Business terms and conditions of Luxorta s.r.o. (“Seller”) with registered office at Na Vyhlidce 165, Nové Hrady, 373 33, ID number: 28085191 for the sale of goods via the online store located at digital-art.space (“Seller Website”)
Introductory Provisions. These terms and conditions regulate, in accordance with the provisions of § 1751, paragraph 1 of Act No. 89/2012 Coll., Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the Seller and another natural person through the seller’s online store. The online store is operated by the Seller on the Seller Website through the website interface. The terms and conditions do not apply to the case where the person who intends to purchase goods from the Seller is a legal entity or a person acting as part of his business activity or as part of his independent professional practice.
Information and ordering goods. The information about the goods and the price stated by the Seller are binding, except for an obvious error. Prices are presented inclusive of all taxes and fees, excluding delivery charges. The condition for the validity of an electronic order is that the data in the order form has been filled out. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the buyer by e-mail, to the e-mail address of the buyer.
Delivery of goods and cost of transport. The Seller will deliver the goods to the Buyer complete, no later than 21 days after the confirmation of the order. The buyer is obliged to accept and pay for the goods. The buyer is advised to inspect the goods as soon as possible upon receipt. The documents for the goods are part of the shipment. We send the products packed in such a way as to prevent any damage to the goods as much as possible. Shipping is free in Czech Republic. We deliver the goods by Czech Post.
Product price and payment terms. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the Seller in cash or by payment card on delivery at the place specified by the buyer in the order. Another option is to pay the price in advance.
Rights and obligations from defective performance. If the received goods have defects (does not have the agreed and legitimately expected properties, are not complete, do not correspond to their quantity or measure), these are defects of the goods for which the seller is responsible. The buyer can apply to the Seller, no later than fourteen days after taking over the goods, according to his request, the right to a reasonable discount on the price or to the delivery of a new item without defects. The right from defective performance is exercised by the buyer at the Seller’s address of the registered office of his business.
Withdrawal from the purchase contract. The buyer can withdraw from the contract within 14 days of receiving the goods. The buyer is entitled to withdraw from the contract at any time before the delivery of the goods. The buyer shall send or hand over the withdrawal from the contract to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. The Seller is obliged to return to the buyer an amount fully corresponding to the price of the goods within 14 days of withdrawal from the contract. Within the same period at the latest, the buyer is obliged to send or hand over the purchased goods to the Seller. The goods must be returned to the Seller complete, unopened, and must not show signs of damage. The cost of returning the goods is borne by the buyer. If the returned goods are damaged due to the buyer’s breach of duty, the Seller is entitled to claim against the buyer for compensation for the reduction in the value of the goods and to count it against the returned amount.
Conflict solving. Mutual disputes between the seller and the buyer are resolved by the general courts. According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz. An out-of-court settlement of a consumer dispute is initiated exclusively at the consumer’s suggestion, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time. The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/. The buyer can also contact dTest, o.p.s. for advice regarding their consumer rights. via www.dtest.cz/poradna or by phone 299 149 009. The seller undertakes to preferentially seek an out-of-court settlement of disputes with the buyer, if the buyer does not reject them. Out-of-court dispute settlement can also be done through the VašeStížnosti.cz service on the website www.vasestiznosti.cz. This procedure is not a mediation pursuant to Act No. 202/2012 Coll., on mediation, as amended, nor an arbitration proceeding pursuant to Act No. 216/1994 Coll., on arbitration proceedings and enforcement of arbitration awards, as amended, and its use is not affected the right of the parties to address their claim to the Czech Trade Inspection or to the court. During the duration of the negotiations on the out-of-court settlement of the dispute, the statute of limitations and preclusion periods according to the Civil Code do not run or start to run, until one of the parties to the dispute expressly refuses to continue the negotiations. The seller undertakes, in the case of the buyer’s consent, to strive for the fulfillment of dTest’s recommendation opinion. Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection (www.coi.cz).
Protection of personal data. Personal data is protected against disclosure and use by a third party. They are used only for sending the ordered shipment and for communication with the customer. Handling of personal data is governed by the provisions of Act. No. 101/2000 Coll. on personal data protection and Regulation (EU) 2016/679 (GDPR).
We store the personal data that we record about our customers and that we need for the proper provision of our services in full compliance with the GDPR rules. We use this data exclusively for the purpose of providing our services, for proper billing of the services provided and for continuous information on the status of the order. For registered users, also to inform about all news, events and discounts.
The personal data we record about the buyer are: First and last name, Residential address (delivery), Telephone number, Email address, IP address of the computer from which the purchase was made.
We keep this data in the system for 5 years from the last login/purchase. By accepting these terms and conditions, the consumer (buyer or person registering) agrees to the processing of personal data as defined in these terms and conditions.
Right to erasure from records. To delete all data from the register, contact us with a request to delete the registered data.
The terms and conditions are valid from 20/02/2023