TERMS AND CONDITIONS

TERMS AND CONDITIONS
of the company Shardart s.r.o.
registered office: Sadová 744, Nový Bor, 473 01
Company ID: 17376378
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 370822
for the sale of goods through the online store located at www.shard-art.com

1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company Shardart s.r.o., with its registered office at Sadová 744, Nový Bor, 473 01, Company ID: 17376378, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 370822 (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 on the basis of 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. The online store is operated by the Seller on a website located at www.shard-art.com (hereinafter referred to as the "Website") via the website interface (hereinafter referred to as the "Web Interface of the Store").

1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or within the scope of their independent profession when ordering goods.

1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Any such deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

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

2. User Account
2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From the user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer may also place orders for goods without registration directly via the Web Interface of the Store.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer must update the data in the User Account whenever any changes occur. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than [time period], or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third-party hardware and software.

3. Conclusion of the Purchase Agreement
3.1. All presentation of goods within the Web Interface of the Store is for informational purposes only, and the Seller is not obliged to conclude a purchase agreement regarding such goods. The provision of Section 1732(2) of the Civil Code does not apply.

3.2. The Web Interface of the Store contains information about the goods, including the prices of individual items and the costs associated with returning the goods if such goods, by their nature, cannot be returned by regular postal service. The prices of the goods are listed including value-added tax and all related charges. The prices remain valid as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller's ability to conclude a purchase agreement under individually negotiated terms.

3.3. The Web Interface of the Store also includes information about the costs associated with packaging and delivery of goods. These delivery and packaging costs apply only when the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form available in the Web Interface of the Store. The order form contains in particular:

3.4.1. information about the goods being ordered (the Buyer adds the goods to a virtual shopping cart in the Web Interface of the Store),

3.4.2. the method of payment for the purchase price of the goods, the desired method of delivery, and

3.4.3. information about the costs associated with the delivery of the goods (collectively referred to as the "Order").

3.5. Before submitting the Order to the Seller, the Buyer has the opportunity to review and modify the data entered in the Order, including the ability to detect and correct input errors. The Buyer submits the Order to the Seller by clicking the "Complete Order" button. The data stated in the Order is considered accurate by the Seller. Upon receipt of the Order, the Seller will confirm this receipt to the Buyer without undue delay by email to the Buyer's email address specified in the User Account or the Order (hereinafter referred to as the "Buyer's Email Address").

3.6. The Seller is always entitled to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone), depending on the nature of the Order (quantity of goods, total purchase price, estimated delivery costs, etc.).

3.7. The contractual relationship between the Seller and the Buyer is established upon the delivery of the Order acceptance (confirmation), which the Seller sends to the Buyer by email to the Buyer's Email Address.

3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Agreement (costs of internet connection, phone calls, etc.) shall be borne by the Buyer and shall not differ from the basic rate.

4. Price of Goods and Payment Terms
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Agreement to the Seller using the following methods:

• in cash on delivery at the place specified by the Buyer in the Order;

• by bank transfer to the Seller's account no. 2702274224/2010, held at FIO banka (hereinafter referred to as the "Seller's Account");

• by non-cash payment via the Stripe payment system;

• by non-cash payment using a payment card.

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods as agreed. Unless explicitly stated otherwise, the term "purchase price" also includes the delivery costs.

4.3. The Seller does not require any deposit or similar advance payment from the Buyer. This does not affect Article 4.6 regarding the obligation to pay the purchase price in advance.

4.4. In case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of a non-cash payment, the purchase price is due within 14 days of the conclusion of the Purchase Agreement.

4.5. In the case of a non-cash payment, the Buyer must indicate the payment reference number (variable symbol). The Buyer's obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller's Account.

4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before dispatching the goods. The provision of Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the goods' price granted by the Seller cannot be combined.

4.8. If customary in business or required by law, the Seller will issue a tax document – invoice – for the payments made under the Purchase Agreement. The Seller is not a VAT payer. The tax document – invoice will be issued after payment of the price and sent to the Buyer electronically.

4.9. In accordance with the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also required to register the received revenue with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

5. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of goods that were modified according to the Buyer's wishes or for their person, perishable goods, goods that have been irreversibly mixed with other goods after delivery, sealed goods that were unsealed and cannot be returned for hygienic reasons, or audio/video recordings or computer programs whose original packaging was breached.

5.2. If it is not a case mentioned in Article 5.1 or another case where withdrawal is not possible, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code within fourteen (14) days of receiving the goods. If the Purchase Agreement covers multiple types of goods or multiple deliveries, the period begins upon receipt of the last delivery. The withdrawal must be sent to the Seller within this period. The Buyer may use the sample withdrawal form provided by the Seller as an appendix to these Terms. The withdrawal may be sent, among other means, to the Seller's business address or to the email address: finance@shard-art.com.

