TERMS & CONDITIONS
of Arte Bohemien, Foundation Fund, ID: 19390165, registered office: Říční 456/10, Prague 1, 118 00, email address: arte@artebohemien.com, no. 259935438/0600, registered in the Commercial Register maintained by the Municipal Court in Prague, Section N, Insert 2317, for the sale of goods through the online shop, which is part of the artebohemien.com website.
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and the Buyer via the online shop, which is part of the artebohemien.com internet portal located on the website located at www.artebohemien.com (hereinafter referred to as the "Website"), regarding the goods presented herein, through the interface of the Website (hereinafter referred to as the "Website Interface").
1.2 The Terms and Conditions further regulate the rights and obligations of the parties when using the Website and other related legal relationships.
1.3 The online shop, which is part of the artebohemien.com website, is aimed at the sale of books and publications on art.
1.4 The operator of the artebohemien.com website and the online shop located here is the company Arte Bohemien, Foundation, ID: 19390165 (hereinafter referred to as the "portal operator").
1.5 In the case of the sale of goods listed in the web interface of the shop under the tab "E-SHOP" (hereinafter referred to as "book sales"), the portal operator is the seller.
1.6 The Buyer is the Consumer or a person other than the Consumer. A consumer means any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with the entrepreneur or otherwise deals with him.
1.7 These terms and conditions are binding on all sellers who sell goods through the online shop, which is part of the artebohemien.com website.
1.8 The provisions of the terms and conditions are an integral part of the purchase contract. Arrangements deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.9 The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.10 The operator of the portal may change or supplement the wording of the terms and conditions. This does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.
2.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of all taxes and charges applicable to the sale of the goods. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the submitter's ability to enter into a purchase contract on individually agreed terms.
2.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic.
2.4 In order to order goods, the Buyer shall fill in the order form in the web interface of the shop, in particular information about the Buyer, the goods ordered (the Buyer shall "insert" the ordered goods into the electronic shopping cart (web interface of the shop), the chosen method of payment of the purchase price of the ordered goods, the chosen method of delivery of the ordered goods, whereby the order form shall always display information about the total price of the ordered goods and the costs associated with their packaging and delivery (hereinafter collectively referred to as the "order").
2.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "SUBMIT ORDER AND PAY" button. By submitting the order, the Buyer confirms that he/she has read these Terms and Conditions and that he/she agrees to them in the version valid and effective at the time of submitting the order.
2.6 Immediately upon receipt of the order, the Seller shall acknowledge receipt of the order to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's electronic mail address").
2.7 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).
2.8 The conclusion of the purchase contract between the Seller and the Buyer occurs upon delivery of the order acceptance (order acceptance) to the Buyer. The acceptance of the order is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
2.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs, etc.) shall be borne by the Buyer, without any difference from the basic rate.
2.10 The Seller reserves the right, at its discretion, not to conclude any purchase contract with the Buyer.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1 The Buyer may pay the price of the Goods and any costs associated with the packaging and delivery of the Goods under the Contract of Sale to the Seller in the following ways:
- cashlessly by bank transfer to the account of the portal operator no. bú: 259935438/0600 held at MONETA Money Bank, a.s., ID No.: 25672720 (hereinafter referred to as the "portal operator's account").
- cashless via the payment system Stripe, Inc. Payments made through the payment gateway are fully secured and all information is encrypted.
3.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
3.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of paragraph 3.6 of the Terms and Conditions regarding the Buyer's obligation to pay the purchase price of the goods in advance.
3.4 In the case of non-cash payment by bank transfer, the purchase price is payable within 7 days of the conclusion of the purchase contract.
3.5 In the case of non-cash payment, the Buyer is obliged to make the payment with the variable symbol communicated by the Seller in connection with the acceptance of the order. The Buyer's obligation to pay the purchase price is fulfilled by crediting the relevant amount to the account of the portal operator.
