Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These general terms and conditions (“Terms and Conditions”) of Kristyna Smetanova, with registered office at Pod Valy 86, 266 01 Tetín, Czech Republic, ID No.: 88146472, VAT No.: CZ9061090676, e-mail info@smetanova.art, telephone number +420 722 922 007 (“We” or “Seller“) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as the Buyer, and Us, as the Seller, arising in connection with or based on the purchase contract (the “Contract”) concluded through the E-shop on the website www.smetanova.art.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here www.smetanova.art/processing-of-personal-data

The provisions of these Terms are an integral part of the Contract. The Contract and the Terms and Conditions are in Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of means of distance communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website (“E-shop web interface”).

If any part of the Terms contradicts what we have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will take precedence over the Terms.

I. SOME DEFINITIONS

The price is the amount of money you will pay for the Goods;
Shipping Price is the amount of money you will pay for the delivery of the Goods, including the cost of packing them;
Total Price is the sum of the Price and the Shipping Charge;
VAT is the value added tax in accordance with applicable law;
Invoice means a tax document issued in accordance with the Value Added Tax Act in respect of the Total Price;
Order means Your irrevocable proposal to enter into a Contract for the purchase of Goods with Us;
User Account means an account set up on the basis of the data provided by You, which allows the storage of the data entered and the storage of the history of Goods ordered and Contracts concluded;
You are the person shopping on Our E-shop, legally referred to as the buyer;
Goods are anything you can purchase on the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

Purchase of the Goods is only possible via the web interface of the E-shop.
When purchasing the Goods, it is your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided to Us when ordering the Goods to be correct and truthful.

III. CONCLUSION OF THE CONTRACT

The contract with Us can only be concluded in Czech or English language.
The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
In order for Us to enter into the Contract, You need to create a draft Order on the E-shop. This proposal must include the following information: Information about the Goods you are purchasing (on the E-shop, you indicate the Goods you are interested in purchasing by clicking “Add to Cart”); Information about the Price, Shipping Price, Total Price payment method and the desired delivery method of the Goods; this information will be entered as part of the creation of the Order proposal within the E-shop user interface, and the information about the Price, Shipping Price and Total Price will be entered automatically based on the Goods and delivery method you have selected; Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address; In the case of a Contract under which we will deliver Goods to you on a regular and recurring basis, also how long we will deliver the Goods to you.
During the creation of the draft Order, he can change and check the data until its creation. After checking by pressing the “Order binding payment” button, the Order will be created. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to create the Order. The checkbox is used to confirm and agree. After pressing the “Order binding payment” button, all completed information will be sent directly to us.
We will confirm your Order as soon as possible after it has been delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us shall constitute the conclusion of the Contract between Us and You. The Terms as in force on the date of the Order form an integral part of the Contract.
There may be cases where we are unable to confirm your Order. This includes situations where the Goods are unavailable or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not come as a surprise to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract will be concluded at the time You confirm Our offer.
In the event that a manifestly incorrect Price is quoted within the E-shop or in the Order proposal, We shall not be obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. The new Contract is then concluded when You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending it, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a missing or missing digit.
In the event that the Contract is concluded, you are obliged to pay the Total Price.
If you have a User Account, you can place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
In some cases, we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. USER ACCOUNT

You can access your User Account based on your registration in the E-shop.
When registering your User Account, it is your responsibility to provide correct and truthful information and to update it in the event of a change.
Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we will not be liable for this.
The user account is personal and you are therefore not entitled to allow third parties to use it.
We may cancel your User Account, in particular if you do not use it for more than 180 days or if you breach your obligations under the Agreement.
The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

V. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE

The price is always indicated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.
The total price is inclusive of VAT including any charges provided for by law.
Payment of the Total Price will be required from You after the conclusion of the Contract and before delivery of the Goods. Payment of the Total Price can be made by the following methods. We will send you the information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 5 days of the Order. By card online. In this case, payment is made through the payment gateway of Barion Payment Inc. and payment is subject to the terms and conditions of this payment gateway, which are available at: https://www.barion.com/cs/obecne-podminky/. In the case of payment by card online, the Total Price is payable within 24 hours of ordering. Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment by cash on delivery, the Total Price is payable on receipt of the Goods. Cash on collection in person. Cash can be paid for Goods in the event of collection at Our premises. In the case of payment in cash on collection in person, the Total Price is payable on receipt of the Goods. An invoice will be issued electronically after payment of the Total Price and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.
Ownership of the Goods will only pass to You once You have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

