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General business conditions and rules of personal data protection
I. General provisions and definitions
These general business conditions of the company Trafo Gallery s.r.o, VAT: 05937949, with its registered office at Nad Zemankou 894/3, 14700 Prague 4, entered in the Commercial Register under file number C 273294, kept at the Municipal Court in Prague (hereinafter referred to as the “Seller”) they regulate the mutual rights and obligations between the seller and the buyer arising on the basis of the purchase contract (hereinafter referred to as the “Purchase Agreement“) concluded between the seller and the 3rd person (hereinafter referred to as the “Buyer“) through the Seller’s online store. The online store is operated by the Seller on the website located at the internet address www.trafogallery.cz.
Buyer means a buyer – entrepreneur or buyer – consumer.
Buyer – consumer means any person who enters into a contract with the seller or otherwise deals with him outside the scope of his business activities or outside the scope of independent performance of his profession.
Buyer – entrepreneur means a person who independently performs on his own account and responsibility a gainful activity in a trade license or similar manner with the intention to do so systematically in order to achieve a profit. In the sense of these general terms and conditions, any person who concludes contracts related to his own business, production or similar activity or in the independent exercise of a profession, or a person acting in the name or on behalf of an entrepreneur, is also considered an entrepreneur.
Subject of purchase of these General Terms and Conditions, the subject of purchase means art publications, graphic prints and other original art products and works.
By sending the order to the seller, the buyer confirms that he has read the content of the general terms and conditions and considers their content to be clear and understandable. These general terms and conditions are an integral part of the purchase agreement.
Provisions deviating from the general terms and conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the general terms and conditions.
The provisions of the General Terms and Conditions are drawn up in the Czech language and the purchase contract is also concluded in the Czech language.
The seller may change or supplement the wording of the general terms and conditions.
NOZ means Act No. 89/2012 Sb., The Civil Code.
II. Conclusion of a purchase contract
The buyer has the opportunity to order art objects and publications on the website www.trafogallery.cz and by sending an electronic order to the seller. The buyer will make an electronic order by marking the goods on the order form on the website www.trafogallery.cz and completing all the data on the form. Before sending a binding order, the buyer has the opportunity to check the data in the order and, if necessary, correct it. By sending the order, the buyer accepts these terms and conditions and the price of the goods.
The order sent to the seller is considered a draft contract. The purchase contract is concluded at the time of confirmation of receipt of the order by the seller, which the seller sends to the e-mail of the buyer specified in the order. Part of the order is a confirmation from the buyer that he has read these terms and conditions. After receiving the payment, the seller will send a confirmation of access to the goods to the buyer’s e-mail address specified in the order.
III. Method of payment, method of performance, receipt of goods, personal collection
Orders can be paid through the paypal payment gateway, payment card, in cash at the Trafo Gallery (Hall 14, Holešovická tržnice, Bubenské nábřeží 306/13, Prague 7) or by bank transfer on the basis of an advance invoice issued by the seller after receipt of the order and sent to the e-mail address of the buyer specified in the order. The due date of the invoice is stated directly on the invoice. If the buyer does not pay this invoice properly and on time, the order is canceled. In this case, the buyer may be able to order training by creating a new order.
2. The goods are delivered by a transport service that the buyer chooses when filling out the order. When receiving the goods from the carrier, the buyer is obliged to carefully check the delivered goods. BUYER’S RECOMMENDATION: Do not accept a shipment that shows signs of damage. About the defect please inform us immediately of the delivered consignment or the refusal to accept the damaged consignment via e-mail at: www.trafogallery.cz.
If the goods are damaged, even though the packaging was intact, the buyer is obliged to inform either the carrier or the seller as soon as possible, depending on the type of transport selected by the buyer. Prices for transport are determined by the current tariff of the transport company.
Personal collection of goods is possible at the Trafo Gallery headquarters (Hall 14, Holešovická tržnice, Bubenské nábřeží 306/13, Prague 7) and is free of charge.
The customer has the option of exchanging intact goods with an invoice within 14 days from the date of receipt for other goods. The seller does not return the money when exchanging the goods.
