GENERAL TERMS AND CONDITIONS

by trading company
ARTGLASS s.r.o.
with its registered office at Dolní Černá Studnice 45, 468 21 Pěnčín, Czech Republic
IČ: 48269743, DIČ: CZ48269743
entered in the Commercial Register kept at the Regional Court in Ústí nad Labem, Section C, Insert 4742
for the sale of goods through an online store located at the internet address
shop.artglass.cz

 

1. INTRODUCTORY PROVISIONS

 

1.1 These general terms and conditions (hereinafter also "GTC" or "business conditions") govern the relations between the parties of the purchase agreement, ie on the one hand by ARTGLASS s.r.o. with its registered office at Dolní Černá Studnice 45, 468 21 Pěnčín, Czech Republic, IČ: 48269743, DIČ: CZ48269743, entered in the Commercial Register kept at the Regional Court in Ústí nad Labem, Section C, Insert 4742 as the seller (hereinafter referred to as “ARTGLASS” or “Seller ”) and on the other hand the Buyer (hereinafter referred to as the“ Buyer ”). You can find more information about ARTGLASS in the About Us section or at www.artglass.cz.

 

1.2. In the case that the Buyer is a consumer, the relations not regulated in these GTC are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code") and Act No. 634/1992 Coll., On consumer protection, as amended by later regulations. If the Buyer is not a consumer, the relations not regulated in these GTS are governed by the Civil Code.

 

1.3. The established contractual relations are concluded in accordance with the legal order of the Czech Republic, even in the case that the Buyer's domicile or registered office is located outside the Czech Republic.

 

1.4. The online store at the internet address shop.artglass.cz is operated in the Czech and English language, as well as the purchase contract and the GTC are made in the Czech and English language. The purchase contract is concluded in the Czech or English language. The provisions of the GTC are an integral part of the purchase contract.

 

1.5. When concluding and fulfilling the contract, the Seller acts within the scope of its business activities in accordance with the provisions of Section 420 et seq. Of the Civil Code.

 

1.6. These GTC regulate different rights and obligations for buyers who act in relations with the seller as consumers in the sense of the provisions of § 1810 et seq. of the Civil Code, and differently for natural or legal persons doing business under the Trade Licensing Act or other special law or state institutions and organizations who act in relations with the seller in their business or other entrepreneurial activities, where different rights and obligations of both buyers are regulated and differentiated below as consumer rights and obligations and entrepreneur rights and obligations. If these conditions regulate certain rights jointly and identically for consumers and entrepreneurs, the buyer entrepreneur and the consumer buyer are identically referred to as "Buyer".

 

1.7. The wording of the GTC may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.

 

1.8. By creating and sending the order, the Buyer confirms that he has read and expressly agrees with the following documents before concluding the contract, as amended and effective at the time of creating the order:

Terms and Conditions

Complaints Procedure

Privacy policy

 

1.9. The Buyer will receive a copy of the GTC as an attachment to the order confirmation to the e-mail address entered by him.

 

1.10. For the purposes of these GTC:

The Seller is the company ARTGLASS Ltd.:

ARTGLASS, s.r.o.

Dolní Černá Studnice 45

46821 Pěnčín,

Czech Republic

ID: 482 69 743

VAT number: CZ48269743

Entry in the Commercial Register: 15 April 1993 at the Regional Court in Ústí nad Labem, Section C, Insert 4742

 

Business address:

ARTGLASS, s.r.o.

Smetanova 1659/42

46601 Jablonec nad Nisou

Czech Republic

 

Bank account for payment in CZK

Bank account: 17704581/0100

IBAN: CZ77 0100 0000 0000 1770 4581

 

Bank account for payment in EUR

Bank account: 789621910227/0100

IBAN: CZ73 0100 0000 7896 2191 0227

 

Contact:

Email: customerservice@artglass.cz

Tel .: +420 483 369 111

The Buyer is a natural person in the position of a consumer or a natural person or business entity.

