Terms of service

GENERAL TERMS AND CONDITIONS FOR THE E-SHOP

 

By ordering Goods on the Artysea.com Web Portal

The Customer concludes a purchase contract with the Seller (hereinafter referred to as the "Contract" ). These General Terms and Conditions define the content of the Contract, in particular the rights and obligations arising from it for the Seller and the Customer.

 

Seller:

Name: Jolana Melounová

ID: 76061400

VAT number: CZ76061400

Address: Holečkova 800/97, 150 00 Prague 5, Czech Republic

registered in the civil registry of the Municipal District of Prague 5.

 

Contact details:

Business address: Holečkova 800/97, 150 00 Prague 5, Czech Republic

Phone: 775 379 404

Email: info@artysea.com

Web portal: www.artysea.com

as a seller of goods on the e-shop (hereinafter referred to as the "Seller" )

 

  1. Introductory provisions

1.1. The General Terms and Conditions (hereinafter referred to as the " Terms and Conditions" ) regulate, within the meaning of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the " Civil Code" ), the mutual rights and obligations of the contracting parties arising on the basis of or in connection with the conclusion of the Contract between the Seller and the Buyer (hereinafter referred to as the " Customer" ). The Seller sells goods through the web portal and interface at www.artysea.com (hereinafter referred to as the " Web Portal" ).

1.2. The Terms and Conditions form an integral part of the Contract. They may be supplemented or amended unilaterally by the Seller. This does not affect the rights and obligations arising before the new Terms and Conditions come into effect.

1.3. Provisions different from the Terms and Conditions may be agreed in the Contract. These provisions shall take precedence over the Terms and Conditions.

1.4. The Terms and Conditions are drawn up in Czech and English.

1.5. All information about the processing of the Customer's personal data is contained in the Terms of Personal Data Processing, which can be found on the Web Portal.

  1. Basic definition

2.1. E-shop – an online store on the Web Portal, the purpose of which is to display, select and order goods.

2.2. Civil Code – Act No. 89/2012 Coll., Civil Code, as amended.

2.3. Buyer/Customer – a natural person/entrepreneurial natural person/legal entity who, based on an order for goods made through the E-shop, concludes a purchase contract with the Seller.

2.4. Consumer – a person who, outside the scope of their business activities or outside the scope of the independent performance of their profession, concludes a contract with an entrepreneur or otherwise deals with him.

2.5. Order – A binding proposal made by the Customer to conclude a purchase contract.

2.6. Purchase Agreement/Contract – an agreement concluded between the Seller and the Customer based on an order for goods from the E-shop within the meaning of Section 2079 et seq. of the Civil Code.

2.7. Consumer Contract – A contract for the purchase of goods, the contracting parties of which are the Seller and the Consumer.

2.8. Goods – an item that the Seller offers for sale through the E-shop.

2.9. User – a person who uses the E-shop.

2.10. User account – a part of the E-shop that is accessible to each registered User and displays individually generated data in his user interface - e.g. orders placed by him.

2.11. Registration – registration of the User into the E-shop database by filling in the mandatory data for Registration.

2.12. Access data – the User's login name and password generated during User Registration.

2.13. Price – the amount of money due to the Seller in connection with the purchase of the Goods.

2.14. Shipping cost – the amount of money for packaging and delivery of the Goods.

2.15. Total price – the total price for the Goods and their transportation.

  1. Conclusion of the Contract

3.1. The Goods and their presentation placed on the Seller's E-shop are of an informative nature, and the Seller is not obliged to conclude a Contract regarding the Goods . The provisions of Section 1732, paragraph 2 of the Civil Code do not apply, i.e. a proposal to deliver the Goods made through

  • advertisements,
  • catalog,
  • by displaying goods

is not an offer in the sense of the Seller's obligation to conclude a Contract.

3.2. The E-shop contains information about the Goods, including their presentation, the Price, the Price for shipping and the costs of returning the Goods. This provision does not affect the Seller's right to negotiate individual terms and conditions when concluding the Contract.

