TERMS AND CONDITIONS
(hereinafter referred to as "Terms and Conditions")
1. INTRODUCTORY PROVISIONS
1.1. The operator of the internet shop located on the website www.jakubsnajberg.com (hereinafter referred to as "Internet Shop") is Jakub Šnajberg (hereinafter referred to as the "Seller").
1.2. These Terms and Conditions govern the relations between the parties to the contracts between the Seller and the Buyer as defined below.
1.3. For the purposes of these Terms and Conditions, the Buyer means any natural person doing business or non-business and legal entity (hereinafter referred to as the "Buyer"), which concludes a contract with the Seller, the subject of which is the purchase of goods (hereinafter referred to as the "Contract") via the Internet Shop.
1.4. If the Consumer is specified in these Terms and Conditions, this means the Buyer who is a natural person not engaged in business with residence in European Union (hereinafter referred to as the “Consumer”).
1.5. If an Entrepreneur is specified in these Terms and Conditions, this shall mean the Buyer who is a legal person, a natural person doing business and/or an entrepreneur within the meaning of Section 420 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Entrepreneur”).
2. INTRODUCTORY STATEMENT
2.1. Submitting an Order as defined below in accordance with Article 4.1. of these Terms and Conditions, the Buyer declares that prior to entering into the Contract, the Buyer has become familiar with these Terms and Conditions, including a notice prior to the conclusion of the Contract stipulated in Article 3 of these Terms and Conditions and expressly agrees with them in a version that is valid and effective at the time of sending the Order.
2.2. By concluding the Contract with the Seller, each Buyer expressly agrees to use the means of communication that enable the Contract to be concluded without the simultaneous physical presence of the contracting parties (hereinafter referred to as "Remote Communication Means").
3. COMMUNICATION BEFORE CLOSING THE CONTRACT
3.1. In accordance with Section 1820 (1) of Act No. 89/2012 Coll., The Civil Code, as amended, the Seller hereby informs the Buyer of the following information:
3.1.1. the cost of remote communication means does not differ from the base rate according to the cost of the Internet and telephone provider of the Buyer and the Seller does not charge any additional fees, this does not apply to any contracted transport of goods and/or possible import taxes;
3.1.2. The Seller requires payment of the purchase price for the goods before the Seller sends the goods (prints) to the Buyer or provides download link (presets) to the Buyer;
3.1.3. any obligation to pay a deposit or similar payment relates to Buyer's requirements for the provision of specific services if required and provided;
3.1.4. The Seller does not conclude contracts through Internet Shop whose subject matter is repeated performance or indefinite contract;
3.1.5. VAT (if applicable) is included in the prices of the goods in the Internet Shop; the cost of delivery may vary depending on the location of the Buyer;
3.1.6. Consumer, has the right to withdraw from the contract (unless stated otherwise in these General Terms and Conditions), within the period of 14 (fourteen) days, (with exception of the Presets, which are digital downloads and cannot be returned and/or reimbursed once they are downloaded), whose run begins when
a. Purchase Contract, from the date of receipt of the goods;
b. a contract relating to several types of goods or the delivery of several parts from the date of receipt of the last delivery of the goods; or
c. contract, the subject of which is regular repeated delivery of goods, from the date of receipt of the first delivery of goods;
whereas this withdrawal must be sent to the Seller’s name Jakub Šnajberg at the address: Korunní 2569/108G, Praha 10, Postal Code 101 00, Czech Republic;
3.1.7. The Consumer and/or the Buyer cannot withdraw from the Contract if it is a Contract on:
a. the supply of goods that have been customized to the Consumer's/Buyer’s wishes or to his person;
b. provision of services that the Seller fulfilled with the prior explicit consent of the Consumer/Buyer before the expiry of the withdrawal period;
c. the supply of goods or services the price of which depends on fluctuations in the financial market, irrespective of the will of the Seller, and which may occur during the withdrawal period;
d. delivery of perishable goods as well as goods which have been irrevocably mixed with other goods upon delivery;
e. repair or maintenance carried out at a location designated by the Consumer/Buyer at his request; however, this does not apply in the case of subsequent non-solicited repairs or delivery of non-solicited spare parts;
f. delivery of goods in a sealed package which the Consumer/Buyer has removed from the packaging and cannot be returned for hygienic reasons;
3.1.8. in case of withdrawal from the Contract, the Consumer/Buyer shall bear the costs of returning the goods and, in the case of a Contract concluded by means of Remote Communication, the cost of returning the goods if such goods cannot be returned by their usual postal route;
3.1.9. The Consumer/Buyer is under an obligation to pay a proportionate price in the event of withdrawal from the Contract for the provision of services and the performance of which has already begun;
3.1.10. in the event that the Consumer/Buyer is not satisfied with the Seller's services, he may address his complaint directly to the Seller, or he may address his complaint to the supervisory or state supervision body pursuant to Article 12.3. of these Terms and Conditions.
