Terms and Conditions

Adéla Asníková

Place of Business: Luční 656, 431 51 Klášterec nad Ohří, Czech Republic

ID / Reg. No.: 30107539

Natural person registered in the Trade Register maintained by the Municipal Authority of Kadaň.

Not a VAT payer.

For the sale of goods through the online store of the Original Art Gallery, Adéla Asníková Studio, located at the website address: atelier-asnikova.cz

1. General Provisions

1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of sole proprietor Adéla Asníková, with registered place of business at Klášterec nad Ohří, Luční 656, 431 51, Identification Number (ID No.): 30107539, registered in the Trade Register maintained by the Municipal Authority of Kadaň (hereinafter referred to as the "Seller"), govern, in accordance with Section 1751(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 in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address atelier-asnikova.cz (hereinafter referred to as the "Website"), via the interface of the Website (hereinafter referred to as the "Web Interface of the Store").

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or self-employed profession when ordering goods.

1.3. Provisions departing from the Terms and Conditions may be agreed upon in the Purchase Agreement. Departing arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. User Account

2.1. Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "User Account"). If the store's web interface allows it, the buyer may also place orders for goods without registration directly from the web interface of the store.

2.2. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the details provided in the User Account whenever they change. The details provided by the buyer in the User Account and when ordering goods are considered correct by the seller.

2.3. Access to the User Account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The buyer is not entitled to allow third parties to use the User Account.

2.5. The seller may cancel a User Account, particularly if the buyer has not used their User Account for more than 2 years, or if the buyer breaches their obligations under the purchase agreement (including these Terms and Conditions).

2.6. The buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary hardware and software maintenance by the seller, or necessary hardware and software maintenance by third parties.

3. Conclusion of the Purchase Agreement

3.1. All presentations of goods placed on the web interface of the store are for informative purposes only, and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs for returning goods if these goods cannot, by their nature, be returned by standard postal mail. Prices of goods include all related fees (the seller is not a VAT payer). Prices of goods remain valid for 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.

3.3. Information on the costs associated with packaging and delivery displayed in the web interface of the store (in the amount of CZK 390) applies to delivery within the Czech Republic. In the case of international delivery, this amount covers packaging and shipment preparation costs; actual international shipping costs will be charged additionally as a surcharge based on the carrier's final calculation for the destination country.

3.4. To order goods, the buyer shall fill out the order form in the web interface of the store. The order form contains, in particular, information about:

3.4.1. the ordered goods (the buyer "places" the ordered goods into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment for the purchase price of the goods, details of the requested method of delivery of the ordered goods, and

3.4.3. information regarding the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5. Prior to sending the order to the seller, the buyer is allowed to check and modify the data entered into the order, including the option to identify and correct errors made during data entry. The buyer submits the order to the seller by clicking the "Complete Order" button (or "Place Order"). The details specified in the order are considered correct by the seller. Immediately upon receiving the order, the seller shall confirm receipt to the buyer via email at the buyer's email address specified in their user account or order (hereinafter referred to as the "Buyer's Electronic Address").

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

3.7. The contractual relationship between the seller and the buyer is established upon the delivery of the order acceptance, which is sent by the seller to the buyer by email to the buyer's electronic address.

3.8. The buyer agrees to the use of distance communication tools when concluding the purchase agreement. Any costs incurred by the buyer when using distance communication tools in connection with concluding the purchase agreement (costs of internet connection, telephone calls) shall be borne by the buyer, and these costs do not differ from the standard rate.

4. Price of Goods and Payment Terms

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

in cash upon personal takeover at the seller's premises at Luční 656, 431 51 Klášterec nad Ohří, Czech Republic

cashless by bank transfer to the seller's account No. 8811473/0100, maintained with Komerční banka, a.s. (hereinafter referred to as the "Seller's Account");

cashless by payment card.

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3. The seller does not require an advance payment or other similar payment from the buyer. This does not affect the provisions of Section 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or cash-on-delivery payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days from the conclusion of the purchase agreement.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. The seller is entitled, particularly in cases where the buyer does not provide additional confirmation of the order (Section 3.6), to demand payment of the full purchase price before dispatching the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in commercial practice or if stipulated by generally binding legal regulations, the seller shall issue a tax document (invoice) to the buyer regarding payments made on the basis of the purchase agreement. The seller is not a VAT payer. The seller shall issue the tax document (invoice) to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address.

5. Withdrawal from the Purchase Agreement

5.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of goods that have been customized according to the wishes of the buyer or for their person, for the supply of perishable goods, as well as goods that have been inextricably mixed with other goods after delivery, for the supply of goods in sealed packaging which the consumer has unsealed and which cannot be returned for hygiene reasons, and for the supply of an audio or video recording or computer software if the original packaging has been broken.

5.2. Unless it is a case specified in Section 5.1 of these Terms and Conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement within fourteen (14) days from the receipt of the goods in accordance with Section 1829 (1) of the Civil Code. If the subject of the purchase agreement involves several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Notice of withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence. To withdraw from the purchase agreement, the buyer may use the sample form provided by the seller, which forms an annex to these Terms and Conditions. The buyer may send notice of withdrawal from the purchase agreement to, among other options, the address of the seller's premises or to the seller's email address: AsnikovaAdela@seznam.cz.

