1. Introductory Provisions

1.1. These general terms and conditions govern the rights and obligations between the seller and the buyer when purchasing paintings and other artworks through the seller's website.

Seller / artist:
[First name and surname / company name]
registered office: [address]
ID No.: [ID No.]
registered in: [e.g. the trade register maintained by the relevant authority]
e-mail: plodzienkamilart@gmail.com
phone: [phone number]

hereinafter referred to as "the seller".

Buyer:
A natural or legal person who enters into a purchase agreement through the web interface [website URL], hereinafter referred to as "the buyer".

1.2. A consumer is any natural person who, outside the scope of their business activity or outside the independent exercise of their profession, enters into an agreement with the seller or otherwise deals with them.

1.3. These terms and conditions form an integral part of the purchase agreement concluded between the seller and the buyer.

1.4. These terms and conditions are governed by the law of the Czech Republic. If the buyer is a consumer and the law of their country of habitual residence provides a higher level of consumer protection than Czech law, this higher level of protection shall apply.

1.5. The agreement may be concluded in Czech or English. In case of discrepancies between the linguistic versions of the terms and conditions, the Czech version shall prevail.

2. Copyright and Specifics of Artworks

2.1. The buyer acknowledges that all sold works, especially paintings, are copyrighted works within the meaning of Act No. 121/2000 Coll., the Copyright Act.

2.2. By purchasing a physical painting, the buyer does not acquire copyright to the work. The buyer is not authorized to digitally or physically reproduce the work, create reproductions thereof, sell prints, distribute it as a digital asset, such as an NFT, or use it for commercial or marketing purposes without the prior written consent of the seller.

2.3. The seller reserves the right to use photographs and digital records of sold works, including custom-made works, for the purpose of their own presentation, especially in a portfolio, on websites, social networks, exhibitions, or for presenting their work. This does not affect the buyer's personal rights and privacy.

2.4. The buyer acknowledges that colors displayed on monitors and screens may slightly differ from the actual colors of the physical painting depending on the screen settings and calibration.

2.5. Hand-painted paintings may show texture, layers, brushstrokes, and minor irregularities. These characteristics are a natural part of an original artwork and do not constitute a defect in the goods.

3. Order and Conclusion of Contract

A. Ready-made paintings from the website offer

3.1. The presentation of paintings on the website is for informational purposes. The purchase agreement is formed by the buyer's submission of an order and its subsequent confirmation by the seller to the buyer's email address.

3.2. Upon receipt of the order, the seller will confirm the availability of the work and send the buyer payment information, or an invoice containing the price of the work and the shipping cost.

3.3. Before submitting the order, the buyer confirms that they have read and agree to these terms and conditions.

B. Custom paintings

3.4. In the event of a request for a custom painting, the seller and the buyer shall agree on the individual specifications of the work, in particular, its dimensions, motif, color scheme, completion date, and price. This communication usually takes place via email.

3.5. The seller will send the buyer a price quotation. The purchase agreement for a custom work is concluded when the buyer approves the quotation in writing and pays the agreed deposit.

3.6. The amount of the deposit is determined individually according to the nature of the order. The deposit primarily covers the costs of materials, preparation, and reservation of the seller's time. In the event of an unjustified cancellation of the order by the buyer, the deposit may be non-refundable.

3.7. Upon completion of the custom work, the seller will send the buyer a photograph of the finished painting via email. The buyer is obliged to comment on the work within 3 working days. If no comments are made within this period, the work is considered approved.

3.8. After approval of the finished work and payment of the remaining part of the price, the painting will be ready for shipment or handover.

4. Price and Payment Terms

4.1. Prices listed on the website are in CZK unless otherwise stated for a specific work.

4.2. The seller [is / is not] a VAT payer.

4.3. Shipping costs are not included in the price of the work, unless expressly stated otherwise. Shipping costs depend on the size of the shipment, the value of the work, the method of transport, and the destination.

4.4. Payment is made by bank transfer based on the payment details provided in the invoice or order confirmation.

4.5. The painting is shipped only after full payment has been received, or after the remaining part of the price has been paid for custom work.

4.6. For international orders within the European Union, the final price may be adjusted according to the tax regulations of the delivery country.