4. CONCLUSION OF THE CONTRACT
4.1. The Buyer concludes the Contract with the Seller by accepting the proposal to conclude the Contract in the Internet Shop, with the required goods or service “inserted” into the “Cart” (hereinafter the “Order”). Prior to the binding confirmation and sending of the Order, the Buyer has the possibility to change the required performance, transport and the method of payment and at the same time the obligation to check all data stated during the order filling.
4.2. In the event of a failure of the Internet Shop and its system caused by force majeure, the Seller shall not be liable for such failure.
4.3. The Contract is concluded by sending the Order by the Buyer after selecting the mode of transport and the method of payment via the form in the Internet Shop and accepting the Order by the Seller. Subsequently, the Seller confirms receipt by e-mail that the Buyer has stated in the Order.
4.4. The Seller is not responsible for any errors in data transmission.
4.5. Subsequently, the Contract may only be amended by agreement between the Buyer and the Seller, unless changes are made by law.
5. DELIVERY OF GOODS
5.1. After the payment for the Order is carried out, the Seller undertakes to deliver to the Buyer the goods that are the subject of the Contract in the agreed quantity and specification and to enable the Buyer to acquire the ownership right to it (except the Presets, which are available for download via a link send by an email after they are paid for by the Buyer). Buyer submitting an Order under Clause 4.1. of these Terms and Conditions undertakes to take over the ordered goods and pay the Seller the purchase price for them.
5.2. In accordance with Section 2132 of the Civil Code, the Seller reserves the right to property. The Buyer becomes the owner of the goods only after the purchase price has been paid in full.
5.3. The Seller fulfills his obligation to hand over the goods to the Buyer if he allows him to dispose of the goods at the place of performance (delivered and/or downloaded if applicable).
5.4. The Seller always wraps the goods in the manner needed to preserve and protect them.
6. TRANSFER OF RISK OF DAMAGE TO GOODS
6.1. The Buyer has the right to assert its rights from defective performance in case of defects that the goods have when transferring the risk of damage to the Buyer.
6.2. The buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has been transferred and to check its properties and quantity.
6.3. The risk of damage to the goods passes to the Buyer at the time of its receipt. Furthermore, the risk of damage passes to the Buyer if the Buyer refuses to accept the goods, although the Seller will allow him to dispose of the goods.
6.4. Damage to goods incurred after the transfer of the risk of damage under Article 6.3. of these Terms and Conditions, has no effect on the Buyer's obligation to pay the purchase price.
6.5. The Buyer shall not be entitled to any defective performance if he already knew of the defect at the time of receipt of the goods and / or caused the defect himself.
6.6. The Buyer shall not be entitled to any defective performance in the event that the Buyer has discovered the defect or has been able to ascertain it in the course of a timely inspection and sufficient care.
