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    Terms and Conditions

    These general terms and conditions (the “Terms”) of ART SCALE KIT DISTRIBUTION s.r.o.

    with its registered office at Na Čekané 791, 460 15 Liberec

    company ID: 07614748

    registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 42544,

    for the sale of goods through an online store located at the internet address www.artscale.cz

    email address info@artscale.cz, telephone number +420 771 202 001, business premises at Vrchlického 1005/57, Liberec (hereinafter referred to as “We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or on the basis of the purchase contract (the “Agreement”) concluded via the e-shop on the website www.artscale.cz.

    All information regarding the processing of your personal data can be found in the Privacy Policy, which is available here.

    The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement these Terms. This does not affect the rights and obligations arising during the period of effectiveness of any previous wording of the Terms.

    As you know, we primarily communicate remotely. Therefore, our Agreement also involves the use of remote communication means, enabling us to agree without simultaneous physical presence, and the Agreement is therefore concluded distantly in the e-shop environment via the interface of the website (the “web interface of the e-shop”).

    Should any provision of these Terms conflict with what we mutually agreed upon during your purchase process in our e-shop, such specific arrangement will prevail over these Terms.

    The buyer may pay the price of the goods and any costs associated with delivering the goods under the purchase contract to the seller in the following ways:

    • in cash on delivery at the place specified by the buyer in the order;
    • cashless by transfer to the seller’s account No. 2101531803 / 2010 maintained with Fio Banka (hereinafter the “seller’s account”);
    • cashless payment by payment card.
    1. SOME DEFINITIONS
      1. Price is the monetary amount you pay for the Goods;
      2. Shipping Price is the monetary amount you pay for delivering the Goods, including the cost of packaging;
      3. Total Price is the sum of the Price and the Shipping Price;
      4. VAT is value added tax under applicable legislation;
      5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
      6. Order is your binding proposal to conclude an Agreement for the purchase of Goods with us;
      7. User Account is an account set up based on the data you provide, enabling data storage and the storage of the history of Goods ordered and Agreements concluded;
      8. You are the person purchasing through our e-shop, referred to by law as the buyer;
      9. Goods means everything you can purchase in the e-shop.
    2. GENERAL PROVISIONS AND INFORMATION
      1. Purchasing Goods is only possible through the web interface of the e-shop.
      2. When purchasing Goods, you must provide us with all required information correctly and truthfully. We will consider the information you provide in your Order to be correct and truthful.
      3. On our e-shop, we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking each review to a specific order, so in our internal system we see a linked order ID. This allows us to verify and prove that the review comes from a genuine consumer.
    3. CONCLUSION OF THE AGREEMENT
      1. The contract with Us can only be concluded in Czech, Slovak, English, German and Polish.
      2. The Agreement is concluded remotely via the e-shop, and you bear the costs of using remote means of communication. However, these costs do not differ from your normal rate for using these means (in particular internet access); we do not charge any additional fees beyond the Total Price. By placing the Order, you agree to the use of remote communication.
      3. To conclude the Agreement, you must create an Order in our e-shop. This proposal must include the following information:
        1. Information about the Goods you wish to purchase (in the e-shop, you add the Goods you are interested in to the cart by clicking “add to cart”);
        2. Information about the Price, Shipping Price, the method of payment for the Total Price, and your chosen method of delivering the Goods. These details are specified while creating the Order in the e-shop interface. Information about the Price, Shipping Price, and Total Price will be shown automatically based on your chosen Goods and your selected delivery and payment method;
        3. Your identification and contact details so that we can deliver the Goods, in particular your name, surname, delivery address, phone number, and email address.
      4. During the creation of the Order, you may edit and check the data until you finalize it. After reviewing, you submit the Order by clicking the “Order with payment obligation” button. Before pressing this button, you must confirm (using a checkbox) that you have read and agree to these Terms; otherwise, it is not possible to complete the Order. Once you press the “Order with payment obligation” button, all the information you have entered will be sent directly to us.
