TERMS AND CONDITIONS

General Terms and Conditions

E-shop name: Vydry Studio

Web address: https://www.vydrystudio.com/

Operators:

 Bohdana Vydrová

Registered seat: Sloupská 553, Nový Bor, 473 01

IČ: Sloupská 553, Nový Bor, 473 01, non-payer of VAT

Tel:+420 739 009 230

 Pavel Vydra

Registered seat: Sloupská 553, Nový Bor, 473 01

IČ: 16692764 non-payer of VAT                                        

Tel:+420 603 542 185

 

Email: vydrystudio@gmail.com

  1. Preamble

 

These general terms and conditions (hereinafter also GTC) apply to purchases in the online store https://www.vydrystudio.com/ , which is operated by Bohdana Vydrová IČ:66314810, with its registered office at Sloupská 553, Nový Bor, 473 01, Pavel Vydra IČ: 16692764, 473 01, with its registered office at Sloupská 553, Nový Bor, 473 01, (hereinafter referred to as the Sellers). The GTC regulate the relations between the Seller and the Customer (hereinafter referred to as the Buyer). All contractual relations are concluded in accordance with the law of the Czech Republic. By placing an order, the buyer confirms that he has read these terms and conditions, of which the complaint procedure is an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.

 

  1. Definition

 

  1. Sellers

 

The sellers are : Bohdana Vydrová IČ:66314810, with its registered office at Sloupská 553, Nový Bor, 473 01:, Pavel Vydra IČ: 16692764, 473 01, with its registered office at Sloupská 553, Nový Bor, 473 01,

The sellers are operating through the website https://www.vydrystudio.com/ sales online gallery, which mediates the sale of exhibited works of art and non precious metal jewelry.

  1. Buyer

The buyer is a consumer or entrepreneur. A consumer is a natural person who, in concluding and fulfilling the Purchase Agreement with the Seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession. At the beginning of the business relationship, the Consumer provides the Seller only with his contact details, necessary for the smooth execution of the order, or the data he wants to have stated on the purchase documents. Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 40/1964 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations. Entrepreneur means: a person registered in the Commercial Register (especially a commercial company), a person who does business on the basis of a trade license (self-employed person registered in the trade register), a person who does business on a non-trade license under special regulations (this includes, for example, liberal professions such as advocacy, etc.), and a person who runs agricultural production and is registered to the records according to a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act no. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. The individual Agreement of the Seller with the Buyer is superior to the business conditions. liberal professions such as advocacy, etc.), and a person who carries out agricultural production and is registered in accordance with a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act no. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. The individual Agreement of the Seller with the Buyer is superior to the business conditions. liberal professions such as advocacy, etc.), and a person who carries out agricultural production and is registered in accordance with a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act no. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. The individual Agreement of the Seller with the Buyer is superior to the business conditions.

 

  1. Consumer Contract

 

Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the supplier on the other hand, resp. Seller.

 

III. Processing of personal data

 

All handling of Buyers' personal data is governed by Act No. 101/2000 Coll., On the protection of personal data, as amended, and other legal regulations valid in the Czech Republic. By his free decision (by pressing the Send Order button), the Buyer indicates that he is aware of all the above facts and agrees to further processing of his personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to the protection of rights to the extent provided by law. You can revoke this consent at any time in writing. Personal data will be fully secured against misuse. The data will be stored and will not be shared with third party applications. The controller hereby informs the data subject and provides him with an explicit instruction on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, ie in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the above consent at any time in writing at the controller's address and also has the right to contact to the Office for Personal Data Protection and demand appropriate remedies, such as refraining from such actions by the administrator, removing the situation, providing an apology, making corrections or additions, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from § 11 and 21 of this Act. If the Buyer wishes to correct the personal data that the Operator or the Seller processes about him, he may request it at the email address. that the data subject has the right to access them, has the right to revoke the above consent at any time in writing at the controller's address and also has the right to contact the Office for Personal Data Protection in the event of a breach of his rights and request appropriate remediation, such as refraining from such conduct. administrator, removal of the situation, provision of an apology, correction or supplementation, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from § 11 and 21 of this Act. If the Buyer wishes to correct the personal data that the Operator or the Seller processes about him, he may request it at the email: vydrystudio@gmai.com

 

  1. Order and conclusion of the Contract

 

The Buyer is entitled to send the order to the Seller only through the e-shop ordering system. The proposal for concluding the Purchase Agreement is the placement of the offered goods by the Seller on the website, the Purchase Agreement is created by sending the order by the Buyer to the consumer and acceptance of the order by the Seller. The Seller shall immediately confirm this acceptance to the Buyer by an informative email to the specified email, however, this confirmation does not affect the creation of the Contract. The resulting Contract (including the agreed price) may be amended or canceled only by agreement of the parties or on legal grounds. These GTC are prepared in the  English language, while the purchase contract can also be concluded in the English language. A consumer who has a permanent residence in a Member State of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order, he agrees to the conclusion of the purchase contract in the English language. After concluding the purchase contract, it is not possible to find out whether errors occurred during data processing before placing the order, or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within 3 years from the date of its signing.

