General Terms and Conditions
- Basic Provision
These Terms and Conditions regulate the supplier-customer relations arising from the sale of Goods in the online store under the domain www.gjartshop.com (hereinafter referred to as the “seller”, whose operator is Alexandr Oniščenko – Galerie Jakubska, company identification number: 4927 4007, tax identification number: CZ5707 1720 42. Billing address is Jakubska4/744, Praha 1, 110 00.
- Ordering Goods
Goods can be ordered using the following methods:
– via shopping cart at online shop www.gjartshop.com
– by e-mail on info@galeriejakubska.com
– by phone on +420 724 500 796
The order must state the basic requirements necessary for issuing a tax document. All Goods are uniquely identified by their name and price. By placing an order, the buyer confirms that he has read the Terms and Conditions and the Complaint Procedure, and that he agrees with them. The customer always receives the Goods for the prices valid on the day of ordering. The set prices of Goods include VAT and are valid until stocks run out.
Orders received are binding. The Contract is concluded by confirming the order by the seller. The order confirmation is automatically sent to the customer after ordering the Goods.
Legal relations arising from the conclusion of a purchase agreement are governed by relevant provisions of the Civil Code, particularly provisions on the conclusion of contracts using means of distance communication.
- Payment Terms
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of Goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of Goods.
Payment methods:
Payment via payment gateway
Payment by bank transfer
If you have chosen to make a prepayment by the bank transfer as your payment method, please pay the amount to the account number: 1891 08 225/ 0300. Use your order number as variable symbol.
When choosing payment by the bank transfer, we wait for the physical crediting of the amount to our bank account and we ship the goods only after the crediting of the amount. Custom Goods are entered into production after the amount is credited to the account and at that moment the time of dispatch is, see the delivery time for individual Goods. If you have a different bank than us, the transfer takes at least 1 business day.
Payment by bank transfer based on issued invoice with a maturity of 10 days is possible for permanent registered partners.
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Transportation and Delivery of Goods
The Goods are delivered in the following ways:
1) PPL
Delivery of the consignment via PPL. You can monitor the progress of the consignment transport online through the code or consignment number sent by us. To track a shipment, use the following address: consignment sent by PPL.
2) DHL
Delivery of the consignment via DHL. You can monitor the progress of the consignment transport online through the code or consignment number sent by us. To track a shipment, use the following address: consignment sent by DHL.
In case of ordering Goods that are modified, cut to size, or otherwise adjusted according to the customer’s requirements, advanced payment to the bank account is required.
We reserve the right to send an incomplete order (the most common reasons may be: the Goods are no longer produced, the supplier of the Goods has not delivered or permanently changed the prices of the Goods). The customer is always informed about this fact in advance and the decision is solely on him/her.
If the sent consignment is returned to the supplier for any reason and the customer insists on repeated delivery, the price is increased by another shipping according to the tariff.
- Delivery Time
The Goods are delivered within the deadlines specified for each item. Unless otherwise stated for the individual Goods, the delivery time is 4 weeks from the order confirmation. In case of sold out, the delivery time may be extended. Delivery times are indicative only. In the case of Goods paid in advance to a bank account, the delivery period begins to run from the date of payment for the Goods. The date of delivery also depends on chosen mode of transport.
Upon receipt of the consignment, the buyer is obliged to check the condition of the consignment together with the carrier and, in case of damage, refuse to accept it. If the shipment cannot be inspected immediately, the problem with the damaged shipment can be resolved with the carrier within 24 hours, not with the seller.
- Cancellation Policy
The buyer has the right to cancel the order without giving a reason or change it at any time before a confirmation by the seller is made. After the confirmation, the order can be changed only according to the agreement with the seller and canceled only if the seller does not meet the agreed delivery conditions. If the buyer cancels the confirmed order, he is obliged to compensate the seller for the damage caused by this action (provable costs such as transport).
