Terms and Conditions

I. Basic Provisions

These general terms and conditions ("Terms and Conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code ("Civil Code").(Name: Adéla Rúčková
Company ID: 74092197
Registered address: Spojovací 919, Dobruška 518 01
Registered in the Trade Register of the Municipal Office of Dobruška since June 1, 2010
Contact details: Adéla Rúčková
Email: adela@ilustratorka.cz
Phone: +420 608 758 852
Website: www.ilustratorka.cz
("Seller"))
These Terms and Conditions regulate the mutual rights and obligations between the Seller and a natural person who enters into a purchase contract outside of their business activity as a consumer or within their business activity ("Buyer") through the web interface available at www.ilustratorka-eshop.cz ("Online Store").
The provisions of the Terms and Conditions are an integral part of the purchase contract. Any divergent arrangements in the purchase contract take precedence over these Terms and Conditions.
The purchase contract and these Terms and Conditions are concluded in the Czech language.

II. Information about Goods and Prices

Information about goods, including the prices of individual items and their main characteristics, is provided for each item in the online store catalog. The prices of goods are listed including value-added tax, all related fees, and the cost of returning the goods if the nature of the goods does not allow for return by standard postal methods. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase contract under individually agreed terms.
All product presentations displayed in the online store catalog are for informational purposes only, and the seller is not obliged to conclude a purchase contract for the goods.
The online store provides information on the costs associated with packaging and delivery of the goods. The information on packaging and delivery costs stated in the online store applies only when the goods are delivered within the territory of the Czech Republic.
Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed between the seller and the buyer.

IV. Customer Account

Based on the buyer's registration in the online store, the buyer may access their customer account. From their customer account, the buyer can place orders for goods. The buyer may also order goods without registration.
When registering for the customer account and placing an order for goods, the buyer is obliged to provide all information correctly and truthfully. The buyer must update the details in their user account whenever there are any changes. The details provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to keep confidential the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use their customer account.
The seller may cancel the user account, especially if the buyer has not used the account for an extended period or if the buyer breaches their obligations under the purchase contract or these Terms and Conditions.
The buyer acknowledges that the customer account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software or the hardware and software of third parties.

V. Payment Terms and Delivery of Goods

The buyer may pay for the goods and any delivery costs under the purchase contract by the following methods:
● bank transfer to the seller’s bank account 2000534968/2010,
● by credit card,
● cash on delivery when the goods are delivered,
● in cash or by credit card when picking up the goods at a parcel collection point.
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods, as agreed. Unless otherwise explicitly stated, the purchase price also includes the costs of delivery.
In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of a non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract.
If payment is made via a payment gateway, the buyer must follow the instructions of the relevant electronic payment provider.
In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the seller’s bank account.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are dispatched is not considered an advance.
Under the law on registration of sales, the seller is obliged to issue a receipt to the buyer. The seller is also required to register the received revenue with the tax administrator online, or in the case of a technical failure, no later than 48 hours after the failure.
The goods will be delivered to the buyer:
● to the address specified by the buyer in the order,
● via a parcel collection point to the address of the collection point specified by the buyer.
The method of delivery is selected during the ordering process.
The costs of delivery, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and the order confirmation from the seller. If the method of delivery is agreed based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of delivery.
If the seller is obliged under the purchase contract to deliver goods to a place specified by the buyer in the order, the buyer is obliged to take receipt of the goods upon delivery. If the goods need to be delivered again or by a different method than specified in the order due to reasons on the buyer's part, the buyer is obliged to pay for the additional delivery costs or the costs associated with the alternative method of delivery.
When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. In the case of damage to the packaging indicating unauthorized tampering, the buyer is not obliged to accept the shipment from the carrier.
The seller will issue a tax document (invoice) to the buyer. The tax document will be sent to the buyer’s email address.
The buyer acquires ownership of the goods after paying the full purchase price for the goods, including delivery costs, but no sooner than upon receipt of the goods.
The responsibility for accidental destruction, damage, or loss of the goods transfers to the buyer at the moment of receipt of the goods or at the moment when the buyer was obligated to receive the goods but failed to do so in violation of the purchase contract.

