BUSINESS TERMS AND CONDITIONS

Operator: MgA. Helena Krásová, with registered office at U Železné lávky 130/16, 118 00 Prague 1

Operator's ID: 04928253, VAT non-payer

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the online store at https://kras.studio, operated by Helena Krásová (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the Internet address htttps://kras.studio (hereinafter referred to as "Website"), through the website interface (hereinafter referred to as "Website Interface of the Store").

1.2. The 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 who, when ordering goods, acts within the scope of their business activities or within the scope of their independent profession.

1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in Czech or English. The purchase contract can be concluded in Czech.

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

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

2.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

2.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only to cases where the goods are delivered within the Czech Republic.

2.4. To order goods, the buyer fills out the order form in the store's web interface. The order form contains, in particular, information about:

2.4.1. ordered goods (the ordered goods are "added" by the buyer to the electronic shopping cart of the store's web interface, Add to Cart),

2.4.2. the method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods and

2.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

2.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller confirms this receipt to the buyer by e-mail to the buyer's e-mail address specified in the order (hereinafter "the buyer's e-mail address").

2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing, electronically or by telephone).

2.7. The contractual relationship between the seller and the buyer arises upon delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

2.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls) are borne by the Buyer himself, and these costs do not differ from the basic rate.

3. PRICE OF GOODS AND PAYMENT TERMS

3. 1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

- in cash or by card at the seller's premises on the 1st floor of the SmetanaQ building at Smetanovo nábřeží 4, Prague 1, on a date agreed upon by the seller and the buyer by telephone or e-mail

- via the Shopify Payments payment gateway directly on the e-shop when ordering

- cashless in advance by transfer to the seller's account number 670100-2214347201/6210 , maintained at mBank (hereinafter referred to as the "seller's account").

3.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

3.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

3.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.

3.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

3.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 2.6.), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

3.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer on the basis of the purchase contract. The seller is not a VAT (value added tax) payer. The seller will issue a tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form by e-mail to the buyer's address.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. The Buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer may use the sample form provided by the Seller, which is an annex to the Terms and Conditions. The Buyer may send the withdrawal from the purchase contract, among others, to the Seller's business address or to the Seller's e-mail address.

4.2. In the event of withdrawal from the purchase contract according to Art. 4.1. of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the contract, the buyer bears the costs associated with returning the goods to the seller.

4.3. In the event of withdrawal from the purchase contract pursuant to Article 4.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. 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 has sent the goods to the Seller.

4.4. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

4.5. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.

4.6. If the buyer is given a gift with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller along with the goods.

5. TRANSPORTATION AND DELIVERY OF GOODS

5.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

5.2. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

5.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

5.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

6. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.

6.2. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:

6.2.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,

6.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

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

6.2.4. the goods are in the appropriate quantity, measure or weight and

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

6.3. The provisions set out in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.

6.4. The consumer is entitled to exercise the right to a defect that occurs in consumer goods within the legally prescribed period, i.e. 24 months from receipt. If the period for which the item can be used is stated on the item being sold, on its packaging, in the instructions attached to the item or in accordance with other legal regulations, the statutory provisions on the quality guarantee shall apply. Please remember that the warranty period and the service life of textile products are different concepts. The service life is determined by the method and intensity of use and may not always be the same as the warranty period. This means that with intensive use, the service life of textile products may be shorter than the warranty period.

6.5. The buyer may exercise rights arising from defective performance against the seller via e-mail. The moment of exercising the claim is considered the moment when the seller receives the claimed goods from the buyer.

6. 6. When exercising the right to defective performance, the buyer is obliged to prove the conclusion of the purchase contract. For this purpose, the operator recommends submitting, in particular, a confirmation of purchase.

6.7. The buyer is obliged to report the defect to the seller, i.e. to receive a description of the defect in the goods for which he is making a complaint.

6.8. The buyer does not have the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.

6.9. The Seller shall decide on a complaint from the Consumer within 3 working days. This period does not include the time appropriate to the type of goods or services required for a professional assessment of the defect. The complaint from the Consumer, including the removal of the defect, shall be handled by the Seller without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Consumer agree on a longer period.

6.10. If the operator does not reject the complaint, it will issue a confirmation of receipt of the complaint to the buyer, which will include, among other things, the identification of the operator and the buyer, what the content of the complaint is according to the buyer, what method of handling the complaint the buyer requests, the date and place of receipt of the complaint and the signature of the operator's employee.

6.11. The consumer has the right to reimbursement of reasonably incurred costs associated with exercising his right to claim defective performance.

6.12. The operator is obliged to inform the buyer that the complaint has been resolved and how, to the electronic address provided when submitting the complaint or via other contact information, according to which it will be possible to notify the buyer of the resolution of the complaint. The operator will indicate in this notification the deadline for collecting the claimed goods.

6.13. If the buyer does not collect the claimed goods within the period set by the operator, the operator is entitled to charge a reasonable storage fee or sell the goods on its own behalf on the buyer's account. The operator must notify the buyer of this procedure in advance and provide him with a reasonable additional period to take over the goods.

6.14. The Operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods supplied, unless such loss, injury or damage to property was caused by negligence, omission or intent on the part of the Operator.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

7.3. The Seller shall handle consumer complaints via the email address kras.prague@gmail.com. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's email address.

7.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, internet address https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/cinsumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

7.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant 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 online dispute resolution for consumer disputes).

7.6. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

8. PROTECTION OF PERSONAL DATA

8. 1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

8.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, e-mail address, telephone number and, if applicable, delivery address, if different from the billing address (hereinafter referred to as "personal data").

8. 3. The Buyer agrees to the processing of personal data by the Seller for the purposes of implementation and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.

8.4. The Buyer acknowledges that he is obliged to provide his personal data (when ordering from the store's web interface) correctly and truthfully and that he is obliged to inform the Seller of any changes to his personal data without undue delay.

8.5. The seller may entrust the processing of the buyer's personal data to a third party as a processor. Apart from persons transporting the goods, the seller will not transfer personal data to third parties without the buyer's prior consent.

8.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

8.7. The Buyer confirms that the information provided is accurate and that he has been informed that the provision of personal data is voluntary.

8.8. If the buyer believes that the seller or the processor (Article 8.5.) is processing his personal data in a manner that is contrary to the protection of the buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:

8.8.1. ask the seller or processor for an explanation,

8.8.2. demand that the seller or processor eliminate the situation thus arising.

8.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.

9. SENDING COMMERCIAL COMMUNICATIONS

9.1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.

10. DELIVERY

10.1. Notices concerning the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise specified in the purchase contract. Notices are delivered to the relevant contact address of the other party and are deemed to have been delivered and effective upon their delivery by post, with the exception of notices of withdrawal from the contract made by the buyer, where withdrawal is effective if the notice is sent by the buyer within the withdrawal period.

10.2. A notification is also considered delivered if the addressee refuses to accept it, if it is not collected within the storage period, or if it is returned as undeliverable.

10.3. The contracting parties may deliver regular correspondence to each other via electronic mail, to the electronic mail address specified in the order, or to the address specified on the seller's website.

11. FINAL PROVISIONS

11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

11.2. If any provision of the terms and conditions is invalid or ineffective, or if such a provision is replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase contract or terms and conditions require written form.

11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11.4. The appendix to the terms and conditions includes a sample form for withdrawal from the purchase contract.

11.5. Seller's contact details: delivery address U Železné lávky 130/16, 118 00 Prague, e-mail address kras.prague@gmail.com, telephone number +420 724 557 414.

Helena Krasova

In Prague on November 1, 2023