Privacy Policy
These general terms and conditions ("Terms") of the company Roslin corp s.r.o., with its registered office at Křížovnická 86/6, Prague 1 - 110 00, ID 06 142 516, registered in the Commercial Register under file No. C 276945/MSPH Municipal Court in Prague, email p.bandura@gmail.com, phone number +48 508 144 431 ("We" or "Seller") regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), mutual rights and obligations between you as buyers and us as sellers, arising in connection with or based on the purchase agreement ("Agreement") concluded through the E-shop on the website https://www.galerieocelovychfigurin.cz/
All information regarding the processing of your personal data is contained in the Privacy Policy, which you can find here: https://www.galerieocelovychfigurin.cz/.
The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are drafted in the Czech language. We reserve the right to unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms.
As you are undoubtedly aware, our primary mode of communication is remote. Therefore, this also applies to our Agreement, where means of distance communication are used, enabling us to reach an agreement without the simultaneous physical presence of both parties. The Agreement is concluded remotely through the E-shop environment, specifically through the interface of the website (the "web interface of the E-shop").
If any part of the Terms contradicts what we have jointly approved within the process of your purchase on our E-shop, this specific agreement will take precedence over the Terms.
Delivery Conditions for Digital Products (Gallery Tickets):
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Availability and Delivery:
- Digital gallery tickets will be sent to the buyer via email immediately upon successful completion of the payment through Shoptet Pay.
- In the case of tickets in PDF format, the PDF files will be attached to the email, which buyers can easily download and print.
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Withdrawal from the Agreement:
- Due to the nature of digital tickets, it is not possible to withdraw from the contract and return the tickets unless they are defective or do not meet the specifications stated on your e-shop.
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Functionality and Technical Protective Measures:
- Digital tickets will be fully functional and will not include any technical protective measures that would restrict their use.
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Compatibility with Hardware and Software:
- Tickets are designed to be easily opened and printed on common hardware and software that the buyer is likely to use.
Copyright and Licensing:
- The buyer acquires a license to use the tickets solely for personal purposes. Any unauthorized copying, sharing, or distribution of tickets is prohibited.
I. SOME DEFINITIONS
1. Price is the financial amount you will pay for the Goods;
2. Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
3. Total Price is the sum of the Price and Shipping Cost;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is a tax document issued in accordance with the value-added tax law for the Total Price;
6. Order is your irrevocable proposal to conclude a Purchase Agreement for Goods with Us;
7. User Account is an account created based on the information you provide, allowing the storage of entered data and maintaining the history of ordered Goods and concluded Agreements;
8. You are a person buying on Our E-shop, legally referred to as a buyer;
9. Goods are everything you can purchase on the E-shop.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. The purchase of Goods is only possible through the E-shop web interface.
2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Information you provide Us when ordering Goods will be considered correct and truthful.
III. CONCLUSION OF THE CONTRACT
1. The Agreement with Us can only be concluded in the Czech language.
2. The Contract is concluded remotely through the E-shop, and you bear the costs of using remote communication means. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access). By sending the Order, you agree that We use remote communication means.
3. To conclude the Contract, you must create an Order proposal on the E-shop. This proposal must include the following details:
a) Information about the purchased Goods (on the E-shop, you designate the Goods you are interested in purchasing with the "Add to Cart" button);
b) Information about the Price, Shipping Cost, payment method of the Total Price, and the desired method of Goods delivery; this information will be entered within the Order proposal creation in the E-shop user interface, and information about the Price, Shipping Cost, and Total Price will be automatically provided based on the selected Goods and its delivery method;
c) Your identification and contact details for delivering the Goods, especially your name, surname, delivery address, phone number, and email address;
d) In the case of a Contract under which We will regularly and repeatedly deliver Goods to you, information on how long We will deliver the Goods to you.
4. During the creation of the Order proposal, you can change and check the data until its creation. After checking by pressing the "Order Obligating to Payment" button, you create the Order. Before pressing the button, you must confirm your familiarity and agreement with these Terms; otherwise, it will not be possible to create the Order. The checkbox serves as confirmation and agreement. After pressing the "Order Obligating to Payment" button, all entered information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it is delivered to Us, sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. The Contract between Us and You is concluded with the confirmation of the Order from Our side. The Terms in effect on the date of the Order constitute an integral part of the Contract.
6. There may be cases where We cannot confirm your Order. This particularly concerns situations when the Goods are not available, or you order a larger quantity of Goods than We allow. However, information about the maximum quantity of Goods will always be provided to you in advance within the E-shop and should not be surprising to you. If there is any reason We cannot confirm the Order, We will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. The Contract is concluded in such a case when you confirm Our offer.
