1. These General Terms and Conditions (further only “Terms and Conditions”) have been published in accordance to Sec. 1751 et seq. of Act no. 89/2012, the Civil Code (further only “Civil Code”)
Company ID: 61537390
Tax ID: CZ61537390
registered address: Pelechov 56, 468 22 Železný Brod
registered with the Regional Court in Ústí nad Labem, section C, file 7670
contact: Martina Kulhavá
telephone: +420 736 521 859
web: zdenek-lhotsky.com, lhotsky.cz
(further only “Seller”)
2. These Terms and Conditions regulate the mutual rights and obligations between the Seller and physical persons who enter into a sales contract as part of their business activities or as a consumer outside their trade, business, or profession (further only “Buyer”) via the online interface located at the website accessed via the internet address zdenek-lhotsky.com (further only “Online Store”).
3. The provisions of these Terms and Conditions form an integral part of the sales contract. Any divergent provisions in the sales contract take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the sales contract are concluded in the Czech and English languages.
Information on goods and prices
1. The Online Store offers interested parties the chance to purchase glass artworks (further only “Goods”) produced by the Lhotský s.r.o. company’s studio of cast glass sculpture in Železný Brod-Pelechov, Czech Republic. Each of the offered artworks is an original work of art or a work produced in a limited series. Along with each purchased work, the Buyer receives a certificate of originality signed by the work’s author.
2. For each individual item, the Online Store’s catalogue provides information on the item, including the price of each individual item and its main characteristics. The indicated prices of the goods include value added tax. The prices remain valid for the entire time they are displayed in the Online Store. This provision does not preclude the possibility of negotiating a sales contract under individually negotiated conditions.
3. All presentations of the goods contained in the Online Store’s catalogue are informational in character, and the Seller is not obligated to enter into a sales contract regarding these goods.
4. The Online Store publishes information on the costs associated with the goods’ packaging and shipping. The information contained in the Online Store regarding the costs associated with packaging and shipping is valid only for goods shipped within the Czech Republic.
5. Unless the Buyer and the Seller agree otherwise, discounts on a product’s purchase price cannot be combined with one another.
Ordering. Sales contract
1. The costs incurred by the Buyer through the use of long-distance means of communication associated with the conclusion of a sales contract (internet connection, telephone conversations) are payed by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer orders goods in the following ways:
● through his/her customer account if registered in the Online Store, or
● by filling out an order form without registering.
3. When placing an order, the Buyer chooses which goods to order, the number of items, and the manner of payment and shipping.
4. Prior to sending the order, the Buyer is given a chance to check and change the information s/he has entered into the order. The Buyer sends the order to the Seller by clicking on the button marked “Order.” The Seller considers the information in the order to be correct. One condition for the order’s validity is to fill in all the required information from the order form and for the Buyer to confirm that s/he has familiarized him/herself with these Terms and Conditions.
5. Immediately upon receiving the order, the Seller sends the Buyer confirmation of having received the order to the email address entered by the Buyer when placing the order. With this confirmation, the contract is considered to have been properly concluded. The sales contract is concluded by the Seller’s sending of the order confirmation to the Seller’s email address.
6. If the Seller is unable to fulfil any of the requests contained in the order, it sends an amended offer to the Buyer’s email address. The amended offer is considered a newly proposed sales contract, and this sales contract is concluded upon the Buyer’s confirmation of receipt of this offer, sent to the Seller’s email address contained in these Terms and Conditions.
7. All orders received by the Seller are binding. The Buyer may cancel an order so long as the Buyer has not received confirmation that the Seller has received the order. The Buyer may cancel an order via the Seller’s telephone number or email address contained in these Terms and Conditions.
8. In case of a clear technical error on the part of the Seller in giving the price of an item in the Online Store or during the ordering process, the Seller is not obligated to deliver the item to the Buyer for this clearly erroneous price even if the Buyer was sent automatic confirmation regarding the order’s receipt in line with these Terms and Conditions. The Seller informs the Buyer of such mistake without undue delay and sends an amended offer to the Buyer’s email address. The amended offer is considered a newly proposed sales contract, and this sales contract is concluded upon the Buyer’s confirmation of receipt of this offer, sent to the Seller’s email address.
1. If the Buyer has performed a registration with the Online Store, the Buyer can access his/her customer account, from which the Buyer may order goods. Buyers may also purchase goods without registration.
2. When registering a customer account and ordering goods, the Buyer is obligated to enter all information correctly and truthfully. Buyers are obligated to update the information contained in the user account in case of any change in this information. The Seller considers the information given by the Buyer in the customer account and when ordering goods to be correct.
3. Access to the customer account is secured by a user name and password. The Buyer is obligated to maintain confidentiality regarding information necessary for accessing his/her customer account. The Buyer is not liable for any misuse of the customer account by third parties.
4. The Buyer is not entitled to enable use of his/her customer account by third parties.
5. The Seller may cancel a user account, in particular if the Buyer does not use his/her user account for a longer period of time of if the Buyer violates his/her obligations arising from the sales contract or from these Terms and Conditions.
6. The Buyer is aware that the user account cannot be accessible without interruption, in particular with a view to necessary maintenance of the Seller’s hardware and software or the necessary maintenance of third-party hardware and software.
Payment conditions and delivery of goods
1. The Buyer may pay the price of goods and any costs associated with shipping the goods in line with the sales agreement in the following ways:
● via cash-free bank transfer to the Seller’s bank account at Česká spořitelna, 1089677329/0800, or
● in cash if picking up the goods in person at the Seller’s location.
2. Along with the purchase price, the Buyer is also obligated to reimburse the Seller for costs associated with the goods’ packaging and shipping at the contractually agreed price. Unless expressly indicated otherwise, “purchase price” shall henceforth be understood to include costs associated with the delivery of the goods.
3. If payment is made in cash, the purchase price is payable upon receipt of the goods. If making cash-free payment, the purchase price is payable within 10 days of conclusion of the sales contract.
4. If making cash-free payment, the Buyer’s obligation to pay the purchase price is fulfilled the moment the relevant amount is registered on the Seller’s bank account on the basis of a proforma invoice prior to the sending or handing over of the goods on the part of the Seller. The goods will be expedited within 3 days of payment of the purchase price.
5. Goods are delivered to the Buyer:
● at the address given by the Buyer in the order, or
● by personal pick-up at the Seller’s location.
6. The choice of shipping method is made when ordering the goods.
7. For each manner of sending and picking up the goods, the costs for shipping the goods are indicated in the Buyer’s order and the Seller’s order confirmation.
If the shipping method has been agreed upon on the basis of a special request from the Buyer, the Buyer bears all risks and additional costs associated with this shipping method.
8. If the sales contract requires the Seller to deliver the goods to a place determined by the Buyer in the order, the Buyer is obligated to receive the goods during delivery. If reasons on the part of the Buyer necessitate the repeated delivery of the goods or their delivery in a manner other than indicated in the order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods or with the different shipping method.
9. When receiving the goods from the shipping company, the Buyer is obligated to check that the packaging is in order and to immediately inform the shipping company of any defects. If any damage is found to the packaging indicating unauthorized opening of the package, the Buyer is not obligated to receive the package from the shipping company.
10. The Seller shall issue the Buyer a tax document (invoice). This tax document is sent to the Buyer’s email address.
11. The Buyer acquires ownership rights to the goods upon payment of the entire purchase price for the goods including shipping costs, but no earlier than receipt of the goods.
12. Liability for accidental damage to or destruction or loss of the goods is transferred onto the Buyer at the time of the goods’ receipt or the moment when the Buyer fails to receive the goods despite being obligated to do so, thus violating the sales contract.
Withdrawing from the contract
1. Buyers who enter into a sales contract as a consumer outside their trade, business, or profession have the right to withdraw from the sales contract.
2. The deadline for withdrawing from the contract is 14 days
● from the day of receipt of the goods,
● from the day of receipt of the last shipment of goods, if the subject of the contract is several kinds of goods or the shipment is in several parts, or
● from the day of receipt of the first shipment of goods, if the subject of the contract is the regular shipment of goods.
3. The Buyer may, among other things, not withdraw from a sales contract
● for the shipment of goods that was amended on the basis of a request from the Buyer or for his/her person,
● in other cases listed in Sec. 1837 of the Civil Code.
4. In order to meet the deadline for withdrawing from the contact, the Buyer must send the Seller a withdrawal announcement within the deadline for withdrawing from the contract.
5. The Buyer may use the template form for withdrawing from the contract provided by the Seller. The Buyer sends the announcement of withdrawing from the sales contract to the Seller’s email or mailing address indicated in these Terms and Conditions. The Seller confirms receipt of the form to the Buyer without undue delay.
6. A Buyer who withdraws from the contract is obligated to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer shall bear all
the costs associated with returning the goods to the Seller, even if the nature of the goods prevents their return via usual postal means.