The seller is entitled not to confirm – to cancel the order without giving a reason. In the event of a significant change in the price at the supplier or in case the goods are no longer produced or delivered, also in the event of an obvious error in the price of the goods (i.e. prices obviously different from the price usual for this type / kind of goods). As an obvious error in the price of goods is considered, for example, the erroneous presentation of the first three digits instead of four, obviously low price of goods. The buyer will be contacted by the seller to specify the next steps. If the buyer has already paid part or all the purchase price, this amount will be returned to him by bank transfer or postal order to the address as soon as possible.
- Withdrawal from the Contract
Withdrawal from the Contract is governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as CC). A customer who does not purchase goods within the scope of his business or other entrepreneurial activity has, in accordance with § 1829, paragraph 1. of the CC, the right to withdraw from the Contract within 14 days of receiving the goods. Customer may withdraw by delivering the goods back to the seller’s premises within a statutory period of 14 days from receipt by a commercial or registered package or deliver the goods in person. The deadline is considered to be met if you send the goods back before the expiration of 14 days. Upon withdrawal, it is necessary to state the number of the tax document and the bank account of the buyer, to which the paid price of the goods or part thereof can be returned.
To exercise the right of withdrawal, you must inform about your withdrawal in the form of a unilateral legal action (for example, by letter sent through the postal service provider or by e-mail). You can use the attached sample form to withdraw from the Contract, but it is not your obligation.
The seller will assess the condition of the returned goods according to the following conditions and notify the buyer of the condition. Returned goods must meet the following conditions:
– must be undamaged
– must be complete (including original accessories, warranty card, instructions,…)
– the buyer must prove his purchase of the goods with proof of purchase
Otherwise, the seller may refuse to withdraw from the contract. The goods must be sent by registered mail and insured.
If the goods are duly returned to the seller or not taken over by the buyer, the seller is entitled to reimbursement of the costs actually incurred in fulfilling the contract. The direct costs associated with returning the goods are borne by the customer.
In case of withdrawal from the Contract, the seller is obliged to return paid purchase price or its part to the customer within 30.
In the event of non-compliance with any of the above conditions, the seller will not accept withdrawal from the consumer contract and the goods will be returned at the expense of the buyer or will be stored at the seller’s registered office. According to the law, the seller is entitled to charge the buyer the actual and verifiable costs associated with the return of goods.
- Other Rights and Obligations of Contracting Parties
The buyer acquires the ownership of the goods by paying the full purchase price of the goods.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- Personal Data Protection
The operator of the online store www.gjartshop.com undertakes and declares that he will not provide the entrusted personal data of the customer to any third party without the prior consent of the customer (with the exception of the delivery service that needs the data to deliver the shipment). The buyer’s data is stored in a database so that he does not have to register repeatedly with each purchase. At the request of the buyer, the seller may delete this data from the database at any time without giving a reason.
- Warranty Conditions
The Warranty Conditions for the Goods are provided in accordance with generally valid legal regulations. The warranty does not cover damage caused by mechanical damage, improper handling and natural disaster.
- Complaint
The moment of claim is the moment when the seller received the claimed goods from the buyer.
The supplier will decide on the complaint immediately, or within 3 working days in complex cases. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the defect, will be settled without undue delay, no later than thirty (30) calendar days from the date of the complaint, unless the supplier agrees otherwise with the buyer. After this period, the consumer has the same rights as if it were a defect that cannot be remedied. Defect liability rights apply to the supplier from whom the item was purchased.
In the case of a manifestly unjustified complaint, the consumer is not entitled to get the reimbursement of his costs associated with the settlement of the complaint and at the same time the supplier is not entitled to get the reimbursement of costs incurred on his part (if it was not, for example, a repeated manifestly unreasonable complaint by the consumer, that can be concluded as an abuse of rights on his part).
When making a complaint, it is necessary to submit:
– proof of purchase
– exact description of the defect
- Final Provision
These General Terms and Conditions are valid from 1.08.2020.
Situations that are not regulated in these Terms and Conditions, the relationship between the buyer and the seller is governed by applicable law, primarily the Civil and Commercial Code. The seller reserves the right to change these General Terms and Conditions without prior notice.