      5. We will confirm your Order as soon as possible after it is delivered to us by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment. The version of these Terms valid on the date of the Order (attached to the confirmation email) forms an integral part of the Agreement. By confirming the Order, the Agreement between us and you is concluded.
      6. There may be cases where we cannot confirm your Order, particularly if the Goods are not available or if you order more pieces than we permit. (We will always inform you in the e-shop about any maximum quantity in advance, so it should not come as a surprise.) If there is any reason we cannot confirm your Order, we will contact you and send you a revised offer to conclude the Agreement. In such a case, the Agreement is concluded when you confirm our revised offer.
      7. If an obviously incorrect Price is shown in the e-shop or in your Order, we are not obliged to deliver the Goods to you at that Price, even if you received an Order confirmation and thus the Agreement has already been concluded. In such a situation, we will contact you without undue delay and send you a revised offer to conclude a new Agreement. The new Agreement is concluded when you confirm our revised offer. An obvious pricing error might occur if the Price deviates significantly from the usual price with other sellers or if a digit is missing or extra.
      8. Once the Agreement is concluded, you become obliged to pay the Total Price.
      9. If you have created a User Account, you may place an Order through it. Even then, however, you are obliged to check the accuracy, truthfulness, and completeness of any pre-filled information. The process of creating the Order is the same as if you had no User Account, but you benefit by not having to re-enter your identification details.
      10. In some cases, we allow the use of a discount for purchasing the Goods. To claim the discount, you must enter the discount information in the designated field while creating the Order. If you do so, the Goods will be provided at the discounted price.
    4. USER ACCOUNT
      1. Based on your registration in the e-shop, you can access your User Account.
      2. When registering a User Account, you must provide all information correctly and truthfully, and update it whenever it changes.
      3. Access to the User Account is secured by a username and password. You must keep this information confidential and not share it with anyone. We are not responsible for misuse of these credentials.
      4. The User Account is personal, and you are not allowed to enable third parties to use it.
      5. We may cancel your User Account in particular if you have not used it for more than one year or if you breach your obligations under the Agreement.
      6. The User Account may not be available at all times, especially due to required maintenance of hardware and software.
    5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
      1. The Price is always indicated in the e-shop, in the Order proposal, and of course in the Agreement. If there is a discrepancy between the Price stated for the Goods in the e-shop and the Price stated in the Order proposal, the Price in the Order proposal takes precedence and will be identical to the Price in the Agreement. The Order proposal also states the Shipping Price, or under what conditions shipping is free.
      2. The Total Price is shown including VAT and all other fees set by law.
      3. We will require payment of the Total Price from you after the Agreement is concluded but before delivering the Goods. You may pay the Total Price by:
        1. Bank transfer. We will provide our bank account details in the Order confirmation. If paying by bank transfer, the Total Price is due within 14 days.
        2. Online by payment card. Payment is made via the GP Webpay payment gateway and is subject to the terms of that gateway available at globalpayments.cz. If paying by card online, the Total Price is due immediately.
        3. Cash on delivery. Payment is made upon delivery of the Goods. If paying by cash on delivery, the Total Price is payable upon receipt of the Goods.
        4. Cash upon personal collection. You may pay cash if you collect the Goods personally at our business premises. If paying in cash upon personal collection, the Total Price is due when you pick up the Goods.
      4. We will issue an Invoice in electronic form after the Total Price has been paid, and send it to your email address. It will also be physically attached to the Goods and available in the User Account.
      5. Ownership of the Goods passes to you only after you have paid the Total Price and taken possession of the Goods. If paying by bank transfer, the Total Price is paid once credited to our account; in other cases, it is paid at the time the payment is made.
    6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