4.7. When goods are delivered to countries outside the European Union, customs duties, import VAT, or customs clearance costs may be levied by local authorities. These fees are not included in the selling price or shipping costs and are paid by the buyer.

5. Shipping and Receipt of Goods

5.1. Paintings are sent as fragile goods. Each work is carefully and securely packaged to ensure maximum protection during transit.

5.2. The method and cost of shipping are determined individually according to the size of the shipment, the value of the work, and the destination.

5.3. Upon receipt of payment, the seller usually dispatches the work within 3-4 working days, unless otherwise agreed for a specific order or custom work.

5.4. Once the shipment has been handed over to the carrier, the seller will send the buyer tracking information for the shipment via email.

5.5. The buyer is advised to check the integrity of the packaging upon receipt of the shipment. If the packaging shows signs of significant damage, such as dents, tears, or other serious damage, it is recommended not to accept the shipment, to draw up a damage report with the carrier, and to take photographic documentation.

5.6. If the buyer discovers damage only after unpacking, they should contact the seller as soon as possible via email and send photographs of the damaged packaging and the painting itself. This will expedite the resolution of the complaint and any claim against the carrier.

6. Withdrawal from the contract

A. Ready-made paintings

6.1. A buyer who is a consumer has the right to withdraw from a distance purchase agreement within 14 days of receiving the painting without giving any reason.

6.2. To withdraw from the contract, the buyer must inform the seller via email at plodzienkamilart@gmail.com.

6.3. The buyer is obliged to send the painting back to the seller's address without undue delay, no later than 14 days from the withdrawal from the contract.

6.4. The costs associated with returning the goods are borne by the buyer. The painting must be packaged so that it is not damaged during transport. It is recommended to use the original packaging and insure the shipment for the appropriate value of the work.

6.5. The seller will refund the buyer's money without undue delay, no later than 14 days from the withdrawal from the contract. However, the seller is not obliged to refund the money before the painting is returned to them or before the buyer proves that they have sent the painting back.

6.6. The buyer is liable for any diminished value of the painting resulting from handling the painting in a way other than what is necessary to ascertain its nature and characteristics.

B. Custom paintings

6.7. The buyer acknowledges that for paintings created to order according to their wishes or for their person, they do not have the right to withdraw from the contract within 14 days without giving any reason.

6.8. A custom painting means, in particular, a work created according to individually agreed dimensions, colors, motifs, composition, or other personal specifications of the buyer.

7. Complaints and Rights from Defective Performance

7.1. The seller is responsible to the buyer for ensuring that the painting is free of defects upon receipt and corresponds to the description and characteristics specified for the particular work.

7.2. A buyer who is a consumer may exercise rights from defective performance for a defect that appears on the work within the statutory period of 24 months from receipt.

7.3. Characteristics resulting from the nature of a hand-painted original work are not considered defects, especially texture, layers, brushstrokes, minor irregularities, color deviations caused by display on different monitors, or the natural character of the technique used.

7.4. Rights from defective performance do not apply to damage occurring after receipt by the buyer, especially mechanical damage, scratching, falling, unsuitable storage, or placing the painting in an environment with excessive humidity, direct water, extreme sunlight, or other unsuitable conditions.

7.5. The buyer can make a complaint via email at plodzienkamilart@gmail.com. It is advisable to describe the defect in the complaint and attach photographic documentation.

7.6. The seller will decide on the complaint and resolve it within the statutory period, unless otherwise agreed with the buyer.

8. Out-of-court settlement of consumer disputes

8.1. In the event of a consumer dispute between the seller and the buyer that cannot be resolved by mutual agreement, the buyer, who is a consumer, has the right to contact the relevant out-of-court consumer dispute resolution body.

8.2. For customers in the Czech Republic, this body is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1.

8.3. Buyers from European Union countries can also contact the relevant out-of-court consumer dispute resolution body within the European Union.

9. Final Provisions

9.1. The seller reserves the right to change or supplement these terms and conditions. The new wording of the terms and conditions will be published on the seller's website.

9.2. Rights and obligations arising before the effective date of the new version of the terms and conditions shall be governed by the wording of the terms and conditions effective at the time of the conclusion of the purchase agreement.

9.3. These terms and conditions become effective on [insert date].