TERMS AND CONDITIONS
I. General Provisions
1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), by:
Czech Art Point z.s.
Company ID No.: 19641559
registered office: Rostislavova 1362/24, 140 00 Prague 4 – Nusle
registered with the Municipal Court in Prague under file No. L 77945/MSPH
Contact details:
Email: info@czechartpoint.com
Phone: +420 704 004 064
(hereinafter referred to as the “Seller”).
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside the scope of their business activities as a consumer, or within the scope of their business activities (hereinafter referred to as the “Buyer”), through the web interface available on the website at galerieskla.cz(hereinafter referred to as the “Online Store”) and website at czechartpoint.com.
3. The provisions of these Terms and Conditions form an integral part of the purchase agreement. Any provisions agreed upon in the purchase agreement that differ from these Terms and Conditions shall take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase agreement are concluded in the Czech or English language .
II. Information on Goods and Prices
1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the catalogue of the Online Store. The prices of goods are stated including value added tax (VAT). The prices remain valid for as long as they are displayed in the Online Store. This provision does not preclude the conclusion of a purchase agreement on individually negotiated terms.
2. All presentations of goods displayed in the catalogue of the Online Store are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement in respect of such goods.
3. Information on the costs associated with packaging and delivery of the goods is published in the Online Store. The information on packaging and delivery costs stated in the Online Store applies only where the goods are delivered within the Czech Republic. In the case of international delivery, the price is determined individually based on the weight of the shipment and the Buyer’s delivery address.
4. Any discounts on the purchase price of goods may not be combined unless otherwise agreed by the Seller and the Buyer.
5. The works of art presented in the Online Store come directly from the artists’ studios.
III. Order and Conclusion of the Purchase Agreement
1. Any costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase agreement (such as internet connection costs or telephone charges) shall be borne by the Buyer. Such costs do not differ from the standard rates charged by the relevant service providers.
2. The Buyer may place an order for goods in the following ways:
- through their customer account, provided that they have previously registered in the Online Store;
- by completing an order without registration;
- by email;
- by telephone.
3. When placing an order, the Buyer selects the goods and chooses the method of payment and delivery.
4. Before submitting the order, the Buyer is given the opportunity to review and amend the information entered in the order. The Buyer submits the order to the Seller by clicking the relevant button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to completion of all mandatory fields in the order form and confirmation by the Buyer that they have read and agreed to these Terms and Conditions.
5. Immediately after receiving the order, the Seller shall send the Buyer an acknowledgement of receipt of the order to the email address provided by the Buyer when placing the order. This acknowledgement is generated automatically and does not constitute the conclusion of the purchase agreement.
6. The purchase agreement is concluded only upon acceptance of the order by the Seller. Notification of acceptance of the order shall be sent to the Buyer’s email address.
7. Such confirmation constitutes the conclusion of the purchase agreement. The Seller’s current Terms and Conditions shall be attached to the confirmation. The purchase agreement is concluded when the Seller confirms the order by email to the Buyer.
8. If the Seller is unable to fulfil any of the requirements specified in the order, the Seller shall send the Buyer an amended offer by email. The amended offer shall be deemed a new proposal for the conclusion of a purchase agreement, and in such case the purchase agreement is concluded when the Buyer confirms acceptance of the amended offer by email to the Seller at the email address specified in these Terms and Conditions.
9. All orders accepted by the Seller are binding. The Buyer may cancel an order until notification of acceptance of the order by the Seller has been delivered to the Buyer. The Buyer may cancel the order by telephone or by email using the Seller’s contact details specified in these Terms and Conditions.
10. If it is evident that an obvious technical error has occurred on the Seller’s side when stating the price of goods in the Online Store or during the ordering process, the Seller shall not be obliged to supply the goods to the Buyer at the clearly incorrect price, even if the Buyer has received an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions.
11. The Seller shall inform the Buyer of such an error without undue delay and shall send the Buyer an amended offer by email. The amended offer shall be deemed a new proposal for the conclusion of a purchase agreement, and in such case the purchase agreement is concluded when the Buyer confirms acceptance by email to the Seller.
IV. Customer Account
1. Based on the Buyer’s registration in the Online Store, the Buyer may access their customer account. Through the customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration.
2. When registering a customer account and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is required to update the information provided in the customer account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be considered correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to keep confidential all information necessary to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use their customer account.
5. The Seller may cancel the customer account, in particular if the Buyer has not used the account for an extended period of time or if the Buyer breaches their obligations arising from the purchase agreement or these Terms and Conditions.
6. The Buyer acknowledges that the customer account may not be available continuously, in particular due to necessary maintenance of the Seller’s hardware and software systems or, where applicable, maintenance of hardware and software systems operated by third parties.
V. Payment Terms and Delivery of Goods
1. The Buyer may pay the purchase price of the goods and any delivery costs under the purchase agreement by the following methods:
- by bank transfer to the Seller’s bank account No. 3655089003/5500, maintained with Raiffeisenbank a.s.;
- by international bank transfer to the Seller’s account: IBAN: CZ23 5500 0000 5508 9003, SWIFT/BIC: RZBCCZPP;
- in cash upon personal collection;
- by cashless payment using a payment card or online payment methods through the payment service provider ComGate Payments a.s.