      We will deliver the Goods to you no later than 30 days from the conclusion of the Agreement, in the manner of your choice from the following options:

      1. Personal pickup at our business premises (as listed);
      2. Personal pickup at pickup points of Balíkovna, PPL, or Zásilkovna;
      3. Delivery via shipping companies: Česká pošta, GLS, or Zásilkovna.

      Items can be delivered to all countries currently offered on the e-shop.

      1. The delivery time depends on the availability of the Goods and on the delivery and payment methods you choose. We will inform you of the expected delivery time in our Order confirmation. Any delivery times stated in these Terms are indicative and may differ from the actual delivery time. In the event of personal pickup at our business premises, we will notify you by email as soon as the Goods are ready for pickup.
      2. Upon taking delivery of the Goods from the carrier, you must check the integrity of the Goods’ packaging; if there are any defects, you must notify the carrier and us immediately. If the packaging is visibly damaged, suggesting unauthorized handling or tampering, you do not have to accept the Goods from the carrier.
      3. If you fail to collect the Goods, except as provided in Article 4 of these Terms, it does not constitute a breach of our obligation to deliver the Goods, nor is it considered a withdrawal from the Agreement. However, in such a case, we are entitled to withdraw from the Agreement due to your material breach, or we may store the Goods at your expense. If we decide to withdraw from the Agreement, such withdrawal is effective on the date we notify you. Withdrawal does not affect our right to claim reimbursement of the Shipping Price or damages if any were incurred.
      4. If the Goods need to be delivered repeatedly or in a different way than initially agreed in the Agreement due to reasons on your part, you must cover any costs associated with repeated delivery. We will send you the payment details for these costs to the email address you provided in the Agreement, and such payment is due 14 days from the delivery of our email.
      5. The risk of damage to the Goods passes to you at the moment you take possession of them. If you fail to collect the Goods (except as provided in Article 4), the risk of damage passes to you at the moment you had the opportunity to collect the Goods but did not do so for reasons on your part. From that moment on, you bear all consequences related to any loss, destruction, damage, or other devaluation of the Goods.
      6. If the Goods were not indicated as in stock in the e-shop and only an approximate availability time was shown, we will notify you in case of:
        1. an extraordinary production outage of the Goods, and inform you of the new expected availability time or that it is impossible to deliver the Goods;
        2. a delay in delivery of the Goods by our supplier, and inform you of the new expected delivery time.
    7. RIGHTS FROM DEFECTIVE PERFORMANCE
      1. We guarantee that at the moment the risk of damage to the Goods passes to you according to Article 7 of these Terms, the Goods are free from defects, in particular that the Goods:
        1. correspond to the agreed description, type, and quantity, and also to the agreed quality, functionality, compatibility, interoperability, and other agreed features;
        2. are suitable for the purpose for which you require them and to which we have agreed;
        3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
        4. are suitable for the purpose for which goods of the same type are normally used;
        5. in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same type that you can reasonably expect, also with regard to any public statements made by us or by another person in the same contractual chain, particularly in advertising or labeling;
        6. are delivered with accessories, including packaging, assembly instructions, and other instructions for use, which you can reasonably expect; and
        7. match the quality or design of any sample or model that was provided to you before the conclusion of the Agreement.
      2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code, and Act No. 634/1992 Coll., on consumer protection, as amended).
      3. If the Goods are defective, meaning that they do not meet any of the conditions under Article 1 above, you may notify us of such defect and exercise your rights from defective performance (i.e., file a complaint about the Goods) by emailing or writing to our contact addresses, or in person at Vrchlického 1005/57, Liberec 14. You can also use the form available on the Complaints Procedure (“Complaints Procedure”) webpage. When exercising your rights from defective performance, you must specify how you wish the defect to be resolved, and you cannot subsequently change this choice without our consent. We will handle the complaint in accordance with your chosen right under defective performance.
      4. If the Goods have a defect, you have the following rights:
        – to remove the defect by delivering new Goods without defect, or by delivering the missing part of the Goods;
        – or to remove the defect by repairing the Goods;

        unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other method, which will be assessed especially in view of the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.
      5. We have the right to refuse to remove the defect if it is impossible or unreasonably expensive, especially in view of the significance of the defect and the value the Goods would have without the defect.
      6. You also have the right to:
        – a reasonable discount from the Price; or
        – withdraw from the Agreement,