The goods will be delivered to you in the manner of your choice, and you can choose from the following options: a) Personal collection at our premises listed in the list of premises; b) Personal collection at the delivery points of the company Zásilkovna, Uloženka; c) Delivery via transport companies Czech Post, PPL CZ, DHL, Zásilkovna;
Goods can be delivered only within the Czech Republic and Slovakia
The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.
Upon receipt of the Goods from the Carrier, it is Your obligation to check the integrity of the packaging of the Goods and in the event of any defects, to notify the Carrier and Us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.
In the event that You breach Your obligation to accept the Goods, except in accordance with Article VI.4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Shipping Price or any claim for damages, if any.
If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs associated with such repeated delivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.
The risk of damage to the Goods shall pass to You when You take delivery of the Goods. In the event that you do not take delivery of the Goods, except in accordance with clause VI.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.
In the event that the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been indicated, We will always inform You in the event of: a) an extraordinary failure in the production of the Goods, whereby We will always inform You of the new expected period of availability or information that it will not be possible to deliver the Goods; b) a delay in delivery of the Goods from Our supplier, whereby We will always inform You of the new expected delivery period.
In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery time specified in the Order Confirmation, for whatever reason, We and You shall be entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We warrant that at the time the risk of damage to the Goods passes under Article VI.7 Conditions, the Goods are free from defects, in particular that: (a) it has the characteristics that we have agreed with you and, if not expressly agreed, then those that we have stated in the description of the Goods or that can be expected in view of the nature of the Goods; (b) it is suitable for the purposes that we have stated or that are usual for Goods of this type; (c) it is of the quality or workmanship of the agreed sample, if the quality or workmanship has been determined from the sample; (d) it is of the appropriate quantity and weight; (e) it meets the requirements imposed on it by law; (f) it is not encumbered by third party rights.
The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
In the event that the Goods are defective, i.e. in particular if any of the conditions under Article VII.1 are not fulfilled, You may notify Us of such defect and exercise the rights arising from the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses indicated in Our identification data. You may also use the sample form provided by Us, which is attached as Appendix 1 to the Terms and Conditions, to make a claim. In exercising the right of defective performance, you must choose how you wish to resolve the defect and you cannot subsequently change this choice, except in accordance with clause 7.4, without Our consent. We will settle the claim in accordance with the defective performance right You have exercised. In the event that You do not choose to deal with the defect, You shall have the rights set out in clause 7.5 even in situations where the defective performance was a material breach of the Contract.
If the defective performance is a material breach of the Contract, you have the following rights:n a) to have the defect remedied by delivery of new Goods without defect or delivery of the missing part of the Goods; b) to have the defect remedied by repair of the Goods; c) to receive a reasonable discount on the Price; d) to withdraw from the Contract. If You choose to resolve the defect under a) or b) and We do not remedy the defect in this way within a reasonable period of time specified by Us or We tell You that We will not remedy the defect in this way at all, You have rights under c) and d) even if You did not originally request them as part of the claim. At the same time, if you choose to remedy the defect by repairing the Goods and We find that the defect is irreparable, We will notify you and you may choose another method of remedying the defect.
If the defective performance is a non-substantial breach of the Contract, you have the following rights: a) to have the defect rectified by delivery of new Goods without defect or delivery of the missing part of the Goods; b) to have the defect rectified by repair of the Goods; c) to receive a reasonable discount on the Price. However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to the recurrence of defects after the Goods have been repaired or if there are multiple defects in the Goods.
In the event of a material or immaterial breach, you may not withdraw from the Contract or require delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases: (a) if the condition of the Goods has changed as a result of an inspection for the purpose of discovering the defect; (b) if the Goods were used before the defect was discovered; (c) if the impossibility of returning the Goods in their unaltered condition was not caused by your act or omission; (d) if the Goods were sold, consumed or altered by you in normal use before the defect was discovered; however, if this has occurred only in part, it is your responsibility to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of the part of the Goods.
Within 3 days of receipt of a claim, we will confirm to you by email that we have received the claim, when we received it and the estimated time it will take to resolve the claim. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.
We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.
In the event that You are a business, it is Your obligation to notify and complain about the defect without undue delay after You may have discovered it, but no later than three days after receipt of the Goods.
If you are a consumer, you have the right to exercise your rights under the defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
The provisions regarding the right of defect do not apply in the case of:
a) Goods sold at a lower Price, for the defect for which the lower Price was agreed; b) wear and tear of the Goods caused by their normal use; c) used Goods, for a defect corresponding to the level of use or wear and tear the Goods had when you took them over; d) where this results from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
In case you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of § 1829 of the Civil Code. In case we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period shall begin on the date of delivery of the last part of the Goods, and in case we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it shall begin on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the model form provided by Us for withdrawal, which is attached as Appendix 2 to the Terms and Conditions.
However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract: (a) Goods whose Price depends on financial market fluctuations independent of Our will and which may occur during the withdrawal period; (b) delivery of alcoholic beverages which may not be delivered until after thirty days and whose Price depends on financial market fluctuations independent of Our will; c) Goods that have been modified to Your wishes or for Your person; d) Goods that are perishable and Goods that have been irretrievably mixed with another after delivery; e) Goods in sealed packaging which have been removed from the packaging and cannot be returned for hygiene reasons; f) the supply of an audio or visual recording or computer program where the original packaging has been damaged; g) the supply of newspapers, periodicals or magazines; h) the supply of digital content unless it has been supplied on a tangible medium and has been supplied with Your prior express consent before the expiry of the withdrawal period and We have told You that You have no right to withdraw from the Contract.
The withdrawal period under Article VIII.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period.
In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected for withdrawal from the Contract. However, the amount will not be refunded until You have returned the Goods to Us or proved that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging where possible.
In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, You are obliged to send the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
You shall be liable to Us for damages in cases where the Goods are damaged as a result of Your handling them in a manner other than that which is necessary in view of their nature and characteristics. In such a case, We will invoice You for the damage caused after the Goods have been returned to Us and the amount invoiced is due within 14 days. If We have not yet returned the Price to You, We shall be entitled to set off the claim for costs against Your claim for reimbursement of the Price.
We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Article VI.9 of the Conditions. We may also withdraw from the Contract if it is clear that you have intentionally provided incorrect information in the Order. In the event that you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
We handle consumer complaints via the electronic address info@smetanova.art. We will send information about the handling of the complaint to the buyer’s electronic address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