The buyer (hereinafter referred to as the “user”) acknowledges that works of art are a work within the meaning of copyright law, and as such is subject to the protection of this law and is obliged to avoid any interference with copyright and intellectual property rights.
The buyer acknowledges that for violation of copyright or other rights protected by law, he may be penalized in accordance with applicable law.
1. The buyer has the right to get acquainted with the quality of the offered items of the seller before ordering, among other things, on the seller’s website www.trafogallery.cz.
VI. Complaints Procedure
This complaint procedure regulates in the sense of § 13 of Act No. 634/1992 Coll. on consumer protection and in the sense of § 2085 et seq. of the Civil Code, rights and obligations between the seller Trafo Gallery, sro, VAT: 05937949, with its registered office at Nad Zemankou 894/3, 14700 Prague 4 (hereinafter referred to as the “seller”), which acts within its business activities, and the buyer, who may also be a consumer (hereinafter referred to as the “Buyer”), in particular the scope, conditions and manner of exercising the rights arising from defective performance (“Complaint”).
Buyer means a person who concludes a purchase contract with the seller for the goods offered seller in the online e-shop at: www.trafogallery.cz regardless of whether the buyer is an entrepreneur or a consumer.
The seller must deliver the ordered goods to the buyer without defects with the properties exchanged or usual so that the thing can be used for a specified period of time according to the purpose of the contract. The goods are defective if they are not in the agreed quantity, quality and design. Defects that the buyer himself caused (incorrect use, storage, incorrect maintenance, intervention or mechanical damage to the goods) or about which he was already aware at the time of purchase, cannot be claimed. This also applies to defects due to which he agreed with the seller to reduce the price of goods. The seller is not responsible for normal wear and tear. When making a complaint, the claimed goods must be in the original packaging. If it is in a damaged package and is not complete, it will not be accepted for complaint.
The buyer is obliged to claim the goods without undue delay after finding out that there is a defect in the goods.
The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect.
VII. General Data Protection Regulation
1. The Seller processes the Buyer’s personal data in accordance with EU Regulation No. 2016/679 (hereinafter referred to as “GDPR”) and the legal regulations of the Czech Republic.
The seller acts as a controller of personal data. Personal data will be processed for the purpose of fulfilling the contractual relationship between the Seller and the Buyer and for the purpose of direct marketing (especially sending business messages). The legal reason for processing is the performance of the contract, the fulfillment of legal obligations and a legitimate interest (direct marketing).
The Buyer’s personal data will be processed to the extent of: name and surname, registered office, email address, telephone number, identification number and tax identification number.
For the performance of the contract, the seller uses the services of subcontractors as processors, in particular the provider and administrator of the ordering software, the provider of accounting software and the provider of mailing services (personal data are stored inside and outside the EU). Subcontractors are checked for the secure processing of personal data. The Seller and the subcontractors have entered into a contract for the processing of personal data, according to which the subcontractors are responsible for the proper security of the physical, hardware and software perimeter, and are therefore directly liable to the Buyer for any leakage or breach of personal data. Subcontractors based outside the EU (mailing service providers) have undertaken to comply with at least the same level of personal data protection as set out in the GDPR by participating in the Privacy Shield legal framework.
The Seller has taken legal, organizational and technical measures to protect the processed personal data so that unauthorized or accidental access to the data, their change, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse and that all obligations of the personal data processor arising from legal regulations are ensured in a personnel and organizational manner for the duration of the data processing.
The provision of personal data is a legal and contractual requirement.
The client’s personal data will be processed for the period of performance of the contract and legal deadlines. Personal data will be processed in electronic form in an automated manner.
The Buyer has the right to request from the Seller access to his personal data pursuant to Article 15 of the GDPR, correction of personal data pursuant to Article 16 of the GDPR, or restrictions on processing pursuant to Article 18 of the GDPR. The user has the right to delete personal data according to Article 17, paragraph 1, letter a), and c) to f) GDPR. Furthermore, the user has the right to object to the processing according to Article 21 of the GDPR and the right to data portability according to Article 20 of the GDPR. These rights can be exercised and any questions regarding personal data protection can be sent to firstname.lastname@example.org. In the event that the Buyer believes that his right to personal data protection has been violated, he has the right to file a complaint with the Office for Personal Data Protection (www.uoou.cz).