3.6 The Seller is entitled, especially if the Buyer fails to confirm the order in accordance with paragraph 2.8 of the Terms and Conditions, to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
3.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
3.8 Any promotional prices are valid until stocks are sold out or for a specified period of time.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1 If the Buyer is a consumer, the Buyer has the right to withdraw from the Purchase Contract without giving any reason, subject to the conditions set out in paragraphs 4.2 to 4.8 of the Terms and Conditions.
4.2 If this is not the case referred to in paragraph 4.3 of the terms and conditions, the buyer is entitled to withdraw from the purchase contract within 14 days from the date of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The cancellation of the purchase contract must be sent to the seller within the period specified in the previous sentence. The Buyer may use the form attached to the Terms and Conditions to withdraw from the Purchase Contract.
4.3 The Buyer is not entitled to withdraw from the Purchase Contract in the cases specified in Section 1837 of the Civil Code. In particular, the buyer is not entitled to withdraw from a contract for the delivery of goods that have been modified according to the buyer's wishes or for the buyer, from a contract for the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the buyer has damaged the original packaging.
4.4 The Buyer may also send the withdrawal from the Purchase Agreement to the Seller at the address of the operator of the portal Arte Bohemien, Foundation, Říční 456/10, Prague 1, 118 00 or to the e-mail address of the operator of the portal arte@artebohemien.com.
4.5 Withdrawal from the Purchase Contract cancels the Purchase Contract from the outset. Goods received by the Buyer from the Seller under the Purchase Contract must be returned to the Seller (not on delivery) within 14 days of withdrawal. The costs of returning the goods to the Seller shall be borne by the Buyer, even if the goods cannot be returned by the usual postal method due to their nature; the maximum cost in such a case is estimated at CZK 1,000.
4.6 The Seller shall reimburse the Buyer within 14 days of withdrawal from the Contract all monies, including delivery costs, received from the Buyer under the Contract in the same manner. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another way, if the Buyer agrees to this and the Buyer does not incur additional costs. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered. The Seller is not obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that it has dispatched the goods to the Seller.
4.7 In the case of non-cash payment of the purchase price of the goods to the account of the portal operator, the purchase price paid by the buyer, including the cost of delivery of the goods, is deposited in the account of the portal operator for the duration of the period within which the buyer is entitled to withdraw from the purchase contract under paragraph 4.2. of the terms and conditions, and if the buyer withdraws from the purchase contract within the said period, until the buyer returns the goods from which he has withdrawn to the seller or proves that he has sent the goods to the seller.
4.8 The Buyer shall be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than is necessary in view of their nature and characteristics. If the Buyer is not a consumer, the Buyer shall also be liable to the Seller for any diminution in the value of the goods resulting from wear and tear or damage to the goods up to the time of return to the Seller. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
4.9 If the Buyer is not a consumer, the provisions of paragraphs 4.2 to 4.8 of the Terms and Conditions shall not apply and the relevant provisions of the Civil Code shall apply to the Buyer's withdrawal from the Purchase Contract.
4.10 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
4.11 The Seller shall be entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the Goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
5. TRANSPORT, DELIVERY AND ACCEPTANCE OF THE GOODS
5.1 If the method of transport is agreed upon at the request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
5.2 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods on delivery.
5.3 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
5.4 The Buyer is obliged to check the integrity of the packaging of the shipment upon receipt of the goods from the carrier and in case of any defects to notify the carrier immediately. The Buyer is entitled to refuse to accept a shipment that shows signs of damage or improper handling. By signing the acceptance of the consignment without indicating any defects found, the buyer confirms that he/she has accepted the consignment intact, without any obvious signs of damage or mishandling, and any later claims regarding damage to the packaging of the consignment will be disregarded.
5.5 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
5.6 The web interface of the shop contains information about the availability of goods. The Seller shall send the goods in stock to the Buyer within 3-5 working days after the payment of the purchase price of the goods. The Buyer understands that all other information about the availability of the goods is indicative and the Seller is entitled to change it. The carrier designated by the Seller is WE|DO CZ s.r.o.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code.