3.3. The E-shop contains information about the Price for the transportation of the Goods, including the possible methods of transportation and the approximate date of delivery of the Goods. The information about the transportation published on the E-shop applies to selected countries within the European Union to which the Seller delivers the Goods. The price for the transportation is added to the price of the Goods.

3.4. The contract may be concluded in Czech or English.

3.5. The Contract is concluded at the moment of sending the Order via the order form. By sending the Order, you agree to the use of means of distance communication. The costs of using means of distance communication are borne by the Customer. These costs do not differ from the basic rate paid by the Customer for the use of these means (Internet access, rate for telephone calls).

3.6. In order to order the Goods, the Customer fills out an order form in the E-shop, which contains in particular the following information:

  • identification of the Goods that the Customer has placed in the electronic shopping cart by clicking on the button or buttons that serve this purpose,
  • quantity and Price of the Goods per piece,
  • the aggregate Price for the Goods, i.e. the Price for all items in the electronic shopping cart,
  • the possibility of choosing the method of transporting the Goods, including the indication of individual Prices,
  • method of payment for the Goods, including their transportation.

3.7. Before sending the Order, the Customer fills in his/her identification data in the form, which he/she is entitled to check, change or correct, including the possibility of changing a specific Product, removing it from the electronic shopping cart, adjusting the quantity of the Product, changing the choice of delivery of the Product or the payment method. The same applies to other input data that the Customer has entered into the Order.

3.8. By clicking on the “Add to Cart”, “Buy with Apple Pay” or “Buy with G-Pay” button Before sending the Order, the Customer agrees to the effective wording of the Terms and Conditions and to the processing of personal data in accordance with the effective Terms and Conditions for processing personal data. The Order is completed by clicking on the button or buttons used to send the Order with the obligation to pay, called “Pay”.

3.9. The Seller considers the information received through the Order placed by the Customer to be correct, complete and true. The Seller is obliged to immediately confirm receipt of the Order to the Customer's e-mail address or telephone number, which are specified in the order form. The confirmation of the Order includes its summary and the Terms and Conditions in the wording effective on the date of placing the Order.

3.10. Confirmation of the Order concludes the Contract with the obligation to pay the Price of the Goods by the Customer and to deliver the Goods by the Seller.

3.11. The Seller is not obliged to confirm the Order. This applies in particular to cases of unavailability of the Goods or exceeding the maximum possible quantity of Goods that can be collected within the Order. In this case, the Seller will cancel your Order or will contact you with an offer to conclude a Contract regarding the properties of similar Goods. The Contract will then be concluded at the moment of confirmation of the Seller's offer by the Customer.

3.12. The Customer may also place an order through his/her User Account. However, he/she is obliged to check the accuracy, completeness and truthfulness of the pre-filled identification data.

3.13. If the Customer has a discount coupon, i.e. a voucher, he/she is allowed to apply a discount on the Price of the Goods by entering its code in the “discount code” field and clicking on this button.

3.14. The Agreement, including the Terms and Conditions, is stored by the Provider in electronic form and is not made available to the Customer.

  1. Price and payment terms

4.1. The Unit Price of the Goods is stated including all fees related to the purchase of the Goods. The price is stated and paid in 2 currencies: CZK and EUR.

4.2. The Price for the Goods is stated in the E-shop, in the Order proposal and in the Order confirmation. In the event of a discrepancy between the Price stated in the E-shop and in the Order proposal, the Price in the Order proposal shall prevail, which subsequently coincides with the Price contained in the Order confirmation. The Order proposal also states the Price for the transport of the Goods.

4.3. The Seller requires payment of the Price for the Goods, including the costs of packaging and delivery of the Goods, before the Customer takes over the Goods. The total price can be paid:

  • by card online - payment will be made via the Shopify Paymenets payment gateway, under the conditions set by this payment gateway
  • via Google Pay or Apple Pay
  • by transfer to account.