The seller uses so-called cookies in his presentation in order to increase the quality of services, personalize the offer, collect anonymous data and for analytical purposes. By using the web interface, you agree to the use of this technology.
VIII. Communication from the seller to the buyer before concluding the contract
By sending the order, the buyer confirms that in accordance with § 1810 et seq. Of the NOZ, he has received clear and comprehensible information required by law from the seller before concluding the contract, namely:
the identity of the seller, or telephone number or e-mail address or other contact information,
the designation of the goods and a description of their main characteristics,
the price of the goods, or the method of its calculation, including all taxes and fees,
method of payment and method of delivery of performance,
information on the rights arising from the defective performance, as well as on the rights under the guarantee and other conditions for the exercise of these rights.
By sending the order, the Buyer further confirms that in accordance with § 1820 et seq and the following NOZ received from the buyer before the conclusion of the contract in a remote manner clear and comprehensible information required by law, namely:
details of any obligation to pay an advance or a similar payment, if required,
the conditions, time limit and procedures for exercising the right of withdrawal, if applicable, as well as the withdrawal form,
an indication of the existence, manner and conditions of out-of-court settlement of consumer complaints, including whether a complaint can be lodged with a supervisory authority or a state supervisor.
IX. The buyer’s right to withdraw from the contract
1. If the purchase contract is concluded by means of distance communication (in Internet shop), the buyer – consumer in accordance with § 1829 paragraph 1 of the Civil Code has the right to withdraw from the contract without giving a reason within 14 days of receipt of the goods. If the order is divided into several shipments, the period runs from the delivery of the last of them.
In the notice of withdrawal, provide the following information:
I declare that I hereby withdraw from the contract for the purchase of the following goods:
• Date of receipt:
• Name and surname of the buyer:
• Buyer’s address:
• Order or invoice number
• Account number to refund the purchase price
• Phone number:
• Buyer’s signature: (only if the form is sent in paper form)
Withdrawal from the purchase contract will be sent by the buyer to the address:
Trafo Gallery, s. r. o., Nad Zemankou 894/3, 147 00 Prague 4
In the event that the buyer withdraws from the contract in accordance with the preceding paragraphs, the seller will return the funds received from the buyer within 14 days of withdrawal from the buyer’s purchase contract. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
The seller returns the entire amount received from the buyer under the contract, including shipping costs when the goods were first delivered to the buyer. The costs associated with returning the goods to the seller are borne by the buyer.
Upon withdrawal from the purchase contract, the seller does not accept goods returned by cash on delivery.
In the case of exercising the right to withdraw from the contract within 14 days of receiving the performance, the buyer must to the seller within 14 days of withdrawal from the contract to issue everything he has obtained on the basis of the purchase contract.
If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the buyer must provide monetary compensation in return for what can no longer be issued. if it is the returned goods are only partially damaged, the seller may claim compensation from the buyer damages and set off your claim against the refunded purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns to the buyer only such a reduced purchase price.
The buyer has no right to withdraw from the contract in accordance with the provisions of § 1837 of the Civil Code in the case of delivery of goods that have been modified according to the wishes of the buyer or for his person.
IX. Final Provisions
Relations between the seller and the buyer are governed by the laws of the Czech Republic. Any disputes will be decided by the competent court. In the event of a complaint, the buyer may contact the supervisory or state supervisory authority.
These business conditions are displayed on the seller’s website and thus their archiving and reproduction by the buyer is enabled.
The wording of the business conditions stated on the seller’s website on the day when the buyer makes the order is binding for both the seller and the buyer.
If the seller and the consumer do not agree on an acceptable compromise in the event of a dispute, the consumer may turn to the Czech Trade Inspection Authority with a proposal to initiate an out-of-court settlement of the dispute. The details of the proposal, a description of the course of the proceedings and other information concerning the out-of-court settlement of the dispute can be found on the website www.coi.cz. Out-of-court settlement of consumer disputes within the EU can be resolved by submitting it on the EU online platform. Supervision over the protection of personal data is performed by the Office for Personal Data Protection (www.uoou.cz).
These general terms and conditions come into force on December 20, 2020.