2. Together with the purchase price, the Buyer shall pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, references to the purchase price shall also include the costs associated with delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the conclusion of the purchase agreement.
4. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment service provider.
5. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before dispatch of the goods does not constitute a deposit.
7. The goods shall be delivered to the Buyer:
- to the address specified by the Buyer in the order;
- via a collection point selected by the Buyer;
- by personal collection.
8. The method of delivery is selected when placing the order.
9. Delivery costs, depending on the selected method of dispatch and receipt of the goods, are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is agreed upon at the Buyer’s special request, the Buyer shall bear the risk and any additional costs associated with such method of transport.
10. If, under the purchase agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the Buyer shall pay the costs associated with repeated delivery or the costs associated with the alternative method of delivery.
11. Upon receipt of the goods from the carrier, the Buyer shall check that the packaging is intact and, in the event of any defects, notify the carrier immediately. If the packaging shows signs of unauthorised entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier.
12. The Seller shall issue the Buyer with a tax document — an invoice. The tax document shall be sent to the Buyer’s email address.
13. Ownership of the goods passes to the Buyer upon payment of the full purchase price, including delivery costs, but not before the goods have been received. Liability for accidental destruction, damage or loss of the goods passes to the Buyer upon receipt of the goods, or at the moment when the Buyer was obliged to take possession of the goods but failed to do so in breach of the purchase agreement.
VI. Withdrawal from the Purchase Agreement
1. A Buyer who concludes a purchase agreement outside the scope of their business activities as a consumer has the right to withdraw from the purchase agreement.
2. The period for withdrawal from the agreement is 14 days:
- from the date of receipt of the goods;
- from the date of receipt of the last delivery of goods, where the subject of the agreement consists of several types of goods or delivery in several parts;
- from the date of receipt of the first delivery of goods, where the subject of the agreement consists of regular recurring deliveries of goods.
3. The Buyer may not withdraw from the purchase agreement, among other cases, in respect of:
- the provision of services, if they have been fully performed with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the agreement that, in such a case, the Buyer would not have the right to withdraw from the agreement;
- the supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control and which may occur during the withdrawal period;
- the supply of goods that have been customised or personalised according to the Buyer’s wishes;
- the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons;
- the supply of digital content which was not supplied on a tangible medium and was supplied with the Buyer’s prior express consent before the expiry of the withdrawal period, provided that the Seller informed the Buyer before the conclusion of the agreement that, in such a case, the Buyer would not have the right to withdraw from the agreement;
- other cases specified in Section 1837 of the Czech Civil Code.
4. In order to comply with the withdrawal period, it is sufficient for the Buyer to send a notice of withdrawal before the expiry of the withdrawal period.
5. To withdraw from the purchase agreement, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the notice of withdrawal from the purchase agreement to the Seller’s email or postal address specified in these Terms and Conditions. The Seller shall acknowledge receipt of the withdrawal form to the Buyer without undue delay.
6. A Buyer who has withdrawn from the agreement shall return the goods to the Seller within 14 days of the withdrawal. The Buyer shall bear the costs associated with returning the goods to the Seller, including where, due to their nature, the goods cannot be returned by ordinary postal service.
7. If the Buyer withdraws from the agreement, the Seller shall refund the funds received from the Buyer without undue delay and no later than 14 days after the withdrawal, using the same method of payment. The Seller shall refund the funds using a different method only if the Buyer agrees and provided that this does not result in any additional costs to the Buyer.
8. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to refund the funds received from the Buyer before the Buyer returns the goods or provides evidence that the goods have been sent back to the Seller.
9. The Buyer must return the goods to the Seller undamaged, unworn and clean and, where possible, in their original packaging. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
10. The Seller is entitled to withdraw from the purchase agreement due to goods being sold out or unavailable, or where the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller shall inform the Buyer without undue delay via the email address specified in the order and shall refund, within 14 days of notification of withdrawal from the purchase agreement, all funds received from the Buyer under the agreement, including delivery costs, using the same method of payment or, where applicable, another method specified by the Buyer.
VII. Rights Arising from Defective Performance
1. The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller is liable for ensuring that the goods:
- correspond to the agreed description, type, quantity and quality and possess the characteristics agreed between the parties;
- are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed;
- are suitable for the purpose for which goods of this kind are normally used;
- correspond in quality and workmanship to any agreed sample or model;
- are supplied in the agreed quantity, measure or weight; and
- comply with applicable legal requirements.
2. If a defect becomes apparent within one year of receipt of the goods, it shall be presumed that the goods were defective at the time of receipt, unless the nature of the goods or the defect excludes such a presumption.
The Buyer may exercise rights arising from a defect that existed at the time of receipt and becomes apparent within two years of receipt of the goods.
3. If the goods are defective, the Buyer may primarily request:
- repair of the goods; or
- replacement of the goods with defect-free goods,
unless the chosen method of remedy is impossible or disproportionately costly compared with the alternative method.
