Terms and conditions

Terms and Conditions of the online store Artmagico.com

 

1. Definitions

For the purposes of these Terms and Conditions, the following terms have the following meanings:

1.1. Seller is Artmagico Artsupplies s.r.o., with its registered office at Sokolovská 428/130, Karlín, 186 00 Prague, Identification Number: 07428791, registered in the Commercial Register kept by the Municipal Court in Prague, file number C 300858.

1.2. Civil Code is Act No. 89/2012 Coll., the Civil Code, as amended.

1.3. Buyer-Consumer is a customer who enters into a purchase contract with the Seller outside the scope of their business activities or outside the scope of the independent performance of their profession within the meaning of § 419 of the Civil Code.

1.4. Buyer-Entrepreneur is a customer who enters into a purchase contract with the Seller within the scope of their business activities or within the scope of the independent performance of their profession within the meaning of § 420 paragraph 1 of the Civil Code, especially if they provide their Identification Number (IČO) and Tax Identification Number (DIČ).

1.5. Buyer is a collective term for both Buyer-Consumer and Buyer-Entrepreneur.

1.6. Online store is a portal accessible to Buyers at the web address www.artmagico.com, operated by the Seller and used for placing orders for goods from the Seller's offer.

1.7. Purchase contract is a contract concluded between the Seller and the Buyer through the Online Store in accordance with the procedure specified in Article 4 of these Terms and Conditions.

1.8. Purchase Price is the final total purchase price in Czech currency or in euros, including the price of the selected or ordered goods and services, the price for the delivery of goods (including transportation and packaging costs), and all taxes and fees.

1.9. Order is a binding set of requests created by the Buyer, at their discretion, from the goods and services and the method of delivery listed in the Online Store, which they send to the Seller. The order is a proposal to conclude a contract (an offer) within the meaning of § 1731 of the Civil Code.

2. Introductory Provisions

2.1. These terms and conditions are effective and valid from May 1, 2021, and apply to the conclusion of all purchase contracts entered into by the Seller and the Buyer regarding the purchase of goods from the Seller's offer in the Online Store or for services provided in connection with the offered goods.

2.2. These terms and conditions are available to the Buyer at any time at the web address https://artmagico.com/terms-and-conditions.

2.3. Unless otherwise expressly agreed in these terms and conditions or between the parties, the rights and obligations of the parties relating to the goods shall also apply mutatis mutandis to the provision of services.

2.4. These terms and conditions are an integral part of every Purchase Contract in accordance with § 1751 of the Civil Code, unless the Buyer and the Seller expressly and in writing agree to different conditions.

2.5. These terms and conditions shall also apply appropriately to all purchase contracts concluded by the Seller and the Buyer through means of distance communication (i.e., by phone, fax, email, etc.).

3. User account

3.1. Based on the Buyer's registration in the Online Store (if this feature is currently enabled) and subsequent login to the Online Store, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods and track the status of their orders, view order history, issued invoices, and monitor the status of processed and completed orders. The Buyer can also place orders without registration directly from the web interface of the Online Store.

3.2. When registering in the Online Store and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The information provided in the user account must be updated by the Buyer in the event of any changes. The information provided by the Buyer in the user account and when ordering goods is considered correct, up-to-date, and valid by the Seller.

3.3. Access to the user account is secured by a username and password. The Buyer is obliged to choose a sufficiently secure password, and in case of suspicion or knowledge of the password being known to unauthorized persons or its misuse, the Buyer is obliged to promptly inform the Seller of this fact and change the password in the user interface of the Online Store. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

3.4. The Buyer is not authorized to allow third parties to use their user account.

3.5. The Seller may terminate the Buyer's user account, especially if the Buyer has not used their user account for more than 12 months (i.e., during this time, they have not logged into their user account even once) or if the Buyer violates their obligations from the Purchase Agreement, including obligations arising from these terms and conditions. The Buyer is entitled to request the cancellation of their user account from the Seller at any time, and the Seller is obliged to delete the account and all data contained therein without undue delay upon receiving such a written request from the Buyer. For this purpose, the Buyer can contact the Seller at the email address info@artmagico.com.

3.6. The Buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the hardware and software equipment of the Seller or necessary maintenance of the hardware and software equipment of third parties.

4. Method of Concluding a Purchase Agreement

4.1. All information about goods displayed in the Online Store is of informative nature and does not constitute a proposal for the conclusion of a contract within the meaning of § 1732 paragraph 2 of the Civil Code. Based on the publication of information about goods in the Online Store, the Seller is not obligated to conclude a Purchase Agreement for this goods.

4.2. The costs incurred by the Buyer when using distance communication means in connection with the conclusion and performance of the Purchase Agreement shall be borne exclusively by the Buyer.