6.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods,
(a) the goods have the characteristics agreed between the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
(b) the goods are fit for the purpose for which the seller states or for which goods of that kind are usually used,
(c) the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) the goods are in the appropriate quantity, measure or weight; and
(e) the goods comply with the requirements of the legislation.
6.3 If a defect manifests itself within 12 months of acceptance, the goods shall be deemed to have been defective upon acceptance.
6.4 The Buyer shall be entitled to exercise the right to claim for any defect that occurs in consumer goods within 24 months of receipt.
6.5 The provisions of paragraph 6.4 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
6.6 If the goods do not have the characteristics specified in paragraph 6.2. of the Terms and Conditions, the Buyer is entitled to demand free removal of the defect or a reasonable discount from the purchase price. Unless this is unreasonable or disproportionate due to the nature of the defect (in particular if the defect cannot be removed without undue delay), the Buyer is entitled to demand delivery of a new item without defects or replacement of a part if the defect concerns only a part of the item. If repair or replacement is not possible, the buyer is entitled to withdraw from the contract. The buyer is also entitled to demand the replacement of the goods or to withdraw from the purchase contract if the goods are repeatedly subject to a removable defect or if the goods have a large number of defects.
6.7 The buyer is not entitled to the right of defective performance if the buyer knew that the goods were defective before taking delivery of the goods or if the buyer caused the defect himself.
6.8 If the goods have a defect for which the seller is liable, and if the goods are sold at a lower price or are second-hand goods, the buyer has the right to a reasonable discount instead of the right to exchange the goods.
6.9 In cases where the Seller does not conclude the Purchase Contract in the course of his business or where the Buyer concludes the Purchase Contract in the course of his business, the provisions of paragraphs 6.2. to 6.8. of the Terms and Conditions shall not apply. In such cases, the Seller shall be liable to the Buyer for the delivery of the goods in the agreed quantity, quality and design. If quality and workmanship are not agreed, the seller shall perform in a quality and workmanship suitable for the purpose stated in the contract; otherwise for the usual purpose. The buyer's rights arising from defective performance in such cases are based on the provisions of Sections 2099 to 2112 of the Civil Code. This means, in particular, that the buyer has the right to demand delivery of a new item without defects and the right to withdraw from the contract only if the defective performance is a material breach of contract. If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect remedied or to a reasonable discount on the purchase price.
6.10 The Buyer may also send the Seller the exercise of the rights arising from the defective performance to the address of the portal operator Arte Bohemien, Foundation, Říční 456/10, Prague 1, 118 00 or to the e-mail address of the portal operator arte@artebohemien.com.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 The Seller reserves the right of ownership of the goods in accordance with § 2132 of the Civil Code. This means that the buyer becomes the owner of the goods only by full payment of the purchase price of the goods.
7.2 The Seller and the Buyer assume the risk of change of circumstances within the meaning of Section 1765 of the Civil Code. This means that they will not claim against the other party to renegotiate the purchase contract in the event that the circumstances under which they concluded the purchase contract change after the conclusion of the purchase contract.
7.3 The Buyer acknowledges that the software and other components forming the web interface of the Shop, including photographs of the presented goods, are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the shop.
7.4 The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop when using the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and is consistent with its purpose.
7.5 The Buyer acknowledges that the Seller and the portal operator are not liable for any errors resulting from third party interference with the website or from the use of the website contrary to its purpose.
7.6 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) of the Civil Code.
7.7 The Seller provides out-of-court settlement of consumer complaints at the Seller's address. The Buyer may send a complaint to the Seller at the address of the portal operator Arte Bohemien, Foundation, Říční 456/10, Prague 1, 118 00 or at the portal operator's e-mail address arte@artebohemien.com. The Seller will send information about the settlement of the Buyer's complaint to the Buyer's e-mail address. The Buyer may also contact the following authorities with a complaint: the Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8. DATA PROTECTION
8.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
8.2 The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
8.3 The Buyer agrees to the processing of personal data by the portal operator for the purposes of exercising the rights and obligations under the purchase contract, for the purposes of maintaining the user account and for the purposes of sending information and commercial communications to the Buyer.