7. If the Buyer withdraws from the contract, the Seller shall return – without undue delay but no later than within 14 days of the Buyer’s withdrawal from the Contract – all monetary resources including shipping costs that it has received from the Buyer, and shall do so in the same manner. The Seller returns the received monetary resources to the Buyer in a different manner only if the Buyer agrees and does not incur additional costs as a result.
8. If the Buyer chose a shipping method other than the cheapest method offered by the Seller, the Seller shall return to the Buyer the costs associated with shipping the goods in an amount corresponding to the cheapest method offered for the goods’ shipment.
9. If the Buyer withdraws from the sales contract, the Seller is not obligated to return the monetary resources received from the Buyer before the Buyer hands over the goods to the Seller or proves that the goods have been sent to the Seller.
10. The Buyer must return the goods to the Seller free of damage, without wear and tear, clean, and – if possible – in the original packaging. The Seller is entitled to unilaterally deduct claims for compensation for damage to the goods from the Buyer’s claim for the amount of the purchase price to be returned.
11. The Seller is entitled to withdraw from the sales contract if the goods are sold out or not available. The Seller immediately informs the Buyer at the email address indicated in the order and, within a deadline of 14 days of announcing its withdrawal from the sales contract, returns all monetary resources including shipping costs that it has received on the basis of the contract. This shall be done in the same manner as their receipt, or in a manner determined by the Buyer.
Rights in case of defective performance
1. The Seller guarantees to the Buyer that the goods have no defects upon receipt. In particular, the Seller guarantees to the Buyer that, at the time of receipt,
● the goods will have the characteristics agreed upon by the parties, and in the absence of an agreement, that they will have the characteristics described by the Seller or the producer or that the Buyer anticipated with a view to the nature of the goods and the advertising performed by them,
● the goods will be suited for the purpose that the Seller advertises or for which goods of this type are usually used,
● if the quality or workmanship was determined on the basis of an agreed-upon sample or model, the goods will correspond in terms of quality or workmanship to the agreed-upon sample or model,
● the goods will be in the corresponding amount, volume, or mass, and
● the goods meet the requirements of legal regulations.
2. The provisions listed in the previous paragraph of the Terms and Conditions do not apply in the following cases: for goods sold at a lower price, in case of a defect for which the lower price was agreed or in case of wear caused to the goods by normal use; for used goods, in case of defects corresponding to the level of use or wear that the goods had during receipt by the Buyer; or if it so
follows from the nature of the goods. The Buyer may not claim any rights from defective performance if s/he knew prior to receipt of the goods that the goods were damaged or if the Buyer caused the damage him/herself.
3. In the case of defect, the Buyer may file a complaint with the Seller and request
● an exchange for new goods,
● the goods’ repair,
● a commensurate discount on the purchase price, or
● withdrawal from the contract.
4. The Buyer has the right to withdraw from the contract,
● in case of a significant defect in the goods,
● if the item cannot be properly used due to the repeated incidence of the defect or defects after repair, or
● in case of a larger number of defects in the goods.
5. A fundamental breach of contract is the kind that the party in the wrong knew about or must have known about during the contract’s conclusion and that would have caused the other party not to enter into the contract had it foreseen this breach.
6. For defects that represent a minor (non-fundamental) breach of contract (regardless of whether the defect can be remedied or not), the Buyer may demand that the defect be remedied or demand a commensurate discount on the purchase price.
7. If a remediable defect appears repeatedly after repairs (usually the third complaint for the same defect or the fourth complaint for different defects) or if the goods have a larger number of defects (as a rule, at least three simultaneous defects), the Buyer has the right to request a discount on the purchase price, to ask for the goods’ exchange, or to withdraw from the contract.
8. When filing a complaint, the Buyer is obligated to inform the Seller of what right s/he has chosen to enforce. A change in choice without the Seller’s consent is possible only if the Buyer has requested the repair of a defect that proves to be irremediable. If the Buyer does not choose his/her right ensuing from a fundamental breach of contract in time, s/he has the same rights as for a non-fundamental breach of contract.
9. If the goods cannot be repaired or replaced, the Buyer may request that the full purchase price be returned on the basis of a withdrawal from the contract.
10. If the Seller can prove that the Buyer knew about the defect in the goods prior to receipt or that the Buyer caused it him/herself, the Seller is not obligated to comply with the Buyer’s claim.
11. The Buyer may not claim a discount on the goods for a reason for which the goods were discounted.
12. The Seller is obligated to accept a complaint at its headquarters or place of business. The Seller is obligated to issue the Buyer with a written confirmation of when the Buyer enforced his/her right, the subject of the complaint, the manner of settling the complaint requested by the Buyer, and a confirmation of the date by and manner in which the complaint will be settled, including confirmation of repair and the duration of the repair or written reasoning for rejecting the complaint.
