Terms of service

Terms and Conditions

These General Terms and Conditions (“Terms”) of Alkahest s.r.o., with its registered office at Knovíz 35, 274 01 Knovíz, Company ID No.: 24007242, VAT ID: CZ24007242, registered in the Commercial Register under File No. Section C, Insert 436460, maintained by the Municipal Court in Prague, email: kontakt@alkahest.cz, phone number: +420 721 202 232 (“We” or “Seller”) govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or based on the purchase agreement (“Agreement”) concluded through the E-shop on the website www.svankmajer.art.

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here: https://www.svankmajer.art/podminky-ochrany-osobnich-udaju/

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and the Terms and Conditions are drafted in the Czech language. We may unilaterally 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.

As you are surely aware, we communicate primarily remotely. Therefore, our Agreement also utilizes means of remote communication that allow us to reach an agreement without the simultaneous physical presence of both parties, and the Agreement is thus concluded remotely within the E-shop environment, specifically through the website interface. 

(“E-shop Web Interface”).

If any part of the Terms and Conditions conflicts with what we mutually agreed upon during your purchase process on our E-shop, that specific agreement shall take precedence over the Terms and Conditions.

I. DEFINITIONS

1. Price is the amount you will pay for the Goods;

2. Shipping Cost is the amount you will pay for the delivery of the Goods, including the cost of packaging;

3. Total Price is the sum of the Price and the Shipping Cost;

4. VAT is value-added tax in accordance with applicable laws;

5. An Invoice is a tax document issued in accordance with the Value-Added Tax Act for the Total Price;

6. An Order is your irrevocable proposal to enter into a Contract for the Purchase of Goods with Us;

7. A User Account is an account created based on the information you provide, which allows for the storage of entered data and the history of ordered Goods and concluded Contracts;

8. You are the person making a purchase on Our E-shop, referred to as the buyer under applicable law;

9. Goods are everything you can purchase on the E-shop.

 

II. GENERAL PROVISIONS AND NOTICES

1. The purchase of Goods is possible only through the E-shop’s web interface.

2. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. We will therefore consider the information you provided to us when ordering the Goods to be correct and truthful.

 

III. CONCLUSION OF THE AGREEMENT

1. An agreement with us may only be concluded in the Czech language.

2. The contract is concluded remotely via the E-shop, and you are responsible for the costs of using remote means of communication. However, these costs do not differ from the standard rate you pay for using these means (i.e., primarily for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By submitting an Order, you agree to our use of means of distance communication.

3. In order for us to conclude the Contract, you must create a draft Order on the E-shop. This draft must include the following information:

a) Information about the purchased Goods (on the E-shop, you select the Goods you wish to purchase by clicking the “Add to Cart” button);

b) Information regarding the Price, Shipping Cost, payment method, Total Price, and the desired method of delivery for the Goods; this information will be entered when creating the Order draft within the E-shop’s user interface, with the Price, Shipping Cost, and Total Price being automatically calculated based on the Goods you select and the delivery method you choose;

c) Your identification and contact details necessary for us to deliver the Goods, specifically your first name, last name, shipping address, phone number, and email address;

d) In the case of a Contract under which we will supply you with Goods on a regular and recurring basis, also information regarding how long we will supply you with the Goods.

4. While creating your Order, you may modify and review the information until the Order is finalized. After reviewing the details, click the “Order with Obligation to Pay” button to submit your Order. Before clicking the button, however, you must confirm that you have read and agree to these Terms and Conditions; otherwise, you will not be able to submit the Order. A checkbox is provided for confirmation and consent. After clicking the “Order with Payment Obligation” button, all entered information will be sent directly to us.

5. We will confirm your Order as soon as possible after it is received by us via a message sent to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Our confirmation of the Order constitutes the conclusion of a Contract between us and you. The Terms and Conditions in the version effective as of the date of the Order form an integral part of the Contract.

6. There may also be cases where we are unable to confirm your Order. These include, in particular, situations where the Goods are unavailable or cases where you order a larger quantity of Goods than we are able to provide. However, we will always provide you with information regarding the maximum quantity of Goods in advance via the E-shop, so this should not come as a surprise to you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a form modified from the Order. In such a case, the Contract is concluded at the moment you confirm our offer.

7. If a clearly incorrect Price is listed in the E-shop or in the Order proposal, we are not obligated to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a form different from the Order. In such a case, the new Contract is concluded the moment you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other retailers or where a digit is missing or extra.

8. If the Contract is concluded, you are obligated to pay the Total Price.

9. If you have a User Account, you may place an Order through it. However, even in such a case, you are obligated to verify the accuracy, truthfulness, and completeness of the pre-filled information. The process of placing an Order is identical to that for a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.

10. In some cases, we allow you to use a discount when purchasing Goods. To receive the discount, you must enter the discount details in the designated field when creating the Order. If you do so, the Goods will be provided to you at a discounted price.

