Terms and conditions

Terms and Conditions

I. Introductory Provisions

1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of Onepoint Art s.r.o., with its registered office at Kafkova 679/34, 160 00 Prague, ID No.: 17582316, registered in the Commercial Register kept by the Municipal Court in Prague, file number C 368074 (hereinafter referred to as the "Seller") govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store.

2. The online store is operated by the Seller on a website located at www.onepoint.cz (hereinafter referred to as the "Website") via the web interface (hereinafter referred to as the "E-shop Web Interface").

3. Provisions deviating from the Terms and Conditions can be agreed upon in the Purchase Agreement. Such deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.

4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement.

5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

II. Conclusion of the Purchase Agreement

1. All presentations of goods placed in the E-shop Web Interface are informative, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods.

2. The E-shop Web Interface contains information about the goods, including the prices of individual items and the costs for returning the goods if they cannot be returned by regular mail. The prices of goods include VAT (if applicable) and all related fees. The prices remain valid for as long as they are displayed in the E-shop Web Interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.

3. To order goods, the Buyer fills out an order form in the E-shop Web Interface. The order form includes:

   • information about the goods ordered (the Buyer "inserts" the goods into the electronic shopping cart of the E-shop Web Interface),

   • information about the method of payment of the purchase price,

   • information about the required delivery method of the ordered goods, and

   • information about the costs associated with delivery.

4. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order, even with regard to the Buyer's ability to detect and correct errors made when entering data. The Buyer sends the order to the Seller by clicking the "Submit Order" button. The data provided in the order are considered correct by the Seller.

5. The contractual relationship between the Seller and the Buyer arises upon delivery of the order confirmation (acceptance), which the Seller sends to the Buyer by e-mail to the Buyer's e-mail address.

6. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) are borne by the Buyer, and these costs do not differ from the basic rate.

III. Price of Goods and Payment Terms

1. The price of the goods and any costs associated with the delivery of goods under the Purchase Agreement can be paid by the Buyer in the following ways:

   • by cashless transfer to the Seller’s bank account,

   • via a payment gateway,

   • cash on delivery.

2. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.

3. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled upon crediting the relevant amount to the Seller's account.

4. The Seller does not require any deposit or other similar payment from the Buyer in advance.

5. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

IV. Withdrawal from the Purchase Agreement

1. The Buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of goods that have been modified according to the wishes of the Buyer or for their person.

2. If it is not a case referred to in paragraph 1 or another case where withdrawal from the contract is not possible, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in accordance with § 1829 paragraph 1 of the Civil Code.

3. In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws from the Purchase Agreement, they bear the costs associated with returning the goods to the Seller.

4. In the event of withdrawal, the Seller shall return to the Buyer all payments received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner.

5. The Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods were sent back to the Seller.

V. Transport and Delivery of Goods

1. The method of delivery is determined by the Seller, unless otherwise agreed in the Purchase Agreement.

2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer, the Buyer is obliged to take over the goods upon delivery.

3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery or the different delivery method.

4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in case of any defects, immediately notify the carrier. If the packaging is found to be broken or damaged indicating unauthorized entry, the Buyer does not have to accept the shipment.

VI. Rights Arising from Defective Performance

1. The rights and obligations of the contracting parties regarding defective performance are governed by the relevant generally binding regulations (in particular § 1914–1925, § 2099–2117, and § 2161–2174 of the Civil Code).

2. The Seller is liable to the Buyer that the goods are free from defects upon receipt.

3. If the goods do not have the characteristics described above, the Buyer may demand the delivery of new goods without defects, or repair, or a reasonable discount on the purchase price, or may withdraw from the contract.

4. The Buyer may exercise the rights from defective performance at the Seller’s business address or electronically via e-mail.

VII. Additional Rights and Obligations of the Parties

1. The Buyer acquires ownership of the goods upon full payment of the purchase price.

2. The Seller is not bound by any codes of conduct in relation to the Buyer.

3. The out-of-court resolution of consumer disputes arising from the Purchase Agreement is handled by the Czech Trade Inspection Authority (www.coi.cz).

4. The European Commission's online dispute resolution platform can also be used (https://ec.europa.eu/consumers/odr).

5. The Seller is authorized to sell goods on the basis of a trade license.

6. Supervision of compliance with legal regulations is carried out by the relevant trade licensing office.

VIII. Personal Data and Cookies

1. The Seller fulfills their information obligation towards the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 (GDPR) regarding the processing of the Buyer's personal data via a separate document.

2. The Buyer agrees to the sending of commercial communications related to the Seller’s goods or services. The Buyer may revoke this consent at any time.

IX. Final Provisions

1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a provision that best reflects the intended purpose of the original provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

2. The Purchase Agreement and the Terms and Conditions are governed by Czech law.

3. The Purchase Agreement is archived in electronic form and is not accessible to third parties.

4. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.