5.3. In the case of withdrawal pursuant to Article 5.2, the Purchase Agreement is void from the beginning. The Buyer must return the goods to the Seller within fourteen (14) days from the notice of withdrawal. The Buyer bears the costs of returning the goods, even if the goods cannot be returned by regular postal means due to their nature.

5.4. If the Buyer withdraws from the Purchase Agreement under Article 5.2, the Seller will return all payments received from the Buyer within fourteen (14) days of the withdrawal, using the same method as the original payment. The Seller may also return the funds when the goods are returned, or by another method if the Buyer agrees and incurs no additional costs. The Seller is not obliged to return the payment until the goods are received back or the Buyer proves they have been sent.

5.5. The Seller is entitled to unilaterally set off any claim for compensation for damage caused to the goods against the Buyer's claim for a refund.

5.6. In cases where the Buyer has the right to withdraw under Section 1829(1) of the Civil Code, the Seller also has the right to withdraw from the Purchase Agreement at any time before the Buyer receives the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via bank transfer to the account designated by the Buyer.

5.7. If a gift is provided with the goods, the gift agreement between the Seller and the Buyer is concluded with a cancellation condition. If the Buyer withdraws from the Purchase Agreement, the gift agreement becomes void and the Buyer is obliged to return the gift along with the goods.

6. Transportation and Delivery of Goods
6.1. If the method of transport is agreed upon based on a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.

6.2. If, under the Purchase Agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a method other than that specified in the Order, the Buyer shall bear the costs associated with repeated delivery or with the alternative method of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the case of any defects, notify the carrier immediately. If the packaging is found to be damaged in a way that indicates unauthorized tampering with the shipment, the Buyer is not obliged to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties in relation to the transport of goods may be regulated by the Seller's special delivery terms, if issued.

7. Rights Arising from Defective Performance
7.1. The rights and obligations of the parties with respect to defective performance are governed by the applicable binding legal regulations (especially Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller guarantees to the Buyer that at the time the Buyer receives the goods:

7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such an agreement, have the properties described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising conducted by them;

7.2.2. the goods are suitable for the purpose stated by the Seller or for the usual purpose for which goods of this kind are used;

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;

7.2.4. the goods are in the correct quantity, measurement, or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions of Article 7.2 do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by normal use, for used goods where the defect corresponds to the level of use or wear present at the time of receipt by the Buyer, or where it follows from the nature of the goods.

7.4. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer shall exercise rights arising from defective performance at the Seller's place of business where the complaint can be accepted with respect to the range of goods sold, or possibly at the Seller's registered office or place of business.

7.6. Further rights and obligations of the parties related to the Seller's liability for defects may be specified in the Seller's complaints policy.

8. Other Rights and Obligations of the Contracting Parties
8.1. The Buyer acquires ownership of the goods upon full payment of the purchase price.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the email address: finance@shard-art.com. The Seller will inform the Buyer about the outcome of the complaint via the Buyer's email address.

8.4. For out-of-court settlement of consumer disputes arising from the Purchase Agreement, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may also be used for dispute resolution between the Seller and the Buyer.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

8.6. The Seller is authorized to sell goods based on a trade license. Trade licensing inspections are carried out by the competent trade office. Supervision of the personal data protection field is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal Data Protection
9.1. The Seller fulfills its information obligation towards the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR), related to the processing of the Buyer's personal data for the purpose of fulfilling the Purchase Agreement, negotiating such agreement, and fulfilling the Seller's public law obligations, through a separate document.

10. Sending Commercial Communications and Storing Cookies
10.1. The Buyer agrees to the sending of information related to the Seller's goods, services, or business to the Buyer's email address and further agrees to the sending of commercial communications by the Seller to the Buyer's email address. The Seller fulfills its information obligation toward the Buyer under Article 13 of the GDPR regarding the processing of personal data for the purpose of sending commercial communications through a separate document.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If purchasing on the Website and fulfilling the Seller's obligations under the Purchase Agreement is possible without storing cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

11. Delivery
11.1. Communications may be delivered to the Buyer at the Buyer's email address.

12. Final Provisions
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that such relationship shall be governed by Czech law.

12.2. The choice of law under Article 12.1 of these Terms and Conditions does not deprive the consumer of the protection afforded by provisions of the legal order which cannot be derogated from by agreement and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a valid provision whose meaning is as close as possible to the original intent. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5. An annex to the Terms and Conditions is the sample withdrawal form from the Purchase Agreement.

12.6. Seller's contact details:
Delivery address: Sadová 744, Nový Bor, 473 01
Email: finance@shard-art.com
Phone: +420 774 832 426

In Prague on 21 August 2022