VI. Withdrawal from the Contract

A buyer who has concluded the purchase agreement outside of their business activities as a consumer has the right to withdraw from the purchase contract.
The deadline for withdrawal from the contract is 14 days:
● from the day of receipt of the goods,
● from the day of receipt of the last delivery of goods, if the contract involves multiple types of goods or the delivery of several parts,
● from the day of receipt of the first delivery of goods, if the contract involves regular repeated deliveries of goods.
The buyer cannot withdraw from the purchase contract in the following cases:
● provision of services if they have been fully performed with the buyer’s prior explicit consent before the withdrawal deadline, and the seller has informed the buyer before the contract was concluded that in such cases, the buyer does not have the right to withdraw,
● delivery of goods or services whose price depends on fluctuations in the financial market, independent of the seller’s will, and which may occur during the withdrawal period,
● delivery of alcoholic beverages that may be delivered only after 30 days and whose price depends on fluctuations in the financial market independent of the seller’s will,
● delivery of goods that were customized according to the buyer’s wishes or for the buyer personally,
● delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
● delivery of goods in a sealed package that the buyer has unsealed and cannot be returned for hygienic reasons,
● delivery of sound or video recordings or computer programs if the original packaging has been opened by the buyer,
● delivery of newspapers, periodicals, or magazines,
● delivery of digital content if not supplied on a physical medium and was delivered with the buyer’s prior explicit consent before the withdrawal deadline, and the seller has informed the buyer before concluding the contract that in such cases, the buyer does not have the right to withdraw from the contract,
● in other cases specified in Section 1837 of the Civil Code.
To meet the withdrawal deadline, the buyer must send a statement of withdrawal within the withdrawal period.
The buyer may use the withdrawal form provided by the seller to withdraw from the contract. The buyer should send the withdrawal form to the email or delivery address of the seller provided in these terms and conditions. The seller will confirm the receipt of the form to the buyer without delay.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned via regular mail due to their nature.
If the buyer withdraws from the contract, the seller must immediately, but no later than 14 days from the withdrawal, refund all payments, including delivery costs, which the seller received from the buyer, in the same manner. The seller will only return the money via another method if the buyer agrees and no additional costs arise for the buyer.
If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller will refund the delivery costs corresponding to the cheapest delivery method offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received money to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.
The goods must be returned by the buyer undamaged, unused, and unsoiled, and if possible, in their original packaging. The seller has the right to offset any claims for damages to the goods against the buyer’s claim for the refund of the purchase price.
The seller has the right to withdraw from the purchase contract due to the depletion of stock, unavailability of the goods, or if the manufacturer, importer, or supplier has ceased production or importation of the goods. The seller will inform the buyer immediately via the email address provided in the order and will return all payments, including delivery costs, within 14 days of informing the buyer of the withdrawal from the contract, in the same manner or by a method specified by the buyer.