The purchasing consumer (hereinafter referred to as the “Consumer”) is a natural person who does not act within the scope of his business or other entrepreneurial activity when concluding a contract with ARTGLASS and fulfilling the contract.

An Entrepreneur is one who independently carries out a gainful activity on his own account and under his own responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit. An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur. The buyer therefore acknowledges that if he states his ID number in the order, then he is considered an entrepreneur in the contractual relationship with ARTGLASS and the provisions of these GTC intended for entrepreneurs apply to him.

 

2. USER ACCOUNT

 

2.1. The Buyer can order goods without registration directly from the web interface of the store, as well as based on the registration on the website the Buyer can access its user interface and order goods (hereinafter "user account").

 

2.2. The buyer is obliged to provide correct and true data when ordering goods or registering on the e-shop and to update them immediately if this data changes. ARTGLASS considers the data provided by the Buyer as correct.

 

2.3. The user account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Buyer is not entitled to allow the use of the user account by third parties.

 

2.4. In the event that the Buyer does not use his user account for more than 60 days or if the Buyer violates his obligations under the purchase agreement (including GTC), the Seller may cancel this user account.

 

2.5. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

 

3. CONCLUSION OF THE PURCHASE AGREEMENT

 

3.1. The order will be created when the selected goods are placed in the shopping cart and the order is sent by the Buyer. The presentation of goods in the online store is of an informative nature and is not a proposal of the Seller to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. The purchase contract will therefore be concluded when ARTGLASS confirms the order sent by the Buyer. This confirmation is sent to the Buyer in the form of an informative email to the email entered by him (hereinafter referred to as the "Buyer's email address"). The current wording of the GTC, including the Complaints Procedure, is attached to this confirmation. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds. An exception to this procedure is point 4.11. By concluding the purchase contract, the Seller is obliged to hand over the ordered goods to the Buyer, and the Buyer is obliged to pay the agreed price for these goods to the Seller.

 

3.2. The prices listed for individual products are final, ie including VAT, or all other taxes and fees that the Buyer must pay to obtain the goods, this does not apply to any fees, the amount of which depends on the choice of the Buyer (eg transportation costs, cash on delivery). The Buyer will find the amount of these possible fees before sending the order within the shopping cart.

3.3. The prices of the 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 enter into a purchase agreement under individually agreed conditions.

 

3.4. The Buyer orders the goods via the order form in the web interface of the store. The order form contains in particular information about:

- the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the web interface of the store),

- the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

- information on costs associated with the delivery of goods (hereinafter collectively referred to as "order").

 

3.4. The Buyer can change and check the data he has filled in the order before sending the order. The Buyer sends the order to the Seller by clicking on the "A binding order for payment" button.

 

3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by telephone).

 

3.6. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs do not differ from the basic rate.

 

3.7. All requirement entered by the Buyer in the notes in the order form are part of the concluded purchase contract only if the Seller agrees with them. In case of his disagreement, the purchase contract has not been concluded. Likewise, in the event that the Seller is unable to fulfill any of the Buyer's requirements expressed in the order, the Seller will send the Buyer a new draft order with a request for a statement. In this case, the purchase contract is concluded after the Buyer sends this new order to the Seller at the moment of its subsequent acceptance by the Seller.

 

4. PRICE OF GOODS AND PAYMENT TERMS

 

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the Buyer may pay the seller in the following ways:

- in cash at the Seller's premises at ARTGLASS s.r.o., Smetanova 1659/42, 466 01 Jablonec nad Nisou, Czech Republic;

- in cash on delivery at the place specified by the buyer in the order;

- in case of order made in CZK cashless transfer to the seller's account No. 17704581/0100, kept with Komerční banka;

- in case of order made in EUR cashless transfer to the seller's account No. 789621910227/0100, kept with Komerční banka (both accounts hereinafter the "Seller's account");

- cashless through an online payment system;

- cashless payment card.

 

4.2. The Buyer is obliged to pay the Seller together with the purchase price also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, furthermore, the purchase price also means the costs associated with the delivery of the goods.