4.3. The Online Store contains information about the goods offered for sale by the Seller (subject to the current stock availability of the Seller). For each type of goods, the following information is provided, in particular: the designation of the goods, a description of its characteristics, the Purchase Price, and information about stock availability (the information about stock availability is for reference only). The individual components of the Purchase Price remain valid as long as they are displayed in the Online Store. This provision does not limit the possibility of the Seller and the Buyer to conclude a Purchase Agreement on individually agreed terms. If images are provided in the Online Store for individual products or services, they are always for illustrative purposes only.

4.4. To eliminate any doubt, it is stated that if services or similar performances are offered in the Online Store, the provisions of these terms and conditions relating to the sale of goods shall be applied accordingly unless expressly stated otherwise or unless special terms and conditions are provided for in relation to the relevant service.

4.5. The Buyer places the selected goods they intend to purchase into the virtual shopping cart.

4.6. After logging in or providing their identification data, selecting the delivery method and payment method for the selected goods, the Buyer is informed of the total Purchase Price of their order.

4.7. Information about the composition and use of the purchased goods can be found by the Buyer on the website www.artmagico.com and, depending on the specific type of goods, in the package leaflet enclosed with the goods or on the packaging of the goods. The Buyer is obliged to familiarize themselves with this information before using the goods and to follow it.

4.8. Before confirming the order by sending it, the Buyer may at any time check and change the input data they have entered, including the selected goods and services, their quantity, method of delivery, payment method, etc.

4.9. Prior to confirming the order, the Buyer is explicitly made aware of the provisions of these terms and conditions that could be surprising or unexpected. They are also informed of the right to withdraw from the contract and how to exercise it, as well as cases where withdrawal from the contract is not possible.

4.10. Before confirming the order, the Buyer is given the opportunity to become thoroughly acquainted with these terms and conditions. By ticking the agreement to the terms and conditions in the Online Store, the Buyer agrees to these terms and conditions, confirms that they have become familiar with their content, and acknowledges that they are an integral part of the Purchase Agreement being concluded.

4.11. By sending the order, which contains the essential elements for the conclusion of the Purchase Agreement, the Buyer makes an offer to the Seller to conclude a Purchase Agreement and confirms that the information and identification data provided when creating the order are complete, true, accurate, and valid. A sent (i.e., submitted) order is irrevocable.

4.12. The Seller shall confirm the receipt of the Buyer's order as soon as it is received, by electronic mail to the email address provided by the Buyer during registration of their user account or in the order. The confirmation of the receipt of the order is not an acceptance of the order by the Seller.

4.13. The Purchase Agreement between the Seller and the Buyer is concluded at the moment when the Buyer receives a confirmation of the acceptance of the order by the Seller. This creates an obligation for the Seller to procure and deliver the goods and services in accordance with the Purchase Agreement and these terms and conditions, and an obligation for the Buyer to take over and pay the Purchase Price for the goods and related services.

4.14. To eliminate any doubt, it is stated that if the acceptance of the Buyer's order is not confirmed by the Seller, the Purchase Agreement is not concluded. The Buyer acknowledges that the Seller is not obligated to conclude a Purchase Agreement with the Buyer, especially with regard to the current stock availability of the ordered goods if the Buyer is a person who has previously materially breached a Purchase Agreement or these terms and conditions or a person who is in arrears with the payment of due obligations to the Seller.

4.15. The Purchase Agreement is concluded in the Czech language and is governed by the laws of the Czech Republic.

5. Payment terms

6. Delivery terms

6.1. The Seller undertakes to deliver the goods to the Buyer within the period specified in the Purchase Agreement, but no later than four (4) weeks from the date of the Purchase Agreement's conclusion (in the case of choosing non-cash payment under Article 5.2(c) or Article 5.2(d) above, from the date the full purchase price for the goods is credited to the Seller's account, if this moment occurs after the conclusion of the Purchase Agreement), unless the parties agree otherwise. The Buyer acknowledges that the delivery date indicated in the user interface of the Online Store is only approximate.

6.2. If the Seller is to send the goods, the Seller shall hand over the item to the first carrier for transportation to the Buyer-Business upon the transfer to the first carrier for transportation to the Buyer-Business and allow the Buyer-Business to assert its rights under the transport contract against the carrier.

6.3. The goods are considered delivered to the Buyer-Consumer when they are handed over to the carrier.

6.4. The Buyer is obliged to accept the ordered goods and properly inspect and check them upon receipt. The Buyer is obliged to immediately inspect the quantity and type of the received goods to ensure it matches the quantity and type of goods agreed upon in the Purchase Agreement and the quantity and type of goods specified in the delivery note/invoice, and to report any defects discovered to the Seller in accordance with Article 8 of these Terms and Conditions.

6.5. In the event that the goods are damaged during transport by the carrier, the Buyer is obliged to draw up a record of the damage with the carrier and not accept the delivered goods. If the Buyer discovers damage caused by transport only after taking possession of the goods, the Buyer must immediately, but no later than within 24 hours of delivery, inform the Seller of this fact by email at info@artmagico.com.

6.6. A shipment that is returned to the Seller as unclaimed will be resent to the Buyer only at the Buyer's explicit request, and the Buyer is always obliged to pay the Seller the costs associated with resending the shipment.

7. Odstoupení od Kupní smlouvy

7.1. Withdrawal from the Purchase Agreement by the Buyer-Consumer

7.1.1. In accordance with Section 1829(1) of the Civil Code, the Buyer-Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods. If the Purchase Agreement concerns several types of goods or the delivery of several parts, this period runs from the day of the last delivery. Exceptions are explicitly stated in Article 7.1.2, 7.1.3, and Article 7.1.4 of these Terms and Conditions and other cases specified in Section 1837 of the Civil Code.

7.1.2. The Buyer-Consumer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of goods that have been customized according to the Buyer's wishes or for their person or based on an individual agreement between the Buyer-Consumer and the Seller.

7.1.3. The Buyer-Consumer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of goods in sealed packaging that the Buyer-Consumer has removed from the packaging, and for hygiene reasons, it cannot be returned.

7.1.4. The Buyer-Consumer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of sound or image recordings or computer programs if the original packaging has been violated; it is not possible to withdraw from the Purchase Agreement for the delivery of newspapers, periodicals, or magazines; and it is not possible to withdraw from the Purchase Agreement for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the prior express consent of the Buyer-Consumer before the withdrawal period expires, and the Seller informed the Buyer-Consumer before concluding the contract that in such a case, the Buyer-Consumer has no right to withdraw from the Purchase Agreement.

7.1.5. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Article 7.1.1 of these Terms and Conditions.

7.1.6. If the Buyer-Consumer withdraws from the Purchase Agreement, the Buyer-Consumer shall bear the costs associated with returning the goods to the Seller, which the Seller explicitly points out to the Buyer-Consumer in accordance with Section 1820(1)(g) of the Civil Code. These costs may include, for example, the cost of providing suitable packaging material for the return of the goods to the Seller, the cost of transport, and insurance of the returned goods.

7.1.7. The Buyer-Consumer may withdraw from the contract in the following ways:

(a) by sending a completed withdrawal form, which is available to the Buyer-Consumer in the Online Store HERE, to the address Lanškrounská 381/5a, 568 02 Svitavy;

the sample withdrawal form is also an attachment to these Terms and Conditions;

The Seller shall confirm to the Buyer-Consumer without undue delay the receipt of the completed withdrawal form by sending it to the email address provided by the Buyer-Consumer on the withdrawal form, and if it has not been provided, then to the email address provided by the Buyer-Consumer during user account registration or in the Order;

(b) by sending a completed withdrawal form, as described under Article 7.1.7(a) of these Terms and Conditions, by email to info@artmagico.com;

7.1.8. If the Buyer-Consumer withdraws from the Purchase Agreement, the Buyer-Consumer shall return the goods to the Seller no later than fourteen (14) days from withdrawing from the Purchase Agreement.

7.1.9. In accordance with Section 1833 of the Civil Code, the Buyer-Consumer is liable to the Seller for any decrease in the value of the goods resulting from handling the goods in a manner other than what is necessary to ascertain the nature and characteristics of the goods, such as a decrease in value caused by inadequate packaging of the goods to prevent damage during transport back to the Seller.

7.1.10. In accordance with Section 1832(2) of the Civil Code, the Seller shall refund to the Buyer-Consumer the costs of shipping the goods that were part of the purchase price, in an amount corresponding to the cheapest method of shipping offered, even if the Buyer-Consumer chose a different, more expensive method of shipping.

7.1.11. In accordance with Section 1832(4) of the Civil Code, the Seller is not obliged to refund the received purchase price or a deposit on the purchase price until the Buyer-Consumer returns the goods.

7.1.12. In accordance with Section 1833 of the Civil Code, the Seller may unilaterally set off the claim for compensation for the decrease in the value of the goods (as defined in Section 1833 of the Civil Code) against the Buyer's claim for a refund of the purchase price. The Seller shall refund the Buyer-Consumer the purchase price paid by the Buyer-Consumer, reduced by the amount by which the value of the goods has been reduced, for which the Buyer-Consumer is liable in accordance with Section 1833 of the Civil Code and Article 7.1.9 of these Terms and Conditions.

7.2. Withdrawal from the Purchase Agreement by the Buyer-Business

7.2.1. The Buyer-Business has the right to withdraw from the Purchase Agreement under Section 2001 and subsequent sections of the Civil Code, by written withdrawal stating the reasons for the withdrawal, sent to the Seller by email at info@artmagico.com. Failure to deliver the goods by the Seller in a timely manner in accordance with these Terms and Conditions constitutes a material breach of the contract for which the Buyer-Business may withdraw from the contract.