        if:
        1. we refuse to remove the defect or fail to remove it in compliance with legal regulations;
        2. the defect recurs;
        3. the defect constitutes a fundamental breach of the Agreement; or
        4. it is evident from our statement or from the circumstances that the defect will not be removed within a reasonable time or without substantial inconvenience to you.
      7. The right to withdraw from the Agreement does not apply if the defect in the Goods is insignificant.
        If you caused the defect in the Goods yourself, you are not entitled to any rights from defective performance.
        Wear and tear of the Goods caused by its normal use, or in the case of used Goods wear and tear corresponding to the extent of its previous use, is not considered a defect in the Goods.
        When you file a complaint, we will issue a written confirmation indicating:
        1. the date when you filed the complaint;
        2. the content of the complaint;
        3. the manner of handling the complaint you requested;
        4. your contact details for providing information about the handling of your complaint.
      8. Unless we agree on a longer period, we will remove any defects and provide you with information on handling your complaint within 30 days of receiving it, at the contact details you provided. If this period expires without resolution, you may withdraw from the Agreement or demand a reasonable discount.
      9. We will inform you by email about how we resolved your complaint, and we will issue a confirmation of the date and manner of resolution. If the complaint is legitimate, you are entitled to compensation for any reasonably incurred expenses, which you must prove (for example, by receipts for shipping costs). If we remove the defect by delivering new Goods, you must return the original Goods to us, with the shipping costs for this return covered by us.
      10. If you are a business person (entrepreneur), you must notify us of any defect and raise a complaint without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
      11. If you are a consumer, you are entitled to exercise rights from defective performance for any defect that appears in consumer Goods within 24 months from receipt of the Goods.
    8. WITHDRAWAL FROM THE AGREEMENT
      1. Withdrawal from the Agreement, i.e., terminating the contractual relationship between us and you from the outset, may occur for reasons and in ways stated in this Article, or in other provisions of these Terms that explicitly allow such withdrawal.
      2. If you are a consumer (i.e., purchasing the Goods outside your business activities), under Section 1829 of the Civil Code you have the right to withdraw from the Agreement without giving any reason within 14 days from its conclusion or, if it involves the purchase of goods, then within 14 days from receipt of the Goods. If we concluded an Agreement involving multiple items of Goods or multiple parts of Goods, this period begins only upon delivery of the last piece or part of the Goods; and if we concluded an Agreement whereby we deliver Goods regularly and repeatedly, the period begins upon delivery of the first Goods.
      3. You may withdraw from the Agreement in any provable manner (especially by email or letter to our addresses indicated in our identification details). You may also use the form available on the Complaints Procedure webpage.
      4. However, even as a consumer, you may not withdraw from the Agreement in cases specified in Section 1837 of the Civil Code.
      5. The withdrawal period under Article (2) is considered to be observed if you send us a notice of withdrawal during that period.
      6. In the event of withdrawal from the Agreement as per Article (2), you must return the Goods to us within 14 days of the withdrawal, bearing the direct costs of returning the Goods to us. Conversely, you are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest shipping method we offered for delivering the Goods. If you withdraw because we breached the concluded Agreement, we will also cover the costs of returning the Goods to us, again up to the amount corresponding to the cheapest shipping method we offered.
      7. If you withdraw from the Agreement, we will refund you the Price within 14 days from the date on which the withdrawal takes effect, to the account from which we received the payment or to another account you specify in the withdrawal notice. However, the amount will not be refunded before you return the Goods to us or prove that you have shipped them back. Please return the Goods in a clean condition and, if possible, in the original packaging.
      8. If you withdraw from the Agreement under Article (2), you are responsible for any reduction in the value of the Goods caused by handling them in a manner that is not necessary to familiarize yourself with their nature, characteristics, and functionality (i.e., in a way that goes beyond the sort of handling you might do in a physical shop). If we have not yet refunded you the Price, we are entitled to set off our claim for compensation for the diminished value of the Goods against your claim for a refund of the Price.
      9. We may withdraw from the Agreement at any time before delivering the Goods if there are objective reasons why it is not possible to deliver them (particularly reasons on the part of third parties or reasons related to the nature of the Goods), even before the time limit set out in Article (1). We may also withdraw if it is evident that you have deliberately provided incorrect information in your Order. If you purchase the Goods as part of your business activities (i.e., as an entrepreneur), we may withdraw from the Agreement at any time without stating a reason.
      10. If a gift is provided to the buyer together with the Goods, the gift contract between the seller and the buyer is concluded with a condition subsequent such that if the buyer withdraws from the purchase contract, the gift contract loses its effect and the buyer must return any gifts provided along with the Goods.
    9. DISPUTE RESOLUTION WITH CONSUMERS
      1. We are not bound by any codes of conduct in relation to buyers, within the meaning of Section 1826(1)(e) of the Civil Code.
      2. We handle consumer complaints via the email address info@artscale.eu. We will send any information regarding your complaint to your email address.
      3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 796/44, 110 00 Prague 1, company ID: 000 20 869, website: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes from the Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and a consumer buyer arising from a purchase contract concluded by electronic means.
      4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://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, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
    10. FINAL PROVISIONS
      1. If our legal relationship with you involves an international element (e.g., if we ship the Goods outside the Czech Republic), it shall always be governed by the laws of the Czech Republic. If you are a consumer, this choice of law does not deprive you of the protection afforded by provisions of the law that cannot be derogated from by agreement.
      2. All written correspondence between us and you is delivered by electronic mail. Our email address is provided in our identification details. We will deliver correspondence to your email address specified in the Agreement, in your User Account, or the address through which you contacted us.
      3. The Agreement may be amended only by a written agreement between us. However, we are entitled to amend or supplement these Terms. Such amendments will not affect Agreements already concluded, but only those concluded afterward. Nevertheless, we will inform you of any changes if you have a User Account (so that you are aware if you place a new Order) or if we are bound to supply Goods to you regularly and repeatedly under an existing Agreement. We will send notice of the change to your email address at least 14 days before the effective date of the change. If we do not receive your notice of termination of the existing Agreement for the regular and repeated supply of Goods within 14 days of sending the information about the change, the new terms become part of our Agreement and apply to the next delivery of Goods following the effective date of the change. The notice period, if you do terminate, is two months.
      4. In the event of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for damages caused as a result or in connection with such events, and if the force majeure lasts for more than 10 days, both we and you are entitled to withdraw from the Agreement.
      5. The sample complaint form and sample withdrawal form are annexed to these Terms.
      6. The Agreement, including these Terms, is stored by us in electronic form, but it is not accessible to you. However, you will always receive these Terms and the Order confirmation (with a summary of your Order) by email, so you will always have access to the Agreement even without our cooperation. We recommend saving the Order confirmation and these Terms.

    These Terms come into effect on January 29, 2025.