 

4.3. The Buyer acknowledges that the final prices of products are quoted after rounding to whole crowns in accordance with applicable law, so in specific situations in the final sum of all purchased products there may be a slight deviation from the purchase price, this is given in as a result of rounding to whole crowns.

 

4.4. The Seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the GTC regarding the obligation to pay the purchase price of the goods in advance.

 

4.5. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of order execution.

 

4.6. In the case of non-cash payment, the buyer is obliged to indicate the variable symbol that he received in order confirmation. The Buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the Seller's account.

 

4.7. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

 

4.8. Any discounts on the price of goods provided by the Seller to the Buyer are not mutually combinable.

 

4.9. The Seller is obliged to issue a tax document - invoice to the Buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - the invoice is issued simultaneously with the dispatch of the goods and is included in the shipment. Upon request, the Seller will also send the invoice in electronic form to the Buyer's e-mail address. In such a case, the Buyer expressly agrees to the possibility of sending the tax document in electronic form (instead of a document in written form) to his e-mail address.

 

4.10. A change on the invoice can be requested, if it is not a change due to a change in the delivery of goods or correction of obvious incorrectness of the original invoice (eg typo, incorrect amount of invoiced goods, etc.), only until the 3rd day of the month following the invoice date. After that, change is no longer possible.

 

4.11. ARTGLASS is interested in informing the Buyer as accurately as possible about the actual amount of discounts on goods offered on its e-shop. The original price means the lowest price at which ARTGLASS offered the goods in question in its e-shop for the 30 days preceding the 1st day of the given calendar month, without taking into account all possible bonuses, marketing campaigns to support sales and other discounts or price benefits. In addition, if the goods are included in a discount campaign with separate conditions of the campaign, in which the discount is provided automatically, then the original price is recalculated for the period of 30 days immediately preceding the day of inclusion of the goods in such campaign.

 

4.12. There may be situations where the purchase agreement is not concluded between ARTGLASS and the Buyer, and the Buyer acknowledges this. This is especially the case when the Buyer orders the goods at a price published in error due to an error in the internal information system of ARTGLASS or its staff. In this case, ARGLASS is entitled to withdraw from the purchase agreement, even after the Buyer has received an e-mail confirming his order. The Buyer will be informed of this situation without undue delay. Examples of when an incorrectly published price may occur are the following:

- the price of the goods is incorrect at first sight (eg it does not take into account the purchase price or the usual price of the goods);

- one or more digits remain or are missing from the price of the goods;

- the discount on the goods exceeds 50% without the goods being part of a special marketing campaign or sale event marked with a special symbol and advertising the corresponding amount of discounts;

- The buyer acknowledges that the information system of shop.artglass.cz also states for goods with a manifestly incorrect price that the goods are discounted, resp. about the goods on sale, etc. Therefore, if the potential Buyer has doubts about the correctness of the discount, he is obliged to verify this information with the Seller at customerservice@artglass.cz.

 

4.13. The Seller reserves the right to declare the purchase contract invalid, if there is misuse of personal data, ID number / VAT number, misuse of payment card, etc., or due to the intervention of an administrative or judicial body, the Buyer will be informed of such a procedure. The buyer hereby acknowledges that in these cases, the purchase contract cannot be validly concluded.

 

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

 

5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person.

 

5.2. If it is not a case referred to in Article 5.1 of the GTC or another case where it is not possible to withdraw from the purchase contract, the Buyer, who is in the position of a consumer, has the right to withdraw from the purchase contract in accordance with § 1829 par. 1 of the Civil Code, within fourteen (14) days of receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last suply of goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer can use the attached form and send it to the address of the Seller's office or by email to customerservice@artglass.cz.

 

5.3. In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of delivery of the withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail. The return address is: ARTGLASS, s.r.o., Smetanova 1659/42, 46601 Jablonec nad Nisou, Czech Republic.