5.3. In the event of withdrawal from the purchase agreement pursuant to Section 5.2 of these Terms and Conditions, the purchase agreement is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivering the notice of withdrawal to the seller. If the buyer withdraws from the purchase agreement, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by standard postal mail due to their nature.

5.4. In the event of withdrawal from the purchase agreement pursuant to Section 5.2 of these Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase agreement by the buyer, using the same payment method as was received from the buyer. The seller is also entitled to return performance provided by the buyer upon the return of the goods by the buyer or in another manner, provided that the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

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

5.6. In cases where the buyer has the right to withdraw from the purchase agreement pursuant to Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time up until the goods are received by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, cashless to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses effect, and the buyer is obliged to return the provided gift along with the goods to the seller.

6. Transport and Delivery of Goods

6.1. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport. The buyer selects the method of delivery in the order. Offered delivery methods include delivery via contracted carriers (Czech Post – Fragile Package, PPL) or personal pickup at the seller's premises.

6.2. If the seller is obliged under the purchase agreement to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

The costs associated with packaging and delivery of the goods are:

for delivery via Czech Post or PPL (including secure packaging for fragile original artworks): CZK 390;

for personal pickup at the seller's premises: free of charge.

6.3. In the event that, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery, or costs associated with another delivery method.

6.4. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of damage to the packaging indicating unauthorized intrusion into the shipment, the buyer is not obliged to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by special delivery terms of the seller, if issued by the seller.

Given the nature of the goods (original artworks), the buyer is obliged to check the condition of the packaging upon receiving the shipment from the carrier. If the packaging is visibly damaged, it is recommended to complete a damage report with the driver/carrier or refuse to accept the shipment. The buyer is obliged to inform the seller immediately of any shipping damage by email at AsnikovaAdela@seznam.cz and send photo documentation of the damaged packaging and the artwork so that a claim with the carrier can be initiated promptly.

7. Rights Arising from Defective Performance (Warranty and Claims)

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular 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 from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, such characteristics as described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on their advertising;

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used;

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model;

7.2.4. the goods are in the appropriate quantity, measure, or weight; and

7.2.5. the goods comply with legal regulations.

7.3. The provisions specified in Section 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by standard use of the goods, to used goods for defects corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if it follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, the goods shall be presumed to have been defective upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within a period of twenty-four months from receipt.

7.5. Rights arising from defective performance shall be exercised by the buyer with the seller at the address of their premises where the acceptance of a claim is possible with regard to the range of goods sold, or at the seller's registered office or place of business.

7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's Complaint Procedure (Reklamační řád).

8. Other Rights and Obligations of the Contracting Parties

8.1. The buyer acquires ownership of the goods upon full payment of the total purchase price of the goods.

8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) (e) of the Civil Code.

8.3. Consumer complaints are handled by the seller via the email address AsnikovaAdela@seznam.cz. Information regarding the settlement of the buyer's complaint will be sent by the seller to the buyer's email address.

8.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.

8.5. The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika), with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the 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 for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within its competence by the relevant Trade Licensing Office (Živnostenský úřad). Supervision of personal data protection is exercised by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.7. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. Personal Data Protection

9.1. The seller fulfills their information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 performing the purchase agreement, for the purposes of negotiating this agreement, and for the purposes of fulfilling the public law obligations of the seller, by means of a separate document.

10. Sending Commercial Communications and Storing Cookies

10.1. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer's electronic address, and further agrees to the sending of commercial communications by the seller to the buyer's electronic address. The seller fulfills their 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 purposes of sending commercial communications by means of a separate document.

10.2. The buyer agrees to the storing of so-called cookies on their computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the preceding sentence at any time.

11. Delivery and Electronic Communication

11.1. Notifications and communications may be delivered to the buyer's electronic address.

11.2. Delivery to the buyer shall be made primarily to the electronic address (email) specified in their user account or order.

11.3. In connection with processing the order and executing the purchase agreement, operational and informational messages (in particular, order receipts, processing updates, and shipment tracking info) are automatically sent to the buyer's email address, to which the buyer agrees by submitting the order.

12. Final Provisions

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2. By choosing Czech law pursuant to Section 12.1 of these Terms and Conditions, the consumer is not deprived of the protection afforded to them by the mandatory provisions of the legal order from which no contractual derogation is permitted, and which would otherwise apply in the absence of a choice of law pursuant to Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes closest to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.4. The purchase agreement, including the Terms and Conditions, is archived by the seller in electronic form and is not publicly accessible.

12.5. A sample form for withdrawal from the purchase agreement forms an annex to these Terms and Conditions.

12.6. Contact details of the seller:

Delivery address: Luční 656, 431 51 Klášterec nad Ohří, Czech Republic

Email address: AsnikovaAdela@seznam.cz

Telephone: +420 776 002 334

In Klášterec nad Ohří on October 5, 2026.