 

  1. Price and payment

 

The offer and prices stated on the seller's e-shop are contractual, final, always up-to-date and valid, as long as they are thus offered by the Seller in the online store. Shipping costs are listed in the section "Delivery time and delivery conditions". The costs of using means of distance communication shall be borne by the Buyer. The final calculated price after filling in the order form is already stated, including shipping. The price stated for the goods at the time of ordering the goods by the buyer applies as the price at the conclusion of the Contract between the seller and the buyer. The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can take over the goods in principle only after full payment, unless otherwise agreed. In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for reimbursement of funds spent depends on the chosen method of reimbursement, but may not exceed a period of 30 days from the moment when this impossibility arose. The goods remain the property of the Artist until full payment.  Upon the placement of the order, the buyer will receive an automatic confirmation of the order, followed by an invoice. For the reason that the web-shop is operated by three sellers , the buyer will receive an invoice from the respective seller from which he ordered, (if he ordered from two or three sellers, the buyer will receive the equivalent number of invoices. The seller accepts the following payment terms:

Bank transfer

 

 

 

Due in the case of payment on the invoice is 14 days from the date of issue, unless the parties agree otherwise, and the Buyer is obliged to pay the amount so that on the due date the invoice is already credited to the Seller's account, otherwise the Buyer is in arrears.

 

  1. Delivery time and delivery conditions

 

The Seller will fulfill the delivery of the goods by handing over the goods to the Buyer, or by handing over the goods to the carrier, thus also passing the risk of damage to the goods to the Buyer. Product availability is always stated in the detail of this product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 14 days. In normal cases, we ship the goods within 3 working days of payment of the full purchase price. The final delivery date is always stated in the email, which confirms the order. The delivery period begins to run only from the full payment of the purchase price,  from the crediting of the relevant amount to the Seller's account. The seller accepts the following delivery conditions:

 

VII. Warranty and service

 

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and valid legal regulations of the Czech Republic. The purchase document (invoice) serves as a guarantee certificate.

 

VIII. Handmade products

 

Due to the manual nature of production, small variations in the dimensions, colors or thickness of the glass may occur in the products, every piece is unique.

 

  1. Complaints Procedure

 

In the event that a defect occurs during the warranty period, the Buyer has, depending on the nature of this defect, the following rights when applying the warranty:

 

In the case of a remediable defect:

  1. a) the right to free, proper and timely removal of the defect
  2. b) the right to replace defective goods or defective parts, unless it is disproportionate due to the nature of the defect
  3. c) in case of impossibility of procedures referred to in points a) and b) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract.

 

In the case of an irremediable defect:

  1. a) the right to replace defective goods or withdraw from the purchase contract in the case of a remediable defect, if the Buyer can not properly reclaim the defect after repair (ie the goods have been claimed 3 times for the same defect) or for a larger number of defects use
  2. b) the right to exchange defective goods or to withdraw from the purchase contract if the defects are other irreparable and if the consumer does not request an exchange of the item.
  3. c) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract.

 

Complaints can be made to the Seller via email at  vydrystudio@gmail.com

 

Complaints do not apply to cases: if there is a defect or damage caused by demonstrable misuse, in violation of the instructions for use or other incorrect actions of the Buyer demonstrable tampering with the goods. For defects caused by normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a complaint is made after the expiration of this period. Defects caused by natural disasters.

 

  1. Termination of the Agreement

 

Due to the nature of concluding the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 14 days of receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., The Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and concludes a Purchase Agreement in connection with his business activities. In the event of the above-mentioned withdrawal from the contract, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will inform the Seller for this purpose. The Seller has the right to withdraw from the Contract in the event that the Buyer does not pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.

 

  1. Final Provisions

 

The Buyer will enable the Seller to fulfill its obligations in accordance with the Offer / Contract, for which it will develop all necessary cooperation. The Buyer undertakes to reimburse all costs incurred by the Seller by sending reminders and costs associated with the recovery of any receivables. The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party. The Buyer shall immediately inform the Seller of any change in its identification data, no later than 5 working days from the date on which such change occurred. The Parties undertake to make every effort to amicably resolve any disputes arising out of or in connection with the Agreement and / or the GTC. The mutual contractual relationship of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., The Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III. Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as “Rome I”), that they chose Czech law as the law applicable to the Purchase Agreement and these GTC, namely excluding the application of the "UN Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI of Rome I, concerning consumer contracts. In the event that any provision of the Agreement and / or the GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and / or the GTC. In such cases, the Contracting Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision, which will have, to the fullest extent possible, the same meaning and effect as the intention of the provision to be replaced. By law, the Contracting Parties hereby declare, in cases of contracting with an international element, for any dispute (except in disputes in which the arbitrator has exclusive jurisdiction and / or in connection therewith) or for cases in which a final court decision would be found, that there is no competence of an arbitrator under this article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, exclusive jurisdiction of the municipal court in deciding on all future disputes under the Contract and / or the GTC and / or in connection with them.

 

These GTC come into force and effect on November 1, 2020 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC then cease to be valid and effective on the day the GTC enters into force later.