 

5.4. In the event of withdrawal from the contract, the Seller will return the funds received from the Buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract by the Buyer, in the same way as the Seller received from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods to the Buyer or otherwise, if the Buyer agrees and the Buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

 

5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

 

5.6. The seller reserves the right to withdraw from the contract in the following cases:

a) In the event of an unjustified attempt by the buyer to withdraw from the contract and the consequent impossibility to contact him regarding further action;

b) In the event of a complaint of the goods by the buyer, when it will be evaluated as unfounded, and the consequent impossibility to contact him regarding further action;

c) In the event of a complaint about the goods by the buyer, when it will be assessed as unfounded and the buyer will explicitly inform the seller that he is no longer interested in the goods;

d) In the case of a complaint about the goods by the buyer, when the goods will be sent back by the seller to the address of the buyer, who will not take over the goods, and the goods will be returned to the seller;

e) In all other cases where the goods will be sent to the buyer's address without any information, and the consequent impossibility of further contacting the buyer.

 

5.7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.

 

5.8. If a gift is provided to the Buyer together with the goods, the donation contract between the Seller and the Buyer is concluded with the untying condition that if the Buyer withdraws from the purchase contract, the donation contract for such a gift ceases to be effective and the Buyer is obliged to return it together with the goods also a given gift.

 

5.9. Bulbs (light sources), if they are delivered as a gift or completely free of charge together with the purchased lighting fixtures, are considered as an advertising item and are not covered by the warranty.

 

5.10. The consumer is entitled to withdraw from the contract. If the buyer is an entrepreneur and has stated his ID number or VAT number in the order, then he is no longer in the position of a consumer. For this reason, according to § 1829 of the Civil Code, he does not have the right to return the goods within 14 days of delivery of the goods. ARTGLASS may allow the withdrawal from the contract for the Buyer Entrepreneur and in such a case, the latter acknowledges that the returned purchase price may be reduced by what has decreased the value of the goods.

 

5.11. If the Buyer entrepreneur is allowed to withdraw from the purchase agreement within fourteen days and the returned goods are not in the original packaging, including all parts and accessories, then the Buyer entrepreneur acknowledges that the Seller reserves the right to charge for such a return, in such an amount which the Seller will have to expend in order to resell the goods. Compensation for the reduction in the value of the goods or compensation for the costs of reselling the goods will be deducted in the returned purchase price to the Buyer Entrepreneur.

 

5.12. The buyer entrepreneur cannot withdraw from the contract due to a defect, nor demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply to situations where:

- if the condition has changed as a result of an inspection in order to detect a defect in the item; if the Buyer used the item before the defect was discovered;

- if the Buyer made it impossible to return the item in its unaltered state by his actions or omissions; or

- if the Buyer sold the item before the discovery of the defect, or if he changed the item during normal use; if this has happened only in part and the Seller allows the Buyer Entrepreneur to withdraw from the contract, the Buyer shall return the Seller what he can still return and give the Seller compensation up to the amount in which he benefited from the use of the item.

- if the Buyer Entrepreneur did not report the defect in time, he loses the right to withdraw from the contract.

 

6. TRANSPORTATION AND DELIVERY OF GOODS

 

6.1. The Seller undertakes to deliver the goods in stock no later than 30 days after the order by the Buyer, unless otherwise agreed between the contracting parties, in the manner chosen by the Buyer as part of his order. If the Buyer orders Goods, the availability of which is marked as "preorder", then the Buyer acknowledges that the Seller must produce these Goods and this production time may take up to 6 weeks. The delivery time to the Buyer in this case is extended by this time. The Seller always informs about the availability in detail of the specific time Goods and always tries to produce and deliver them to the Buyer as quickly as possible. 

 

6.2. The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. In the case of personal collection at the establishment, the Buyer will be informed about the possibility of picking up the goods via e-mail.

 

6.3. If a period for the delivery of the goods is longer than the statutory period of 30 days is not expressly agreed between the Buyer and the Seller (as, for example, in the case of preordered goods, see point 6.1.), the purchase contract is terminated and the Buyer has no obligation to collect the goods from the Seller.

 

6.4. In the event that the mode of transportation is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

 

6.5. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order according to the purchase contract, the Buyer is obliged to take over the goods upon delivery.