7. WITHDRAWAL FROM THE CONTRACT
7.1. Referring to Article 3.1.6. of these Terms and Conditions, the Consumer has the right to withdraw from the Contract within the period specified in Article 3.1.6. listed under the following conditions:
7.1.2. the Consumer is obliged to send to the Seller, without undue delay, no later than within 14 (fourteen) days of withdrawal from the Contract, goods received from the Seller at the expense of the Consumer;
7.1.3. the Consumer is obliged to return the goods complete, including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging and in the condition and value at which it was taken over;
7.1.4. in the case of consumer goods, the Consumer may withdraw from the Contract only if the Consumer returns the goods undamaged and intact in the original packaging;
7.1.5. the Consumer is responsible for reducing the value of the goods resulting from the handling of the goods other than to be treated with regard to their nature and characteristics;
7.1.6. the Consumer shall return to the Seller, without undue delay, no later than within 14 (fourteen) days of the delivery of the withdrawal, all funds received from the Consumer under the Contract. The Seller shall not return to the Consumer the funds before the Consumer returns the goods or proves that they have sent them to the Seller;
7.2. the Entrepreneur cannot withdraw from the Contract in accordance with Article 7.1. of these Terms and Conditions. If allowed by the Seller, the Entrepreneur acknowledges that the refunded purchase price may be reduced by the amount by which the value of the goods was reduced.
7.3. The Buyer may not withdraw from the Contract or request the delivery of new goods if the goods cannot be returned in the state in which they were received, except:
7.3.1. if there is a change in condition as a result of an inspection to detect defects in the goods;
7.3.2. if the Buyer used the thing before the appearance of the defect;
7.3.3. if the Buyer has not caused the impossibility of returning the item in its unaltered state by its act or omission.
7.4. If the Buyer fails to notify the Seller of the defect in time, the Buyer loses the right to withdraw from the contract.
8. PROTECTION OF PERSONAL DATA
8.1. The Seller is the controller of personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR").
8.2. As part of the operation of the Internet Shop, the Seller processes the following personal data about the Buyer:
8.2.1. first and last name, or business name;
8.2.2. identification number of the person as the Entrepreneur;
8.2.3. permanent address;
8.2.4. email;
8.2.5. Bank account number; where applicable, the payment card details used to purchase the goods;
8.2.6. IP address, cookies, geo location.
(hereinafter referred to as "Personal Data")
8.3. The Buyer agrees that when ordering and taking over the goods, as well as when registering for the Internet Shop, it is required to fill in the data that are personal data.
8.4. The Buyer acknowledges that the Seller will collect the Buyer's Personal Data in the activities specified in these Terms and Conditions for the period specified below, collect, process and store as the Personal Data Administrator in accordance with Act No. 110/2019 Coll. and GDPR. The Seller is entitled to do so for as long as and to the extent necessary to carry out all activities related to the conclusion of the Contract, in particular for the purpose of processing the Buyer's Order.
8.5. In the event that the Buyer grants consent to the Seller for the processing of Personal Data for the purpose of sending commercial communications, the legal reason is the processing of Personal Data is this consent and Personal Data will be processed for a period of 5 (five) years after granting the consent, in the case of processing of Personal Data on the basis of performance of the Contract (Orders).
8.6. Processing of the Buyer's Personal Data shall be carried out by the Seller, authorized Seller's employees or the Seller may entrust a third party, as the processor, to the extent necessary to fulfill the purpose of processing personal data;
8.7. Recipients of Personal Data are persons (i) involved in the delivery of goods and payments in relation to the Order, (ii) providing services for the operation of Internet Shop and other services in connection with the operation of Internet Shop, (iii) providing the Seller's marketing services.
8.8. The Buyer has the right (i) to be forgotten (the right to delete Personal Data), unless this proves to the Seller another legal reason for processing Personal Data; (ii) require the Seller to access and correct Personal Data; (iii) object to the processing of Personal Data; (iv) request from the Seller information on how Personal Data is handled; (v) Obtain your Personal Data in a machine-readable and transferable format to transmit it; (vi) lodge a complaint with the Office for Personal Data Protection if he / she has doubts about compliance with the Personal Data Protection Act or the GDPR by the Seller; (vii) require the Seller to limit the processing of Personal Data, (viii) revoke his consent to the processing of Personal Data if granted to the Seller.