X. FINAL PROVISIONS

If our legal relationship with you contains an international element (for example, we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.
The Contract may only be amended by written agreement between us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect existing Contracts, but only Contracts entered into after the amendment becomes effective. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in the event that you give notice is 2 months.
In case of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, failures of subcontractors, etc.), we shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we and you have the right to withdraw from the Contract.
A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.
The Contract, including the Terms, is archived electronically with us but is not accessible to you. However, You will always receive these Terms and Conditions and an Order Confirmation with a summary of the Order by email and will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.
These Terms will take effect on 01.11.2023.

COMPLAINT FORM

Customer’s name and surname:
Email and phone number:
Point of sale/location where item was purchased:
Date of purchase:
PRODUCT INFORMATION

Full name of the product/product	Size (cm)	Date of purchase	Order number

REASON FOR COMPLAINT

☐ Damaged packaging.
☐ Defective packaging (different colour, size or foreign object in the package). Please note: Foreign object must be presented.
☐ Other, describe here: …………………………………………………………………………………………………………………………….

Submit photos of the product and packaging. Send the form and photos to info@smetanova.art.

Date:
Signature:

ANNEX 2 – WITHDRAWAL FORM

Recipient: Kristyna Smetanova, with registered office Pod Valy 86, 266 01 Tetín, Czech Republic, IČO: 88146472, DIČ: CZ9061090676

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Specification of the Goods to which the Contract relates:
The method for reimbursement of the funds received, including, where applicable, the bank account number:

If the buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without giving any reason and without any penalty, if he/she has ordered the goods via the e-shop of Kristyna Smetanovy (“Company”) or other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. The Buyer shall notify the Company of such withdrawal in writing to the Company’s business address or electronically to the e-mail address indicated on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, he/she shall send or hand over to the Company the goods he/she received from the Company without undue delay, at the latest within 14 days from the withdrawal from the purchase contract.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to him without undue delay, no later than within 14 days of withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including the cost of delivery, which he has received from him on the basis of the purchase contract, in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall refund the Buyer the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the monies received to the Buyer before the Buyer has handed over the goods to the Company or proved that it has dispatched the goods to the Company.

Date:
Signature:

Here you can find the current Sale of paintings.
You can get further inspiration by looking around in the history of the paintings in my personal Gallery.
Feel free to contact me if you are interested in, for example, commissioned Abstract Paintings.

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