4.4. In the case of non-cash payment by bank transfer, the Total Price is payable within 5 days from the date of issue of the invoice for the Order, or by a specific date stated on the invoice, which may differ from the time period stated in the Terms and Conditions. The due date stated on the invoice for the Order is always binding for the Customer.

4.5. Any discounts provided on the Price cannot be combined with each other, i.e. only one discount coupon can be used for each Order.

4.6. The Contract is effective upon payment of the Total Price. The Total Price is in the case of:

  • bank transfer is paid at the moment the Seller receives the funds into the account,
  • card payments online, Google Pay, Apple Pay, credit card at the time of payment.

4.7. Ownership of the Goods passes to the Customer upon payment of the Total Price .

4.8. The Seller shall issue a tax document for each Order, i.e. an invoice, which the Customer will find in his User Account and which will also be sent to his e-mail address specified in the Order. The Seller is not a payer of value added tax.

  1. Transportation of Goods

5.1. The goods are delivered within the Czech Republic and to the countries of the European Union.

5.2. The goods will be delivered to the Customer according to his preferences in the following ways:

  • by personal collection at a DPD pick-up point
  • by delivery to the address specified in the Order via DPD
  • In exceptional cases, another method of transport can be individually agreed upon.

5.3. The Customer is obliged to accept the Goods upon delivery to the selected delivery point or address specified in the Order.

5.4. If the goods need to be delivered repeatedly or to a different address or in a different way than specified in the Order due to the Customer not accepting the goods, the Customer is obliged to pay the additional shipping costs incurred. Payment details will be delivered to the Customer at their e-mail address with a 5-day payment due date from the date of delivery.

5.5. The Goods will be delivered depending on the Seller's stock, its availability, the chosen method of transport and payment. The expected delivery date of the Goods will be included in the Order confirmation. The delivery date stated in the E-shop or in the Order confirmation is only indicative and may differ from the actual delivery time. In the event of an extraordinary failure to produce the Goods or a delay on the part of the supplier, the Seller will inform the Customer of the new expected delivery date of the Goods via the e-mail address or telephone number specified in the Order.

5.6. When accepting the Goods from the transport company, the Customer is obliged to check the integrity of the packaging of the Goods and, in the event of any defects, immediately notify the carrier and the Seller. If the Customer finds a defect in the packaging that indicates unauthorized entry into the shipment, he is not obliged to accept the Goods from the carrier.

5.7. If the Customer does not take delivery of the Goods, this does not constitute a breach of the Seller's obligation to deliver the Goods. At the same time, this does not constitute a withdrawal from the Contract, although the Seller has this right due to a material breach of the Contract by the Customer. The Seller is entitled to demand payment of the costs of transportation and compensation for damage if such damage has occurred.

5.8. The risk of damage to the Goods passes to the Consumer at the moment of their acceptance by the carrier. The Consumer therefore bears all consequences associated with the loss, destruction, damage or any impairment of the Goods.

5.9. If the Consumer does not take over the Goods, the risk of damage to the Goods passes to him at the moment he could have taken over the Goods.

  1. User account

6.1. Based on Registration on the E-shop, the Customer can access his User Account as a User. The E-shop allows the purchase of Goods without Registration, therefore it is not necessary to create a User Account.

6.2. The Customer is obliged to provide all personal data truthfully, correctly and completely during Registration. At the same time, he is obliged to update it in the event of any changes.

6.3. Access to the User Account is secured by a username and password. The User is obliged to maintain confidentiality regarding his/her username and password. The Seller is not responsible for any misuse of user data.

6.4. The user account is individually designated for a specific User, therefore it is not possible to allow its use by third parties.

6.5. The Seller may cancel the User Account in the event of a breach of obligations under the Agreement, including the Terms and Conditions, by the User, or if the User does not use his/her User Account for a period of 2 years.

6.6. The User understands that the User Account may not be available continuously, primarily with regard to the necessary maintenance of the hardware and software equipment of the Seller, or third parties cooperating with the Seller.