13. The Seller or an employee authorized by the Seller decides about the complaint immediately or, in complicated cases, within three working days. This deadline
does not include the time, commensurate to the type of product or service, necessary for an expert assessment of the defect. The complaint, including remediation of the defect, must be settled without undue delay but no later than within 30 days of filing the complaint, unless the Buyer and the Seller agree on a longer deadline. Failure to settle the complaint within this deadline is considered a fundamental breach of contract and the Buyer has the right to withdraw from the sales contract. The moment of filing the complaint is considered to be the moment when the Buyer expresses his/her will (claiming his/her right ensuing from defective performance) to the Seller.
14. The Seller informs the Buyer in writing of the result of the complaint.
15. The Buyer may not claim his/her right ensuing from defective performance if the Buyer knew prior to receipt that the item had a defect or if s/he caused the defect him/herself.
16. In case of a justified complaint, the Buyer has the right to be reimbursed for expenses incurred in relation to making this claim. The Buyer may enforce this right with the Seller within the deadline of one month after the end of the warranty period; if not, then a court need not grant such a claim.
17. The choice of manner of complaint is up to the Buyer.
18. The contracting parties’ rights and obligations regarding rights ensuing from defective performance are regulated by Secs. 1914 to 1925, Secs. 2099 to 2117, and Secs. 2161 to 2174 of the Civil Code and by Act No. 634/1992, the Consumer Protection Act.
1. The contracting parties may deliver all written correspondence to each other using electronic mail.
2. The Buyer delivers correspondence to the Seller’s email address contained in these Terms and Conditions. The Seller delivers correspondence to the Buyer’s email address contained in his/her customer account or in the order.
1. All information that the Buyer shares during his/her involvement with the Seller is confidential and will be treated as such. If the Buyer does not give the Seller written consent, the Seller will use the information about the Buyer only for the purpose of performance under the contract, except for the email address, to which commercial emails may be sent, for this is allowed by law unless expressly denied. These messages may relate only to similar or related goods; unsubscribing from them can be done simply and at any time (by sending a letter or email or clicking on a link in the commercial email). To this end, the email address will be stored for a period of 3 years after the conclusion of the last contract between the contracting parties.
Extrajudicial dispute resolution
1. The relevant body for the extrajudicial resolution of consumer disputes resulting from a purchase contract is the Česká obchodní inspekce (Czech Trade Inspection Authority) at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online platform for dispute resolution found at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a purchase contract’s seller and buyer.
2. The Evropské spotřebitelské centrum Česká republika (European Consumer Centre of the Czech Republic) at Štěpánská 567/15, 120 00 Praha 2, internet address http://www.evropskyspotrebitel.cz is the contact center according to 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 (Regulation on consumer ODR).
3. The Seller is entitled to sell goods on the basis of a trade license. Inspections of trade activities are performed by the relevant trade license office as part of its competence. Among other things, the Czech Trade Inspection Authority engages in limited supervision of compliance with Act No. 634/1992, the Consumer Protection Act.
1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the sales contract includes an international component, then the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect consumer rights ensuing from generally binding legislation.
2. In its relationship to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of Sec. 1826, paragraph 1(e) of the Civil Code.
3. All rights to the Seller’s website, in particular copyright relating to its content, including the site’s layout, photographs, films, graphics, trademarks, logos, and other content and elements, pertain to the Seller. It is forbidden to copy, alter, or otherwise use the website or any part thereof without the Seller’s consent.
4. The Seller does not bear any responsibility for errors resulting from third-party interventions in the Online Store or resulting from its use contrary to its purpose. When using the Online Store, the Buyer may not use procedures that might adversely affect its operations and may not engage in any other activities that might enable him/her or third parties to engage in the authorized interference in or unauthorized use of the programming or other components that make up the Online Store and to use the Online Store or its parts or software in a manner contrary to its design or purpose.
5. The Buyer hereby assumes the risks associated with a change in circumstances within the meaning of Sec. 1765, paragraph 2 of the Civil Code.
6. The sales contract and the Terms and Conditions are archived by the Seller in electronic form and are not accessible.
7. The Seller may alter or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the time of effectiveness of the earlier wording of the Terms and Conditions.
8. A template form for withdrawing from the contract is attached to the Terms and Conditions.
These Terms and Conditions take effect on 1 November 2021