8.9. The Seller declares that he has taken all appropriate technical and organizational measures to safeguard the Personal Data.
8.10. The Seller has taken technical measures to secure data storage and personal data repositories in paper form.
8.11. The Seller declares that only personally authorized and authorized persons have access to the Personal Data.
8.12. Upon expiry of the necessary period for storing personal data, the Seller will irrevocably delete / destroy them.
8.13. The Seller reserves the right to refuse the Buyer's Order created from a suspicious IP address, i.e. when using a so-called proxy server, to prevent crime and minimize damage. In case of problems with the Order, the Buyer may contact the Seller via the Seller's e-mail address.
8.14. The Seller may further process the so-called "cookies" files to facilitate the provision of information society services and to ensure that the purchaser is aware of the information stored in the terminal equipment that he uses. The buyer has the option of refusing "cookies" or similar tools to be stored on his or her terminal device, for example, using the browser's anonymous browsing feature. For details about cookies, please visit https://support.google.com/chrome/answer/95647?hl=en_US.
9. GOODS PRICES
9.1. All Internet Shop prices are contractual prices. Online and current prices in Euros are always listed in the Internet shop. The stated prices for individual goods are final, i.e. including VAT and possibly other taxes and fees (excluding any and all taxes to which the Buyer is obligated to pay in the Buyer’s country according to the Buyer’s country’s laws, i.e. import taxes, etc.).
9.2. Promotional prices are always valid until the stocks of the goods that are in action or for a certain period of time are listed in the Internet Shop.
9.3. The Buyer acknowledges that there may be cases where the Contract between the Seller and the Buyer is not concluded, especially if the Buyer orders the goods for a price published by mistake due to an error of the Seller's internal information system; informs the e-mail that the Buyer has stated in the Order.
9.4. If personal data, payment cards, etc. are misused in the Order, the Seller reserves the right to declare the Contract not concluded.
10. PAYMENT CONDITIONS
10.1. The Seller allows the following payment methods, among which the Buyer chooses when completing an Order via an Internet Shop form:
10.1.1. credit/debit card payment via PayPal;
10.1.2. payment by PayPal;
10.2. Buyer's billing information cannot be changed retrospectively after you submit an Order.
10.3. For the purposes of these Terms and Conditions, it is expressly stated that all payments are deemed to be paid at the moment they are credited to the Seller's bank/PayPal account.
11. DELIVERY CONDITIONS
11.1. The prices for delivery of the Prints are listed as part of their selection when completing an Order.
12. COPYRIGHT
12.1. The Seller is the sole owner of any and all rights to the goods (Prints and Presets) the web pages of the Internet Store and their contents are subject to the Czech Republic copyright laws. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on the web pages of the Internet Store requires the prior written consent of the respective owner of the rights, in this case the Seller. Individual reproductions of a work (prints) are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable by law.
13. FINAL PROVISIONS
13.1. The Terms and Conditions, the Contract as well as any and all relations between the Buyer and the Seller are subject to the laws of the Czech Republic and any possible disputes shall be resolved by competent courts in the Czech Republic.
13.2. The contents of the Internet Store have been created with the utmost care. However, the Seller cannot guarantee the contents' accuracy, completeness or topicality.
13.3. The Seller is entitled to change these Terms and Conditions at any time. The new Terms and Conditions are valid and effective on the day they are posted on the Internet Store. Upon the validity of the new terms and conditions, these Terms and Conditions shall cease to exist.
13.4. The Buyer shall be deemed to agree to a change in the Terms and Conditions at the time the new Order is sent.
14.5. In the event that a Consumer dispute arises between the Seller and the Consumer arising from the Contract that cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court settlement of such dispute to a designated out-of-court settlement of consumer disputes, which is :
14.5.1. Czech Trade Inspection, Central Inspectorate-ADR, with its registered office at ŠtÄ›pánská 15, Prague 2, 120 00, Czech Republic, e-mail: adr@coi.cz, web: www.adr.coi.cz.
The Consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.