  1. Processing of personal data

7.1. The Seller processes personal data in accordance with 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 (hereinafter referred to as the "GDPR" ).

7.2. Information on GDPR processing and protection can be found in the “Privacy Policy” on the web portal www.artysea.com.

  1. Rights arising from defective performance

8.1. Rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.2. Information on rights arising from defective performance can be found in the “Complaints Procedure” on the Web portal www.artysea.com .

Withdrawal from the Contract by the Consumer

9.1. Withdrawal from the Contract by the Consumer is governed by Sections 1829-1837 of the Civil Code.

9.2. In the event of the conclusion of the Contract remotely or outside the Seller's business premises, i.e. via the E-shop or other means of distance communication, with the exception of the cases specified in Section 1837 of the Civil Code, the Consumer has the right to withdraw from the Contract within 14 days from the date of conclusion of the Contract. In the event of the purchase of Goods, within 14 days from the date of receipt of the Goods.

9.3. If the subject of the Contract is the purchase of several pieces of Goods within one Order, or Goods consisting of several items that will be delivered separately, the 14-day period begins on the date of delivery of the last piece of Goods, or the last item or part of the Goods. In the case of regular delivery of Goods over a certain period, the 14-day period begins on the date of the first delivery.

9.4. The Consumer shall notify the E-shop of withdrawal from the Contract in writing to the address of the E-shop establishment or electronically to the e-mail address info@artysea.com . The model for withdrawal from the Contract under the title “Notice of withdrawal from the contract for the purchase of goods” is available on the Seller's Web portal www.artysea.com.

9.5. If the Consumer withdraws from the Contract, he shall send or hand over to the Seller without undue delay, but no later than 14 days from the withdrawal from the Contract, the Goods he received from the Seller.

9.6. The E-shop shall return to the Consumer without undue delay, but no later than 14 days from the date of withdrawal from the Contract, the Price of the Goods that it received from him on the basis of the Contract, in the same manner. If the Consumer agrees, the E-shop shall return the funds received in another manner, provided that this does not incur additional costs for the Consumer.

9.7. The costs associated with returning the goods are borne by the Consumer. The goods are returned to the following address:

 

Artysea Collective

Jolana Melounova

Na Vyhlidce 318

387 43 Belcice

Czech Republic

 

9.8. In accordance with Section 1832, paragraph 4 of the Civil Code, the Seller is not obliged to return the funds received to the Consumer before he receives the Goods in question, or until the Consumer proves to him that he has sent the Goods back.

9.9. The Consumer shall return the Goods to the Seller in the original packaging, if possible, and in a condition that corresponds to having only become acquainted with the nature, properties and functionality of the Goods. The Goods must be returned undamaged, clean, without personal perfume odor and suitably packaged, ideally in the packaging material in which the Goods were delivered. The Consumer shall be liable to the Seller for any reduction in the value of the Goods resulting from handling the Goods in a manner other than as specified in the previous sentence. The Seller may refund the Consumer the amount reduced by the costs of restoring the Goods to their original condition.

9.10. The Consumer is not entitled to withdraw from the Contract in the following cases:

  • The goods were made "to order", according to the Consumer's specific requirements or adapted to their personal needs.

 

  1. Copyright to photos and videos published on the E-shop

11.1. Real photos and videos published on the E-shop are copyrighted works within the meaning of Section 2 of Act No. 121/2000 Coll., Copyright Act, as amended (hereinafter referred to as the "Copyright Act" ).

11.2. Photos and videos created directly by the Seller are his copyrighted work, therefore he has all rights to them under copyright law. Photos and videos taken by a professional photographer, provided by a supplier, subcontractor or manufacturer are used on the basis of a granted license.

11.3. Copyright cannot be infringed by a third party without a license, i.e. photos or videos are not intended for free use. Otherwise, the author is entitled to claim copyright protection.

11.4. Illustrative photographs and videos published on the E-shop are used on the basis of a license granted by their author, including the consent of the persons depicted in them, or they are materials intended for free use by the public.

