visa via an online payment portal,
a) Cash on delivery (shipping service collects payment from the customer). The goods shall remain the property of the Seller until full payment is made.
VI. Terms of Delivery:
Personal Pick Up:
Only the Buyer may accept the goods. They must identify themselves sufficiently by showing a valid identity card or a valid passport, and if the Buyer is a legal entity, the original or certified copy of an extract from the applicable register demonstrating the individual’s authorisation to act for the legal entity.
Sending by shipping service:
It is possible to send goods by the EMS shipping service.
A Buyer who is a Business is obligated (this procedure is recommended to the Consumer Buyer) to immediately upon delivery, together with the carrier, check the condition and the contents of the shipment according to the enclosed packing slip. The Buyer is entitled to refuse to accept a shipment which is not in agreement with the purchase contract if, for example, it is incomplete or damaged. If
the buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the hand-over protocol of the carrier.
Notification of an incomplete or damaged shipment must be sent without delay to the email@example.com email address, or a damage protocol must be written with the carrier and sent without undue delay by fax, email, or postal service to the Seller. Later claims of incompleteness or external damage of the shipment does not take away the right of the Buyer to claim a refund, but it does give the Seller the opportunity to prove that there is no conflict with the purchase contract.
VII. Warranty Conditions
The warranty conditions for the goods are governed by the Seller’s claims procedure rules and applicable laws of the Czech Republic. The purchase receipt serves as a warranty document.
VIII. Final Provisions
These general terms and conditions are valid and effective from 1. January 2020. The Seller reserves the right to change the GTC without prior notice.