VII. Rights from Defective Performance

The seller is responsible to the buyer for ensuring that the goods are free from defects at the time of delivery. In particular, the seller is responsible to the buyer that, at the time of delivery:
● the goods have the properties agreed upon by the parties, and if no agreement was made, they have the properties that the seller or manufacturer described or that the buyer expected based on the nature of the goods and the advertising conducted by them,
● the goods are fit for the purpose the seller indicates or for the purpose for which goods of that type are normally used,
● the goods correspond in quality or design to the agreed-upon sample or model if quality or design was determined based on an agreed sample or model,
● the goods are in the correct quantity, measure, or weight, and
● the goods comply with legal requirements.
The seller’s obligations concerning defective performance are at least to the same extent as the manufacturer’s obligations regarding defective performance. The buyer may otherwise exercise their right regarding defects that occur in consumer goods within 24 months from receipt.
If a warranty period is stated on the goods, its packaging, instructions, or advertising in accordance with other legal regulations, warranty for quality applies. The seller guarantees that the goods will be fit for their usual purpose or that they will retain their usual properties for a certain period. If the buyer justifiably complains about a defect in the goods, the warranty period or the period for the right to claim defects will not run for the time during which the buyer cannot use the defective goods.
The provisions in the previous paragraph do not apply to goods sold at a reduced price due to a defect for which the lower price was agreed, to wear and tear of goods resulting from normal use, or to used goods where the defect corresponds to the degree of use or wear at the time of delivery, or as follows from the nature of the goods. The buyer is not entitled to the right to defective performance if they knew about the defect before receiving the goods, or if they caused the defect themselves.
If a defect occurs, the buyer may submit a complaint to the seller and request:
● a replacement for new goods,
● a repair of the goods,
● an appropriate discount from the purchase price,
● withdrawal from the contract.
The buyer has the right to withdraw from the contract if:
● the goods have a substantial defect,
● the goods cannot be used properly due to repeated defects or defects after repair,
● there are multiple defects in the goods.
A substantial breach of contract is one that the party breaching the contract knew or should have known at the time of concluding the contract would prevent the other party from concluding the contract if they had foreseen this breach.
In the case of a defect that constitutes a non-substantial breach of the contract (whether it is removable or non-removable), the buyer is entitled to the removal of the defect or an appropriate discount from the purchase price.
If a removable defect reappears after repair (usually the third complaint for the same defect or the fourth for different defects), or the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to request a discount from the purchase price, replacement of the goods, or withdrawal from the contract.
When making a complaint, the buyer is obliged to inform the seller of the chosen remedy. A change in choice is only possible with the seller’s consent if the buyer has requested a repair of the defect that turns out to be irreparable. If the buyer does not choose their right in time regarding a substantial breach of contract, they have the same rights as in the case of a non-substantial breach.
If a repair or replacement is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.
If the seller proves that the buyer knew about the defect in the goods before receiving them or caused it themselves, the seller is not obliged to fulfill the buyer’s claim.
The buyer cannot complain about discounted goods for reasons for which the goods were discounted.
The seller is obliged to accept a complaint at any of their premises where complaints can be accepted, or at the seller’s registered office or business location. The seller is obliged to issue a written confirmation to the buyer stating when the complaint was made, what the complaint is about, and what the buyer requests regarding the complaint, as well as a confirmation of the date and manner of resolving the complaint, including the repair and duration, or a written reason for rejecting the complaint.
The seller or an authorized employee will decide on the complaint immediately, and in complex cases, within three working days. This period does not include the time needed for professional assessment of the defect depending on the type of product or service. The complaint must be handled without delay and no later than 30 days from the date of the complaint unless the seller and the buyer agree to a longer period. Failure to comply with this deadline is considered a substantial breach of the contract, and the buyer has the right to withdraw from the contract.
The seller will inform the buyer in writing about the result of the complaint.
The buyer is not entitled to the right of defective performance if they knew about the defect before receiving the goods or caused it themselves.
In the case of a justified complaint, the buyer is entitled to reimbursement for any necessary expenses incurred in connection with the complaint. This right may be claimed by the buyer from the seller within one month after the expiration of the warranty period; otherwise, the court may not award it.
The buyer has the choice of how to submit the complaint.
The rights and obligations of the parties regarding defective performance are governed by 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.

VIII. Delivery

The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or in the order.

IX. Personal Data

All information provided by the buyer during cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written consent, the seller will not use the buyer's personal data for any purpose other than fulfilling the contract, except for the email address to which commercial communications may be sent, as permitted by law, unless explicitly rejected. These communications may relate only to similar or related goods and can be unsubscribed from at any time by a simple method (sending a letter, email, or clicking a link in the commercial communication). The email address will be stored for this purpose for 3 years from the conclusion of the last contract between the contracting parties.
More detailed information about personal data protection can be found in the Privacy Policy [HERE].

IX. Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, IČ: 000 20 869, website: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and 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 consumer dispute resolution).
The seller is authorized to sell goods based on a trade license. The relevant trade office performs the trade control within its competence. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship based on the purchase contract involves an international element, the parties agree that the relationship will be governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
All rights to the seller's website, especially copyright to the content, including the layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the seller's consent.
The seller is not responsible for errors arising due to third-party interference with the online store or its use contrary to its purpose. The buyer must not use methods that could negatively affect the operation of the online store and must not perform any activities that could enable them or third parties to unlawfully interfere with or use the software or other components forming the online store, or use the online store or its parts or software in a manner inconsistent with its purpose.
The buyer assumes the risk of change in circumstances pursuant to Section 1765(2) of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller may modify or supplement these terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the terms and conditions.
The terms and conditions include a model withdrawal form.

These terms and conditions come into effect on 1st June 2021.