7. If an obviously incorrect Price is stated within the E-shop or the Order proposal, We are not obliged to deliver the Goods to you at this Price, even if you have received an Order confirmation, and thus, the Contract has been concluded. In such a situation, We will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of its sending, We are entitled to withdraw from the concluded Contract. A clearly incorrect Price includes situations where the Price does not correspond to the usual price with other sellers or if a digit is missing or surplus.
8. If the Contract is concluded, you are obligated to pay the Total Price.
9. If you have a User Account, you can place an Order through it. In such a case, you still have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled information. However, the method of creating the Order is identical to that of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification details.
10. In some cases, We allow using a discount for the purchase of Goods. To provide a discount, you must fill in information about this discount within the Order proposal in a predetermined field. If you do so, the Goods will be provided to you with a discount.
IV. USER ACCOUNT
1. Based on your registration within the E-shop, you can access your User Account.
2. When registering a User Account, it is your obligation to correctly and truthfully provide all entered information and update it in case of changes.
3. Access to the User Account is secured by a username and password. Regarding these access details, it is your obligation to maintain confidentiality and not provide this information to anyone. In case of their misuse, We do not bear any responsibility.
4. The User Account is personal, and you are not authorized to allow its use to third parties.
5. We can cancel your User Account, especially if you do not use it for more than 1 year, or if you violate your obligations under the Contract.
6. The User Account may not be available continuously, especially considering the necessary maintenance of hardware and software equipment.
V. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
1. The Price is always stated within the E-shop, in the Order proposal, and, of course, in the Contract. In case 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 will apply, which will always be identical to the Price in the Contract. The Order proposal also includes the Shipping Cost, or conditions when shipping is free.
2. The Total Price is stated including VAT and all fees prescribed by law.
3. We will request payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can make the payment of the Total Price in the following ways:
a) Bank transfer. We will provide information for the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is due immediately.
b) Online card payment. In such a case, the payment is processed via the go pay payment gateway, with payment governed by the conditions of this payment gateway, available at gopay.com. In the case of online card payment, the Total Price is due immediately.
c) Cash on delivery. In such a case, payment is made upon delivery of the Goods upon handover. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
d) Cash on personal pickup. In this case, you can pay in cash when picking up the Goods at Our establishment. In the case of cash payment on personal pickup, the Total Price is due upon receipt of the Goods.
4. An invoice will be issued in electronic form after settling 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.
5. Ownership of the Goods passes to you only after you pay the Total Price and take possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, and in other cases, it is paid at the time of the payment transaction.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO ITEMS
1. The Goods will be delivered to you in the manner of your choice, and you can choose from the following options:
a) Personal pickup at Our establishment is not possible.
b) Personal pickup at company pick-up points is not possible.
c) Delivery via transport companies is not possible.
2. Goods can only be delivered within the Czech Republic.
3. The delivery time of the Goods depends on its 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 stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pickup at the establishment, you will always be informed by email about the options for picking up the Goods.
4. Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the Goods' packaging. In case of any defects, you must immediately notify the carrier and Us. If there is damage to the packaging indicating unauthorized manipulation and entry into the shipment, it is not your obligation to accept the Goods from the carrier.
5. In case you fail to fulfill your obligation to accept the Goods, except in cases under Article VI.4. Conditions, it does not result in a breach of Our obligation to deliver the Goods to you. However, in such a case, We have the right to withdraw from the Contract due to your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the day We notify you of this withdrawal. Withdrawal from the Contract does not affect the right to payment of the Shipping Cost or the right to compensation for any damage incurred.
6. If, for reasons arising on your side, the Goods are delivered repeatedly or in a manner other than agreed upon in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address provided in the Contract and are due 14 days from the delivery of the email.
7. The risk of damage to the Goods passes to you at the moment of acceptance. In case you do not accept the Goods, except in cases under Article VI.4 Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept it, but due to reasons on your side, the acceptance did not take place. The transfer of the risk of damage to the Goods means that from this moment, you bear all consequences related to loss, destruction, damage, or any depreciation of the Goods.
8. If the Goods were not listed as in stock in the E-shop, and an approximate availability period was provided, we will always inform you in the following cases:
a) extraordinary production outage of the Goods, in which case we will always inform you of the new expected availability or provide information that it will not be possible to deliver the Goods;
b) delay in delivering the Goods from Our supplier, in which case we will always inform you of the new expected delivery time.
9. In case We are unable to deliver the Goods to you even within 30 days from the expiration of the delivery period stated in the Order confirmation, for any reason, both We and you are entitled to withdraw from the Contract.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article VI.7 Conditions, the Goods are free from defects, especially that:
a) it has the characteristics we agreed upon with you, and if not explicitly agreed upon, then those characteristics that We have stated in the description of the Goods, or those that can be expected with respect to the nature of the Goods;
b) it is suitable for the purposes we specified, or for purposes that are usual for Goods of this type;
c) corresponds to the quality or performance of the agreed sample if the quality or performance was specified according to the sample;
d) is in the corresponding quantity and weight;
e) meets the requirements imposed on it by legal regulations;
f) is not encumbered by the rights of third parties.
