1. GENERAL PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
Entity: Entrepreneur Ruslan Shypotko under the brand ArtSets
Company ID: 21745005
Registered Address: Augustinova 2078/15, Prague
Email: info@artsets.com Tel: +420 702 004 034
(hereinafter referred to as the “Seller”)
1.2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and the Buyer, who enters into a purchase contract outside of their business activity (hereinafter referred to as the “Buyer”) through the web interface located on the website available at www.artsets.com (hereinafter referred to as the “Online Store”).
1.3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions and the purchase contract are concluded in the Czech and English languages.
2. INFORMATION ABOUT PRODUCTS AND PRICES
2.1. Information about the products, including the prices of individual products and their main characteristics, is provided for each product in the catalog of the Online Store. The prices of the products include all related fees and costs of returning the goods, if the nature of the goods does not allow for a return by regular postal service. The prices of the products remain valid for the period during which they are displayed in the Online Store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2.2. All product presentations placed in the catalog of the Online Store are of an informative nature, and the Seller is not obliged to conclude a purchase contract for these products.
2.3. Information about the costs associated with packaging and delivery of products is published in the Online Store.
2.4. Any discounts on the purchase price of products cannot be combined unless the Seller agrees otherwise with the Buyer.
3. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
3.1. The costs incurred by the Buyer when using means of remote communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are borne by the Buyer. These costs do not differ from the basic rate.
3.2. The Buyer orders products in the following ways:
3.2.1. through their customer account, if they have previously registered in the Online Store,
3.2.2. by filling out the order form without registration.
3.3. When placing an order, the Buyer selects the products, the number of items, the method of payment, and the method of delivery.
3.4. Before submitting the order, the Buyer is allowed to review and change the information they have entered into the order. The Buyer submits the order to the Seller by clicking on the “Complete Order” button. The information provided in the order is considered correct by the Seller. The validity of the order is conditioned on the completion of all mandatory fields in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.
3.5. Immediately after receiving the order, the Seller will confirm receipt of the order to the Buyer via the email address provided by the Buyer in the order. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only upon acceptance of the order by the Seller. Confirmation of receipt of the order is sent to the Buyer’s email address.
3.6. If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send the Buyer an adjusted offer to their email address. The adjusted offer is considered a new proposal for the purchase contract, and the purchase contract is concluded in such a case upon confirmation of the Buyer’s acceptance of this offer to the Seller’s email address.
3.7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives the notice of order acceptance from the Seller. The Buyer may cancel the order by phone or email to the Seller’s contact provided in these Terms and Conditions.
3.8. In the event of an obvious technical error on the part of the Seller in stating the price of products in the Online Store or during the ordering process, the Seller is not obliged to deliver the products to the Buyer at this obviously incorrect price, even if the Buyer has received an automatic confirmation of order receipt according to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send the Buyer an adjusted offer to their email address. The adjusted offer is considered a new proposal for the purchase contract, and the purchase contract is concluded in such a case upon confirmation of the Buyer’s acceptance to the Seller’s email address.
4. CUSTOMER ACCOUNT
4.1. Based on the Buyer’s registration made in the Online Store, the Buyer can access their customer account. The Buyer can order products from their customer account. The Buyer can also order products without registration.
4.2. When registering for a customer account and when ordering products, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the Buyer in the customer account and when ordering products is considered correct by the Seller.
4.3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4.4. The Buyer is not entitled to allow the use of the customer account by third parties.
4.5. The Seller may cancel the user account, especially if the Buyer has not used their user account for a long time, or if the Buyer violates their obligations arising from the purchase contract or these Terms and Conditions.
4.6. The Buyer acknowledges that the customer account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
5. PAYMENT TERMS AND PRODUCT DELIVERY
5.1. The price of the products and any costs associated with the delivery of the products under the purchase contract may be paid by the buyer in the following ways:
5.1.1. Cashless payment by bank transfer,
5.1.2. Cashless payment through the Comgate payment platform. The service provided by Comgate, a.s. is a licensed payment institution under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured, and all information is encrypted. For more information, please visit Comgate.
5.1.3. Card payments: After selecting card payment, you will be redirected to a secure payment gateway page where you will enter your card details. The payment will be processed immediately, and you will be informed about the success of the transaction. You can find more information about this process here.
5.1.4. Payments via bank payment buttons: When selecting payment via bank payment buttons, you will be redirected to your bank’s login page, where you will log in and confirm the payment. The process is quick and secure. Details about bank transfers can be found here.
5.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the products at the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include delivery costs.
5.3. The payment of the purchase price is due within 5 days of the conclusion of the purchase contract, unless the parties agree otherwise.
5.4. The sale of products occurs based on the buyer’s order and depends on the availability of products and the seller’s capacity. The seller undertakes to deliver the ordered products to the buyer at the delivery address specified in the order.
5.5. The delivery of products is carried out by the carrier specified in the order. The buyer is obliged to check the condition and contents of the products without undue delay after receiving them.
5.6. If the goods are delivered with defects, the buyer has the right to receive them without defects; if that is not possible, the buyer is entitled to a discount or withdrawal from the contract.
5.7. The seller is obliged to fulfill the delivery of products within 30 days of the conclusion of the purchase contract unless the parties agree otherwise.
5.8. The seller is not responsible for damages caused by delayed delivery of products if the delay was caused by circumstances beyond the seller’s control.
5.9. Contact details for the Comgate, a.s. payment gateway provider for any complaints or payment inquiries:
Comgate, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
Email: platby-podpora@comgate.cz
Tel: +420 228 224 267
6. RIGHT OF WITHDRAWAL FROM THE CONTRACT
6.1. The buyer has the right to withdraw from the contract in accordance with § 1829 of the Civil Code, without giving a reason and without penalties, within 14 days from the receipt of the product. Withdrawal from the contract can be notified in writing to the seller’s address or electronically to the seller’s email address.
6.2 The buyer is obliged to return the products to the seller within 14 days from the withdrawal from the contract. The buyer is responsible for the costs of returning the products. It is recommended to use the Zásilkovna service for returning the products, although the buyer may choose another shipping method at their discretion. The seller does not refund the buyer for the delivery costs of the products at the original purchase.
6.3 In the event of withdrawal from the contract, the buyer is entitled to a refund of all the money paid to the seller, excluding the delivery costs of the products. The seller is obliged to refund the money to the buyer without undue delay, no later than 14 days from receiving the notice of withdrawal from the contract. The seller may return the funds to the buyer only after receiving the returned products or proof that the products have been sent back, whichever comes first.
6.4 The buyer is responsible for any reduction in the value of the products if the reduction is caused by handling other than what is necessary to determine the nature and functionality of the products. Products that have been partially used, such as if glue has been applied to the product or adhesive paste has been opened, cannot be returned. Products must be returned in their original condition, although it is acceptable for the packaging to be damaged.
6.5 The goods must be returned in their original condition, including all labels, accessories, and complete parts. Although the packaging may be damaged, the product itself must be undamaged and fully functional.
6.6 A proof of purchase, such as an invoice or receipt, must be included with the return. This document serves as proof of purchase and facilitates the return process.
6.7 Returns or exchanges are not possible if the issue arises due to incorrect use or failure to follow the instructions for use. The buyer is responsible for the proper use of the product.
6.8 Refunds will be made via bank transfer to the account provided by you. After receiving our confirmation of receipt and processing of the withdrawal request, please provide us with the account number to which you would like the refund sent. The money will be sent after receiving the returned goods. The refund process may take up to 14 days from receiving the returned goods.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties in the case of defective performance are governed by the relevant generally binding legal regulations, especially the provisions of §§ 1914-1925 and §§ 2099-2117 of the Civil Code.
7.2 If the buyer receives a product with a defect, they have the right to a full or partial replacement of the product at the seller’s expense. The buyer also has the right to a refund of the full price of the product, including the costs of the original delivery.
7.3 The buyer is obliged to inspect the product before using it to ensure it is free from defects. If the buyer discovers a defect, they must promptly contact the seller and stop using the product. To confirm the defect, the buyer must contact the seller in a manner that suits them. It is recommended to use email, to which the buyer should send photographic evidence of the defect.
7.4 The buyer is obliged to report the defect of the product within 45 days of receipt. This procedure ensures that the defect was present at the time of delivery and did not occur during use.
7.5 Refunds for defective products will be made via bank transfer to the account provided by the buyer after the confirmation of receipt and processing of the complaint request. The money will be sent after receiving the defective goods. The refund process may take up to 14 days from receiving the defective goods.
8. PERSONAL DATA PROTECTION
8.1. The seller is the controller of the buyer’s personal data. Personal data is collected, processed, and stored in accordance with applicable legal regulations, particularly GDPR.
8.1.1. Purpose of processing: Personal data is collected for the purpose of fulfilling the order and the purchase contract. It may also be used for marketing purposes if the buyer consents.
8.1.2. Legal basis for processing: The processing of personal data is based on the fulfillment of the contract (Article 6(1)(b) GDPR) and/or on the basis of consent (Article 6(1)(a) GDPR) if consent is given.
8.1.3. Retention period: Personal data will be retained for as long as necessary for the purposes for which it was collected, and for a maximum of 5 years unless required otherwise by applicable law.
8.1.4. Access and rights: The buyer has the right to access, correct, delete, restrict processing, and transfer personal data. The buyer also has the right to lodge a complaint with a supervisory authority.
8.1.5. Cookies: Our website uses cookies. For more information about the use of cookies and how you can decide whether to accept them, please refer to our Cookie Policy on the Privacy Policy page.
8.1.6. Transfer of personal data to third countries: If your data is transferred outside the EU, we will ensure it is protected in accordance with GDPR, for example, by using standard contractual clauses.
8.2. The buyer can withdraw their consent to receive marketing materials at any time by clicking on the “unsubscribe” link in the emails or by contacting the seller using the provided contact details.
8.3. Contact information for personal data protection: If you have any questions or requests regarding the processing of personal data, you can contact the seller using any of the provided contact details. However, for faster processing, it is recommended to use the email address: info@artsets.cz.
9. FINAL PROVISIONS
9.1. These terms and conditions are effective from August 28, 2024.
9.2. The seller reserves the right to amend the terms and conditions, which will take effect on the date of their publication on the online store.
9.3. The legal relationships between the seller and the buyer are governed by the Czech legal order.
9.4. In the event of any dispute between the parties, they will strive for an out-of-court settlement. If the dispute cannot be resolved amicably, the competent court in the Czech Republic will decide.