7.2.2. In the event of withdrawal from the Purchase Agreement by the Buyer-Business, the provisions of points 7.1.6, 7.1.8, 7.1.9, 7.1.12,

7.2.3. The Seller shall refund the Buyer-Business the received purchase price within fourteen (14) days of receiving the written withdrawal from the Purchase Agreement, using the same method of payment that the Buyer-Business used to make the payment.

7.3. Withdrawal from the Purchase Agreement by the Seller

7.3.1. Until the goods are taken over by the Buyer, the Seller may withdraw from the Purchase Agreement at any time if there is a serious reason (e.g., when the Seller does not have sufficient stock of the goods). In such a case, the Seller shall refund the Purchase Price or the deposit for the Purchase Price (if already paid) to the Buyer without undue delay, by bank transfer to an account specified by the Buyer.

7.3.2. The Seller has the right to withdraw from the Purchase Agreement under Section 2001 and subsequent sections of the Civil Code. If the Seller has delivered the goods to the Buyer before withdrawing from the contract, the Buyer shall return the goods to the Seller without undue delay.

8. Warranty for Quality and Rights from Defective Performance

8.1. The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. The Seller's liability is governed by the provisions of the Civil Code, in particular, § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174. The Seller also provides a warranty for quality in accordance with applicable legal regulations.

8.2. Minor deviations in color shade are not considered defects. The Seller expressly points out that the color shade of the goods may differ from the actual color due to computer display. The Seller informed the Buyer of this fact before concluding the Purchase Agreement.

8.3. The Seller shall not be liable for defects in the goods that arise in connection with improper handling, application, or use of the goods or due to inadequate storage by the Buyer.

8.4. The Buyer shall exercise the rights arising from defective performance (complaints) against the Seller. In the case of a complaint, the Buyer shall send the claimed goods to the Seller (or hand them over in person), specifying the type of goods, the date of purchase, the nature of the defect, and providing other information necessary to process the complaint (e.g., the invoice number related to the claimed goods, the Buyer's name, and contact information).

8.5. When submitting a complaint, the Buyer shall also indicate whether they request a repair of the goods, the supply of any missing parts of the goods, or a reasonable discount on the purchase price of the goods. If it is evident that the defect cannot be rectified, and the item cannot be properly used, the Buyer shall also state whether they are withdrawing from the contract or requesting a reasonable discount on the purchase price.

8.6. The moment of asserting a complaint is considered to be the moment of delivering the claimed goods along with the necessary information to the Seller or personally handing over the goods to the Seller along with the necessary information.

8.7. Complaints shall be processed by the Seller without undue delay, at the latest within thirty (30) days from the date of their assertion, unless the Seller and the Buyer agree on a longer period. In complex cases (e.g., time-consuming repair or difficult-to-obtain replacement goods or parts), complaints shall be processed within sixty (60) days. The Seller shall notify the Buyer of the complex nature of the case without undue delay, once such a nature is determined, but no later than ten (10) days from the date when the nature of the defect could be assessed.

8.8. The Seller shall inform the Buyer of the outcome of the complaint without undue delay. The complaint is considered resolved on the day when the Buyer is notified of the outcome of the complaint.

9. Out-of-Court Complaints and Dispute Resolution

9.1. Out-of-court resolution of complaints by Consumer Buyers is handled by the Seller via email at info@artmagico.com.

9.2. In the event of a consumer dispute arising between the Seller and a Consumer Buyer from a purchase contract or a contract for the provision of services that cannot be resolved by mutual agreement, the Consumer Buyer may submit a proposal for out-of-court resolution of such a dispute to the entity for out-of-court resolution of consumer disputes, which is:

Czech Trade Inspection Authority

Central Inspectorate - ADR Department

Štěpánská 15

120 00 Prague 2

Email: adr@coi.cz

Website: adr.coi.cz

The Consumer Buyer may also use the online dispute resolution platform established by the European Commission, available at http://ec.europa.eu/consumers/odr/.

10. Protection of Personal Data and Information

10.1. The protection of the Buyer's personal data is governed by the applicable laws of the Czech Republic and the European Union, as well as by the Principles of Personal Data Processing and Protection. By submitting their Order and accepting these Terms and Conditions, the Buyer acknowledges and agrees to abide by these principles.

10.2. By ticking the appropriate checkbox, the Buyer consents to the processing of their personal data provided in connection with the Order. Providing personal data by the Buyer is voluntary.

10.3. The Buyer has the right to withdraw their consent to the processing of their personal data provided in connection with the Order at any time.

11. Cookie Storage

11.1. The Buyer acknowledges that the website www.artmagico.com, including the Online Store, uses cookies.

12. Final provisions