8.4 The Buyer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully - during registration, in his/her user account, when placing an order from the web interface of the shop - and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
8.5 The portal operator may entrust a third party as a processor to process the personal data of the buyer. Apart from the seller and the persons transporting the goods, the personal data will not be passed on by the portal operator to third parties without the prior consent of the buyer.
8.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form by automated means or in hard copy form by non-automated means.
8.7 The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she may withdraw consent to the processing of personal data in relation to the Portal Operator by written notice delivered to the address of the Portal Operator.
8.8 In the event that the Buyer believes that the Portal Operator or the Processor (paragraph 9.5 of the Terms and Conditions) carries out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:
- ask the portal operator or processor for an explanation,
- require the portal operator or processor to remedy the situation. In particular, this may involve blocking, correcting, supplementing or destroying personal data. If the purchaser's request pursuant to the preceding sentence is found to be justified, the portal operator or processor shall immediately remove the defective condition. If the portal operator or processor does not comply with the request, the purchaser has the right to contact the Office for Personal Data Protection. The purchaser's right to contact the Data Protection Authority directly is not affected.
8.9 If the buyer requests information about the processing of his/her personal data, the portal operator is obliged to provide him/her with this information. The portal operator is entitled to charge a reasonable fee for the provision of the information according to the previous sentence, not exceeding the costs necessary to provide the information.
9. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
9.1 The Buyer consents to the sending of information related to the goods, services or business of the Portal Operator to the Buyer's electronic address and further consents to the sending of commercial communications by the Portal Operator to the Buyer's electronic address.
9.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.
10. SUBMISSION
10.1 Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing, either by electronic mail, in person or by registered mail via a postal service provider (at the sender's choice). The Buyer shall be delivered to the e-mail address specified by the Buyer in his/her user account or in the order.
10.2 The message is delivered:
- in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
- in the case of delivery by hand or by a postal service provider, by the recipient's receipt of the item,
- in the case of delivery in person or through a postal service provider, also by refusal to accept the item if the addressee (or a person authorised to accept the item on his behalf) refuses to accept the item,
- in the case of service through a postal service provider, by the expiry of a period of 10 days from the deposit of the consignment and the giving of a request to the addressee to collect the deposited consignment if the consignment is deposited with the postal service provider, even if the addressee has not been informed of the deposit.
11. FINAL PROVISIONS
11.1 If the legal relationship related to the use of the Website or the legal relationship based on the Purchase Contract contains an international element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the rights of the consumer under generally binding legal regulations.
11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 shall not affect the validity of the other provisions of the Terms and Conditions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
11.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4 A sample withdrawal form is attached to the Terms and Conditions.
11.5 Contact details of the portal operator - the seller when selling books and publications:
- Delivery address: Arte Bohemien, Foundation, Říční 456/10, Prague 1, 118 00
- e-mail address: arte@artebohemien.com
- telephone: +420 608 842 717
In Prague, 1 November 2023
These terms and conditions are valid and effective from 1 November 2023
WITHDRAWAL FORM
Please complete this form and return it only if you wish to withdraw from the contract.
Notice of withdrawal
- The contract is for the purchase of books(*)
- Seller(**)
- I/We hereby give notice(*) that I/We hereby withdraw(*) from the contract for the purchase of these goods(*)
- Date ordered(*)/date received(*)
- Name and surname of buyer(s)
- Address of buyer(s)
- Signature of buyer(s) (only if this form is sent in paper form)
- Date:
(*) Please complete the details.
(**) If you are withdrawing from a book purchase contract, please provide the following information about the seller: Arte Bohemien, Foundation, ID: 19390165, registered office: Říční 456/10, Prague 1, 118 00.