2. Rights and obligations regarding rights from defective performance are governed by the relevant mandatory legal regulations (in particular, provisions of § 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).
3. In case the Goods have a defect, especially if any of the conditions under Article VII.1 are not met, you can notify Us of such defect and assert rights from defective performance (i.e., lodge a complaint about the Goods) by sending an email or letter to Our addresses provided in Our identification data. For the complaint, you can also use the email: iveta.topolova@galleryofsteelfigures.com. When asserting rights from defective performance, you must choose how you want to resolve the defect, and this choice cannot be changed subsequently, except in cases under Article 7.4, without Our consent. We will handle the complaint in accordance with the rights from defective performance you have asserted. If you do not choose a defect resolution, you have the rights stated in Article 7.5 even in situations where defective performance was a material breach of the Contract.
4. If defective performance is a material breach of the Contract, you have the following rights:
a) for the removal of the defect by delivering new defect-free Goods or delivering the missing part of the Goods;
b) for the removal of the defect by repairing the Goods;
c) for a reasonable discount from the Price;
d) to withdraw from the Contract.
In case you choose resolution under points a) or b) and We do not remedy the defect in a reasonable period we specified or inform you that we will not remedy the defect in this way, you have the rights under points c) and d), even if you did not originally request them during the complaint. 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 can choose another way to remedy the defect.
5. If defective performance is an immaterial breach of the Contract, you have the following rights:
a) for the removal of the defect by delivering new defect-free Goods or delivering the missing part of the Goods;
b) for the removal of the defect by repairing the Goods;
c) for a reasonable discount from the Price.
However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Contract. You can also withdraw if you cannot use the Goods properly due to the recurring occurrence of defects after repairing the Goods or in the case of a higher number of defects in the Goods.
6. In the event of a material or immaterial breach, you cannot withdraw from the Contract or request the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if there has been a change in the condition of the Goods due to an inspection to determine a defect;
b) if the Goods have been used before the discovery of the defect;
c) if the impossibility of returning the Goods in an unchanged condition was caused by your conduct or neglect;
d) if the Goods were sold, consumed, or modified before the discovery of the defect by you; however, if this happened only partially, it is your obligation to return the part of the Goods that can be returned, and in this case, you will not be refunded the part of the Price corresponding to your benefit from using the part of the Goods.
7. Within 3 days of receiving the complaint, we will confirm to your email address that we have received the complaint, when we received it, and the expected duration of handling the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. The period may be extended by mutual agreement. If the period expires in vain, you can withdraw from the Contract.
8. We will inform you by email about the handling of the complaint. If the complaint is justified, you are entitled to reimbursement of the purposefully incurred costs. You are obliged to prove these costs, e.g., with receipts or confirmations of the cost of transport. If the defect is remedied by delivering new Goods, it is your obligation to return the original Goods to Us, but We will bear the costs of this return.
9. If you are a business entity, it is your obligation to notify and object to the defect without undue delay after you could have discovered it, but no later than three days from the receipt of the Goods.
10. If you are a consumer, you have the right to assert rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
11. The provisions regarding the right to defects do not apply in the case of:
a) Goods sold at a lower Price, for a defect for which a lower Price has been agreed;
b) wear and tear of Goods caused by their normal use;
c) used Goods for a defect corresponding to the degree of use or wear that the Goods had when you received them;
d) when it arises from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its beginning, can occur for reasons and in ways specified in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
2. If you are a consumer, i.e., a person buying Goods outside the scope of your business activities, you have the right to withdraw from the Contract without stating a reason within 14 days of receiving the Goods, in accordance with Section 1829 of the Civil Code. If we have concluded a Contract for the delivery of several types of Goods or the delivery of several parts of the Goods, this period begins to run only from the delivery of the last part of the Goods, and in the case of a Contract under which we will deliver the Goods to you regularly and repeatedly, it begins to run from the delivery of the first delivery. You can withdraw from the Contract in any demonstrable way (especially by sending an email or letter to Our addresses provided in Our identification data). You can use the email iveta.topolova@galleryofsteelfigures.com for withdrawal.
3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose Price depends on fluctuations in the financial market beyond our control and may occur within the withdrawal period;
b) the delivery of alcoholic beverages that can be delivered only after thirty days and their Price depends on fluctuations in the financial market beyond our control;
c) Goods that have been adapted to your request or for your person;
d) Goods subject to rapid deterioration and Goods that have been irreversibly mixed with another after delivery;
e) Goods in sealed packaging that has been removed from the packaging, and for hygienic reasons, it cannot be returned;
f) the delivery of sound or visual recordings or computer programs if the original packaging has been violated;
g) the delivery of newspapers, periodicals, or magazines;
h) the delivery of digital content if it was not supplied on a tangible medium and was delivered with your prior express consent before the expiration of the withdrawal period, and we have informed you that you do not have the right to withdraw from the Contract.