 

6.6. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, resp. costs associated with another method of delivery.

 

6.7. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately (within 2 working days) to notify the carrier. In the case of delivery of goods damaged during transport, the buyer is obliged to prove this fact by photo documentation of the damage. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier. This does not affect the buyer's rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations. The Buyer is also obliged to verify whether the required quantity has arrived upon receipt of the goods from the carrier and to notify the Seller of any discrepancies.

 

6.8. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the Seller, if issued by the Seller.

 

6.9. In the event that the Buyer violates his obligation to take over the goods, with the exception of cases according to Article 6.7. of these conditions, the Seller has the right to withdraw from the contract due to a material breach of the contract by the Buyer. If the Seller decides to withdraw from the contract in such a situation, the withdrawal is effective on the day it is delivered to the Buyer. Withdrawal from the contract does not affect the right to reimbursement of the transport price, or the right to compensation for damages, if any.

 

7. RIGHTS FROM DEFECTIVE PERFORMANCE

 

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially 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).

 

7.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer took over the goods:

- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,

- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

- the goods are in the appropriate quantity, measure or weight, and

- the goods comply with the requirements of legal regulations.

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

 

7.4. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. As a guarantee of quality, the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the Buyer has rightly complained to the seller about the defect of the goods, the period for exercising the rights from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.

 

7.5. Provisions referred to in Article 7.4. GTC do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by its normal use, for used goods to a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or by the nature of the goods. The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the goods that the goods were defective, or if the Buyer himself caused the defect.

 

7.6. The rights from the liability for defects of the goods apply to the seller. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.

 

7.7. The buyer can specifically exercise the rights from liability for defects of the goods, especially in person at the address of ARTGLASS, s.r.o., Smetanova 1659/42, 46601 Jablonec nad Nisou, Czech Republic, by phone at +420483369111 or by e-mail at customerservice@artglass.cz.

 

7.8. The buyer will inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the made choice without the Seller's consent; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable.

 

7.9. If the goods do not have the properties specified in Article 7.2. GTC, the Buyer may also require the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only request a replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its part or repair the goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the Buyer considerable difficulties.

 

7.10. Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect is to be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.

 

7.11. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

7.12. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure available here.

 

7.13. In the case of a refund of funds for freight as part of a claim for goods by the buyer, the buyer is entitled to a refund of funds for freight only in the lowest amount offered.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

 

8.1. The Buyer acquires ownership of the goods at the moment when the full purchase price of the goods is paid and the goods are taken over by the Buyer.

 

8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

 

8.3. The handling of consumer complaints is provided by the Seller via the electronic address customerservice@artglass.cz. The Seller will send information on the settlement of the Buyer's complaint to the Buyer's electronic address.

 

8.4. In the event that the Buyer is a consumer and there is a consumer dispute between the Seller and the Buyer, which cannot be resolved by agreement, the Buyer hereby acknowledges that he is entitled to file a proposal for out-of-court settlement of such a dispute. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.

 

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

 

8.6. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

 

8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

 

9. PROTECTION OF PERSONAL DATA

 

9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating the Purchase Agreement and for the purposes of fulfilling the Seller's public law obligations is performed by the seller through a special document, which is available here.

 

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

 

10.1. The Buyer consents, in accordance with the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to be sent commercial communications by the seller to an electronic address or to the buyer's phone number. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

 

10.2. The seller fulfills its legal obligations related to the possible storage of cookies on the buyer's equipment through a special document available here.

 

11. DELIVERY

 

11.1. It can be delivered to the buyer to the buyer's email address.

 

12. FINAL PROVISIONS

 

12.1. Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic.

 

12.2. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.

 

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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 and effectiveness of the other provisions.

 

12.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

 

12.5. A sample form for withdrawal from the purchase contract is attached to these CTC.

 

12.6. These GTC take effect on January 18, 2023 and cancel the previous wording of the GTC, including its parts.

 

In Jablonec nad Nisou on 18 January 2023

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