The Seller may refuse to remedy the defect if repair or replacement is impossible or would involve disproportionate costs.
4. The Buyer may request a reasonable reduction in the purchase price or withdraw from the purchase agreement if:
- the Seller has refused to remedy the defect;
- the Seller has failed to remedy the defect properly and within a reasonable period of time;
- the defect occurs repeatedly;
- the defect constitutes a material breach of the purchase agreement; or
- it is apparent that the Seller will not remedy the defect within a reasonable period of time or without significant inconvenience to the Buyer.
The Buyer may not withdraw from the agreement where the defect is insignificant.
5. The Seller shall accept a complaint and provide the Buyer with written confirmation stating when the complaint was made, the nature of the defect, the remedy requested by the Buyer and the Buyer’s contact details for notification of the outcome.
The Seller shall also provide confirmation of the date and manner in which the complaint was resolved, including confirmation of any repair performed and its duration, or a written justification if the complaint is rejected.
6. The Seller or an authorised employee shall decide on the complaint immediately, or in complex cases within three working days. This period does not include the reasonable time required for professional assessment of the defect.
7. The complaint, including removal of the defect, must be resolved and the Buyer informed of the outcome without undue delay and no later than 30 days from the date on which the complaint was made, unless the Seller and the Buyer agree on a longer period.
8. Failure to resolve the complaint and inform the Buyer within the applicable period entitles the Buyer, subject to the statutory conditions, to request a reasonable reduction in the purchase price or to withdraw from the purchase agreement.
9. Rights arising from defective performance do not apply if the Buyer knew before receiving the goods that the goods were defective, or if the Buyer caused the defect themselves.
10. In the case of a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs associated with exercising their rights arising from defective performance.
11. The Buyer shall choose the remedy in accordance with the applicable provisions of the Czech Civil Code and these Terms and Conditions.
12. Further rights and obligations of the parties concerning defective performance are governed in particular by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
VIII. Delivery of Correspondence
1. The contracting parties may deliver all written correspondence relating to the purchase agreement to each other by electronic mail.
2. The Buyer shall send correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall send correspondence to the Buyer at the email address specified in the Buyer’s customer account or order.
IX. Alternative Dispute Resolution
1. If a consumer dispute arises between the Seller and the Buyer in connection with a purchase agreement and the dispute cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of the dispute to the competent alternative dispute resolution entity:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
Czech Republic
Email: adr@coi.gov.cz
Website: Czech Trade Inspection Authority – ADR Information
2. Further information on alternative dispute resolution and the conditions for submitting a proposal is available on the website of the Czech Trade Inspection Authority.
3. In the case of a cross-border consumer dispute, consumers may also seek free assistance from the European Consumer Centres Network (ECC-Net). The European Consumer Centre Czech Republic provides information and assistance particularly in connection with purchases from traders established in another Member State of the European Union, Norway or Iceland.
4. The Seller is authorised to sell goods on the basis of the relevant trade licence. Trade licensing supervision is carried out by the competent trade licensing authority within the scope of its powers. The Czech Trade Inspection Authority supervises, within the scope defined by law, compliance with obligations arising from Act No. 634/1992 Coll., on Consumer Protection, as amended.
X. Final Provisions
1. The legal relationship between the Seller and the Buyer shall be governed by the laws of the Czech Republic. Where the relationship arising from the purchase agreement contains an international element and the Buyer is a consumer, the choice of Czech law shall not deprive the consumer of the protection afforded by mandatory provisions of the law that would otherwise apply under the relevant rules of the European Union.
2. The Seller is not bound by any codes of conduct in relation to the Buyer unless expressly stated otherwise on the Seller’s website.
3. The content of the Seller’s website, including in particular texts, photographs, videos, graphic elements, logos and other materials, is protected by applicable intellectual property laws. Proprietary rights to individual elements of the content belong to the Seller or to the respective authors, artists, photographers or other entitled persons. Such content may not be copied, modified, distributed or otherwise used beyond the scope permitted by law without the prior consent of the relevant rights holder.
4. When using the Online Store, the Buyer must not employ any methods that could adversely affect its operation, compromise its security or enable unauthorised access to its software or other technical systems. To the extent permitted by law, the Seller shall not be liable for temporary unavailability of the Online Store or disruptions caused by third parties, technical service providers or circumstances beyond the Seller’s reasonable control.
5. The purchase agreement, including the applicable version of these Terms and Conditions, is archived by the Seller electronically. The Seller’s internal archive is not directly accessible to the Buyer. The Buyer shall receive the relevant contractual information and Terms and Conditions in a durable form in accordance with applicable law.
6. The purchase agreement may be concluded in Czech or English, depending on the language version of the Online Store through which the Buyer places the order.
7. The Seller may amend or supplement these Terms and Conditions. Such amendments shall not affect rights and obligations arising while a previous version of the Terms and Conditions was in force. The version effective at the time the relevant purchase agreement is concluded shall apply to that agreement.
8. A model withdrawal form forms an annex to these Terms and Conditions.
These Terms and Conditions shall take effect on 23 August 2026.