4. The withdrawal period under Article VIII.2 of the Terms is considered preserved if you send Us a notice during this period that you are withdrawing from the Contract.
5. In the case of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of the 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 return the Goods to Us or prove that it has been sent back to Us. Please return the Goods to Us clean, if possible, including the original packaging.
6. In the case of withdrawal from the Contract under Article VIII.2 of the Terms, you are obliged to send the Goods back to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. On the contrary, you are entitled to a refund of the transportation cost, but only to the extent corresponding to the cheapest offered method of delivering the Goods that we offered when delivering the Goods. In the case of withdrawal due to Our breach of the concluded Contract, We will also bear the costs associated with the return of the Goods to Us, but again only up to the amount of the transportation cost in the cheapest offered method of delivering the Goods, which We offered when delivering the Goods.
7. You are responsible for any damage to Us in cases where the Goods are damaged due to your handling of it other than necessary with respect to its nature and properties. We will charge you for the damage after the Goods have been returned to Us, and the due date for the invoiced amount is 14 days. If We have not yet refunded the Price to you, We are entitled to set off the claim for costs against your claim for the return of the Price.
8. We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiration of the period specified in Article VI.9. of the Terms. We can also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you are purchasing Goods as part of your business activities, i.e., as a business entity, We are entitled to withdraw from the Contract at any time, even without stating a reason.
IX. RESOLUTION OF DISPUTES WITH CONSUMERS
1. We are not bound by any codes of conduct towards buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
2. We handle consumer complaints through the email address iveta.topolova@galleryofsteelfigures.com. We will send information about the resolution of the complaint to the buyer's email address.
3. The competent authority for out-of-court resolution of consumer disputes from the Contract is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. 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 arising from a sales contract concluded by electronic means.
4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according 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 online dispute resolution).
X. FINAL PROVISIONS
1. If Our and Your legal relationship includes an international element (e.g., we will be shipping goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are consumers, your rights arising from legal regulations are not affected by this agreement.
2. We will deliver all written correspondence to you by email. Our email address is provided in Our identification data. We will deliver correspondence to your email address specified in the Contract, in the User Account, or through which you contacted us.
3. The Contract can only be changed by Our written agreement. However, We are entitled to change and supplement these Terms, but this change will not affect already concluded Contracts, only Contracts that will be concluded after the effectiveness of this change. However, We will inform you about the change only if you have created a User Account (so that you have this information in case you will order new Goods; however, the change does not constitute the right to terminate, as we do not have a concluded Contract that could be terminated), or if We have to deliver Goods to you regularly and repeatedly based on 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 a termination of the concluded Contract within 14 days of sending information about the change, the new conditions become part of Our Contract, and they apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you terminate is 1 month.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failures of subcontractors, etc.), We are not responsible for damage caused as a result or in connection with force majeure, and if the force majeure situation lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
5. An annex to the Terms is a sample form for complaints and a sample form for withdrawal from the Contract.
6. The Contract, including the Terms, is archived in electronic form by Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract without Our cooperation. We recommend always saving the Order confirmation and the Terms.
7. These Terms come into effect on December 13, 2023
ATTACHMENT No. 1 - COMPLAINT FORM
Recipient: Roslin corp s.r.o.
Claim Submission
Date of Contract Conclusion:
First and Last Name:
Address:
Email Address:
Goods being claimed:
Description of Goods defects:
Proposed method for handling the complaint, including providing a bank account number for a discount:
At the same time, I request the issuance of a confirmation of the complaint with an indication of when I exercised this right, which is the content of the complaint along with my claim, including the date and method of handling the complaint.
Date:
Signature:
ATTACHMENT No. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT
Recipient: Roslin corp s.r.o.
I hereby declare that I am withdrawing from the Contract:
Date of Contract Conclusion:
First and Last Name:
Address:
Email Address:
Specification of the Goods covered by the Contract:
Method for refunding received funds, including providing a bank account number:
If the buyer is a consumer, they have the right, in the event of ordering goods through the e-shop of the company Roslin corp s.r.o. ("Company") or another means of distance communication, except for cases specified in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of taking over the goods, without stating a reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing to the address of the Company's establishment or electronically to the email address provided in the sample form.
If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over the goods to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall refund to them, without undue delay and no later than 14 days from the withdrawal from the purchase contract, all monetary funds (purchase price of the delivered goods) including the costs of delivery received from them based on the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest one offered by the Company, the Company will refund the buyer the delivery costs only in the amount corresponding to the cheapest offered method of delivering the goods. The Company is not obliged to refund the received funds to the buyer until the buyer hands over the goods to the Company or proves that they sent the goods to the Company.
Date:
Signature: