Terms and conditions

11. 05. 2020

General Terms and Conditions

Terms and Conditions of the Online Store LOCAL ARTISTS SE, Business ID: 03192067, Registered Office: Karlova 21, 110 00 Prague 1

 

1. Preamble

These terms and conditions (hereinafter referred to as the "Terms" or "T&Cs") apply to purchases made on the online store www.localartists.cz/shop operated by LOCAL ARTISTS SE, Business ID: 03192067, Registered Office: Karlova 21, 110 00 Prague 1, registered with the Commercial Register maintained by the Municipal Court in Prague, Section H, File No. 1445. These T&Cs govern the relationship between the Buyer and the Seller in the sale of goods by LOCAL ARTISTS SE, Business ID: 03192067, Registered Office: Karlova 21, 110 00 Prague 1, registered with the Commercial Register maintained by the Municipal Court in Prague, Section H, File No. 1445 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer"). All contractual relationships are concluded in accordance with the legal regulations of the Czech Republic. By placing an order, the Buyer confirms that they have read these terms and conditions, including the complaint procedure, and agree to them. The Buyer is adequately informed about these terms and conditions before placing an order and has the opportunity to familiarize themselves with them. The current version of these terms and conditions is published on the website of the online store www.localartists.cz.

 

2. Definitions

Seller

The Seller is (the company) LOCAL ARTISTS SE, Business ID: 03192067, Registered Office: Karlova 21, 110 00 Prague 1, registered with the Commercial Register maintained by the Municipal Court in Prague, Section H, File No. 1445.

Buyer

The Buyer is a consumer or a entrepreneur. A consumer is a natural person who, when entering into and performing a purchase agreement with the Seller, is not acting within the scope of their trade or other business activity or within the scope of their independent professional activity. The legal relationships of the Seller with the consumer, not expressly regulated by these T&Cs, are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations. An entrepreneur is defined as a person registered in the commercial register (especially business entities), a person conducting business based on a trade license (a self-employed person registered in the trade register), a person conducting business based on a different authorization other than a trade license according to special regulations (including liberal professions such as advocacy, etc.), and a person engaged in agricultural production registered in the registry according to special regulations. An individual agreement between the Seller and the Buyer takes precedence over the terms and conditions.

Consumer Agreement

A consumer agreement means a purchase agreement under the Civil Code, if the contracting parties are a Consumer on one side and the Seller on the other side.

       3. Personal Data Protection

3.1. All processing of the Buyer’s personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter referred to as the “GDPR”), and by Act No. 110/2019 Coll., on the Processing of Personal Data, as amended, as well as other applicable legal regulations in force in the Czech Republic.

3.2. The controller of the Buyer’s personal data is LOCAL ARTISTS SE, Company ID No.: 031 92 067, with its registered office at Karlova 21, Prague 1, 110 00 (hereinafter referred to as the “Seller”).

3.3. The Seller processes the Buyer’s personal data (in particular name, surname, delivery and billing address, e-mail address and telephone number) for the purpose of fulfilling the purchase contract (order processing and delivery of goods) and for compliance with legal obligations (in particular accounting and tax obligations). Processing for these purposes does not require the Buyer’s consent, as it is necessary for the performance of the contract.

3.4. Personal data are stored for the period necessary to exercise the rights and obligations arising from the contractual relationship (generally for 10 years after termination of the contract due to limitation periods and archiving requirements) and further for the period required by the Accounting Act and the VAT Act.

3.5. The Seller is entitled to transfer personal data to third parties (processors) to the necessary extent, such as contracted carriers, payment gateway providers, or an external accounting and payroll service provider. Personal data are not transferred to third countries outside the EU.

3.6. In connection with the processing of personal data, the Buyer has the following rights:

• Right of access: The Buyer has the right to know what personal data the Seller processes about them.
• Right to rectification: The Buyer has the right to request correction of inaccurate or incomplete personal data.
• Right to erasure (“right to be forgotten”): The Buyer may request deletion of personal data if the purpose of processing no longer exists and there is no legal basis for further retention.
• Right to lodge a complaint: The Buyer has the right to file a complaint with the Czech Data Protection Authority (www.uoou.cz) if they believe the processing violates applicable regulations.

3.7. Any requests related to personal data protection may be submitted by the Buyer to the contact person via e-mail at: gdpr@localartists.cz.

3.8. The Seller has adopted and maintains appropriate technical and organizational measures to ensure the protection of the Buyer’s personal data in accordance with Article 32 of the GDPR, taking into account the nature, scope, context and purposes of processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons. These measures are intended in particular to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services.

4. Order and Conclusion of the Agreement

The Buyer is entitled to send an order to the Seller only through the order system of the e-shop. The Purchase Agreement arises by sending an order by the Buyer as a consumer based on the placement of the offer of goods by the Seller on the e-shop's website and the acceptance of the order by the Seller. The Seller will promptly confirm this acceptance to the Buyer by email to the email provided by the Buyer. The concluded Agreement (including the agreed price) can be changed or canceled only by agreement of the parties or based on legal reasons. 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, agrees to conclude a purchase agreement in the language in which they filled out and submitted the relevant order, either in Czech or in English. After the conclusion of the purchase agreement, it is not possible to ascertain whether errors occurred during data processing before submitting the order, or to correct these errors. The final wording of the concluded contract will be confirmed to the Buyer in the form of a confirming message within the email confirmation of the order.

 

5. Price and Payment

The offers and prices stated on the Seller's e-shop are contractual, final, always current, and valid for the duration they are offered in the online store by the Seller. Shipping costs are specified in the "Cart" and "Shipping and Payment" sections and are automatically recalculated based on the weight of the order entered by the Buyer. The Buyer bears the costs of using remote communication means (especially internet connection and telephone). The final calculated price after filling out the order form is already stated, including shipping and any additional fees for payment processing (e.g., cash on delivery), which are also listed in the "Cart" section under "Shipping and Payment." The price of the ordered goods at the conclusion of the Agreement between the Seller and the Buyer is the price listed for the goods at the time of ordering by the Buyer. The tax document based on the purchase agreement between the Seller and the Buyer also serves as a delivery note. The Buyer may take possession of the goods only after full payment, unless otherwise agreed. In the event that the Buyer makes a payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller will promptly refund the Buyer in the agreed manner. The deadline for refunding the expended funds depends on the chosen method of refund but must not exceed 30 days from the moment this impossibility arises. The goods remain the property of the Seller until fully paid. The Seller accepts the following payment options:

Card payment - online purchase

Payment via the PayPal platform

Advance payment by bank transfer

Payment on the spot upon personal pickup

According to the law on recording sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is required to record the received revenue with the tax administrator online, or in case of technical failure, no later than 48 hours.

 

6. Delivery Time and Conditions

The Seller fulfills the delivery of the goods by handing over the goods to the Buyer, thereby transferring the risk of damage to the goods to the Buyer. The availability of the product is always indicated in the details of the product. The delivery time depends on the availability of the product, payment terms, and delivery conditions and is a maximum of 40 days. In normal cases, we dispatch goods within 2 working days of the full payment of the purchase price. The installation of purchased goods is not included in the delivery. Along with the shipment, the Buyer will receive a tax document/invoice. The delivery period starts with goods that will be paid by the Buyer upon receipt, i.e., cash on delivery, running from the day of valid conclusion of the purchase agreement under Article IV of these T&Cs. If the Buyer chose a payment method other than payment upon receipt of the goods, the delivery period starts only after the full payment of the purchase price, i.e., from the crediting of the corresponding amount to the Seller's account. The Seller accepts the following delivery conditions:

Personal pickup

Delivery to a Zásilkovna collection point

Delivery to the address via Zásilkovna

Delivery to the address via DHL (or other international provider based on agreement with the customer)

The current price list for shipping can be found on the website of the online store www.localartists.cz in the "Payment and Shipping Options" section.

 

7. Guarantee and Service

In the sale of goods to consumers, the statutory warranty period is 24 months, except for the sale of food or cosmetics, where the durability or recommended date of use of the goods applies. If the sold item, its packaging, or an instruction attached to it indicates a period for which it is intended in accordance with special legal regulations, the warranty period ends with the expiration of this period. The warranty does not apply to wear and tear caused by normal use of the item. For items sold at a lower price, the warranty does not apply to defects for which the lower price was agreed. If it is a used item, the Seller is not responsible for defects corresponding to the degree of use or wear that the item had at the time of receipt by the Buyer. In accordance with the current legal regulations of the Czech Republic, the Buyer, who is a business entity and purchases goods in connection with business, is not provided with a warranty for goods outside the general liability of the Seller for defects in the goods upon their delivery. To claim a warranty repair, it is necessary to present the purchase document (receipt, invoice, or warranty certificate). In the case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way as to prevent damage during transport. The Seller does not provide post-warranty service to the Buyers.

 

8. Complaints Procedure

In the event of a defect occurring during the warranty period, the Buyer, depending on the nature of the defect, has the following rights when exercising the warranty:

If defective performance is a material breach of the contract, the Buyer has the right:

1. to remedy the defect by delivering a new defect-free item or by delivering the missing item,
2. to remedy the defect by repairing the item,
3. to a reasonable discount on the purchase price, or
4. to withdraw from the contract.

The Buyer will inform the Seller of the chosen right when reporting the defect or without undue delay after reporting the defect. The Buyer cannot change the choice without the Seller's consent, except when the Buyer requested the repair of an irreparable defect. If the Seller does not remedy the defects within a reasonable period or notifies the Buyer that the defects will not be remedied, the Buyer may request a reasonable discount on the purchase price or may withdraw from the contract.

If the Buyer does not choose their right in time (i.e., without undue delay after reporting the defect), they have rights as in the case of an immaterial breach of the contract.

If defective performance is an immaterial breach of the contract, the Buyer has the right to remedy the defect or to a reasonable discount on the purchase price. Until the Buyer asserts the right to a discount on the purchase price or withdraws from the contract, the Seller may supply what is missing or remedy the legal defect. The Seller may remedy other defects at their discretion by repairing the item or delivering a new item; the choice must not cause the Buyer unreasonable costs. If the Seller does not remedy the defect in time or refuses to remedy the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer cannot change the choice without the Seller's consent.

Complaints do not apply to cases where:

the defect or damage arose from demonstrably incorrect use, contrary to the instructions for use or other incorrect actions of the Buyer, demonstrably unauthorized interference with the goods;

defects that occurred due to normal wear and tear of consumer goods within the specified shelf life after its expiration;

defects caused by the influence of natural disasters.

Complaints can be filed via email sent to the address info@localartists.cz or in person at the Seller's warehouse at Prague 6, Národní obrany 16, ZIP code 160 00, during business hours Monday to Friday, from 9:00 to 15:00, by prior phone arrangement. The complaint procedure in case of using communication via email is specified on the website of the online store www.localartists.cz in the "Complaints and Returns" section.

The Seller will process the complaint immediately, in more complex cases within 3 working days, but with the understanding that the specified period does not include a reasonable time required for expert assessment of the defect.

 

9. Withdrawal from the Contract and Product Exchange

Due to the nature of concluding a purchase contract through remote communication, the Buyer, who is a consumer, has the right to withdraw from this contract without any penalty within a period of 14 days from the receipt of the goods or within the specified period to request the Seller for a product exchange. The above does not apply to the Buyer who is a business entity and enters into a purchase contract in connection with their business activities. In the case of withdrawal from the contract as mentioned above, the Seller will transfer the purchase price to the Buyer's bank account, which the Buyer will communicate to the Seller for this purpose. The Seller has the right to withdraw from the contract if the Buyer does not pay the full purchase price within 30 days from the date of concluding the purchase contract.

When withdrawing from the contract, the Buyer follows the procedure for withdrawal from the contract published on the website www.localartists.cz in the "Complaints and Returns" section.

In the case of a request for a product exchange, the Buyer follows the steps published on the website www.localartists.cz in the "Complaints and Returns" section.

The Buyer must send or deliver the withdrawal from the contract or the request for a product exchange to the Seller before the expiration of the relevant 14-day period.

Without undue delay, but no later than within 14 days from the day when the Seller receives the relevant withdrawal from the contract and from the day when the relevant goods are properly returned to the Seller, all payments received by the Seller from the Buyer, including the costs of delivering the goods, will be refunded to the Buyer, except for additional costs arising from the Buyer's chosen method of delivery, which is different from the cheapest standard delivery method offered by the Seller, and is chosen by the Buyer.

The Buyer bears the direct costs associated with returning the goods.

The Buyer is responsible for any reduction in the value of the goods resulting from handling the goods differently than is necessary to handle them with regard to their nature and properties for the purpose of familiarizing themselves with the nature and properties of the goods, including its functionality.

The Buyer is not entitled to withdraw from the contract, especially if they wash the goods, remove tags from the goods, or destroy, devalue, or lose the goods or part of them, or if they unpack food or cosmetics.

 

10. Final Provisions

 

The Buyer will enable the Seller to fulfill their obligations in accordance with the contract, for which the Buyer will provide all necessary cooperation. The Buyer acknowledges that the Seller is entitled to assign their claim from the contract to a third party. The Buyer will promptly inform the Seller of any changes in their identification data, no later than within 5 working days from the date of such change. The parties undertake to make every effort to amicably resolve all disputes arising from the contract and/or the Terms and Conditions (TC).

The mutual contractual relationship of the parties is governed by the legal order of the Czech Republic, especially Act No. 89/2012 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, the Seller and the Buyer, for any disputes, have agreed that, in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, they have chosen the exclusive local jurisdiction of the Prague 1 District Court and the Municipal Court in Prague to adjudicate all future disputes arising from the contract and/or TC and/or in connection with them, according to which of these courts will be materially competent for the given proceedings in accordance with the legal order of the Czech Republic.

 

In the event of a dispute between the Seller and the Buyer, it can also be resolved out of court. In such a case, the Buyer – consumer can contact the Czech Trade Inspection Authority (www.coi.cz) as the relevant institution for out-of-court dispute resolution.

These TC become effective on July 1, 2020, and are also available on the Seller's website www.localartists.cz. The Seller is authorized to change these TC at any time. The TC then lose their validity and effectiveness on the effective date of later TC. The rights and obligations of the Seller and the Buyer from the relevant purchase contract are governed by the TC valid on the day of concluding the relevant purchase contract.