  1. Dispute Resolution with Consumers

12.1. The Consumer may send a complaint about the procedure of the E-shop, which concerns, for example, the delivery of Goods without accessories, a delayed refund of the Price in the event of withdrawal from the Contract or the rejection of a complaint about the Goods, to the E-shop's e-mail address info@artysea.com . The list of possible situations when it is appropriate to first contact the Seller is of course broader, especially in the area of ​​​​delivery of Goods, discounts on the Price, resolution of complaints about Goods and other matters directly related to the Order. The Seller informs the Consumer about the settlement of the complaint via his e-mail address.

12.2. The Consumer may file a complaint with the Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, web portal: http://www.coi.cz , via the web form: https://www.coi.cz/podatelna , or in person or in writing at the relevant branch, for the reasons contained in Act No. 634/2012 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act" ).

These are, for example, the following cases:

  • The Seller will not issue the Consumer with a document confirming receipt of the complaint or the method of its resolution,
  • The Seller does not resolve the complaint within 30 days, or within the extended period agreed upon with the Consumer,
  • The Seller does not inform the Consumer about his rights when making a complaint or about his rights in the event of a discrepancy between the received Goods and the Contract,
  • The Seller will not issue to the Consumer, even upon request, a proof of purchase of the Goods containing all the necessary details,
  • The e-shop uses unfair business practices, such as providing false information about the offered Goods, which has a fundamental influence on the Consumer's decision to purchase them,
  • The Seller will not mark the Goods with a Price,
  • The Seller offers unmarked Goods - e.g. textiles without marking of material composition,
  • The e-shop offers Goods without instructions for use and maintenance in Czech or English,
  • The seller is offering products that are suspected of being unsafe.

12.3. The Czech Trade Inspection Authority is responsible for the out-of-court settlement of consumer disputes arising from the Contract in accordance with the Consumer Protection Act. The platform, which can be found on the web portal http://ec.europa.eu/consumers/odr , can be used to resolve disputes between the Seller and the Customer, who is a Consumer, arising from a contract for the purchase of Goods concluded by electronic means of distance communication.

12.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, web portal: http://www.evropskyspotrebitel.cz , provides information on Consumer rights on the European market, including free assistance and advice regarding Consumer disputes with E-shops from other European Union countries, Norway and Iceland.

12.5. This Agreement shall be governed by the laws of the Czech Republic. All disputes arising out of or in connection with this Agreement shall be settled exclusively by the competent courts of the Czech Republic.

 

  1. Final provisions

13.1. Delivery of all information and documents takes place via electronic means of communication, remotely, i.e. user account, e-mail, telephone number.

13.2. By creating and sending an order for the purchase of Goods, you confirm that you have read the Terms and Conditions and that you fully agree to them via the web form.

13.3. The Contract may only be amended by written agreement between the Seller and the Customer.

13.4. If the Contract or the legal relationship arising from it contains an international element, for example, the delivery of Goods outside the territory of the Czech Republic, the rights and obligations between the contracting parties will always be governed by the law of the Czech Republic. If you are a Consumer, your rights are not affected by the previous sentence.

13.5. In the event of a change to the Terms and Conditions, the Seller will publish the new Terms and Conditions on the Web Portal. However, this change will not affect the rights and obligations arising from Contracts concluded before the new Terms and Conditions came into effect.

13.6. In the case of regular or repeated delivery of Goods, the new version of the Terms and Conditions will be sent to the Customer's e-mail address no later than 14 days from the date of entry into force of the new Terms and Conditions. If the Customer does not send the Seller a notice of termination of the Contract for regular or repeated delivery of Goods within 14 days of delivery of the new version of the Terms and Conditions, the new Terms and Conditions will become part of the Contract and will apply to the first delivery of Goods following the entry into force of this change. If the Customer exercises the option to terminate the Contract, the notice period is 2 months.

 

These Terms and Conditions come into effect from 1.5.2025.