IV. USER ACCOUNT

1. Based on your registration with the E-shop, you can access your User Account.

2. When registering your User Account, you are required to provide all information accurately and truthfully and to update it in the event of any changes.

3. Access to the User Account is secured by a username and password. You are obligated to keep this login information confidential and not to disclose it to anyone. We assume no liability in the event of any misuse of this information.

4. The User Account is personal, and you are therefore not authorized to allow third parties to use it.

5. We may terminate your User Account, particularly if you have not used it for more than 3 years or if you breach your obligations under the Agreement.

6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software.

V. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

1. The Price is always listed within the E-shop, in the Order draft, and, of course, in the Agreement. In the event of a discrepancy between the Price listed for the Goods in the E-shop and the Price listed in the Order Draft, the Price listed in the Order Draft shall apply, which will always be identical to the price in the Contract. The Order Draft also specifies the Shipping Cost, or the conditions under which shipping is free.

2. The Total Price is stated inclusive of VAT and all fees required by law.

3. We will request payment of the Total Price after the Contract is concluded and before the Goods are delivered. You may pay the Total Price using the following methods:

a) Bank transfer. We will send you the payment details as part of your Order confirmation. If paying by bank transfer, the Total Price is due within 7 business days of placing the order.

b) Through the Commgate a.s. payment gateway, you can pay online by card (with VISA or MasterCard), via quick bank transfer using your bank’s app, via QR code, or via deferred payment through one of the intermediaries (Twisto, SkipPay, PlatímPak).& In this case, the payment is governed by the terms and conditions of this payment gateway - https://help.comgate.cz/docs/platebni-brana. When paying via this method, the total amount is due within 3 business days of placing the order. You can find more information about card payment methods at this link: https://help.comgate.cz/v1/docs/cs/platby-kartou. And you can find more information about bank transfers at this link: https://help.comgate.cz/docs/bankovni-prevody.
The contact information for Comgate, a.s. for any complaints or questions regarding payments is as follows: Comgate, a.s.Gočárova třída 1754/48b, Hradec Králové, Email: podpora@comgate.cz, Phone: +420 228 224 267

c) Cash upon personal pickup. You may pay for the Goods in cash if you pick them up at our facility. In the case of cash payment upon personal pickup, the Total Price is due upon receipt of the Goods.

4. An invoice will be issued electronically after payment of the Total Price and sent to your email address. The invoice will also be physically included with the Goods and available in your User Account.

5. Ownership of the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid upon crediting Our account; in other cases, it is paid at the time the payment is made.

 

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

1. The Goods will be delivered to you as soon as possible after ordering via the method of your choice, from the following options:

a) In-person pickup at Our facility listed in the list of facilities.

b) In-person pickup at Zásilkovna pickup locations

c) Delivery via DHL and Zásilkovna

2. Goods can be delivered within the Czech Republic and to other countries. A specific list of countries to which we currently deliver is available upon request via email: hello@svankmajer.art.

3. The delivery time for the Goods always depends on their availability and the selected delivery and payment methods. The estimated delivery time for the Goods will be provided to you in the Order confirmation. The time stated on the E-shop is only approximate and may differ from the actual delivery time. In the case of in-store pickup, we will always inform you via email when the Goods are ready for pickup.

4. Upon receipt of the Goods from the carrier, it is your obligation to inspect the packaging of the Goods for damage and, in the event of any defects, to immediately notify the carrier and Us. If there is damage to the packaging that indicates unauthorized tampering or access to the shipment, you are not obligated to accept the Goods from the carrier.

5. If you breach your obligation to accept the Goods, except in cases under Article IV.4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute a withdrawal from the Contract between Us and you. However, in such a case, We are entitled to withdraw from the Contract due to Your material breach of the Contract. If We decide to exercise this right, the withdrawal takes effect on the day We deliver this notice of withdrawal to You. Withdrawal from the Contract does not affect the claim for payment of the Shipping Fee or, where applicable, the claim for damages, if any have been incurred.

6. If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than that agreed upon in the Agreement, you are obligated to reimburse us for the costs associated with such repeated delivery. We will send payment details for these costs to the email address you provided in the Contract, and they are due within 14 days of receiving the email.

7. The risk of damage to the Goods passes to you at the moment you take delivery of them. If you do not take delivery of the Goods, except in the cases specified in Article IV.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery of them but, for reasons on your part, delivery did not take place. The transfer of the risk of damage to the Goods means that from this moment on, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

8. In the event that the Goods were not listed as in stock in the E-shop and an estimated availability time was provided, we will always inform you in the following cases:

a) an extraordinary production outage of the Goods, in which case we will always notify you of the new expected availability time or inform you that it will not be possible to deliver the Goods;

b) a delay in the delivery of the Goods from our supplier, in which case we will always inform you of the new expected delivery time.

9. If we are unable to deliver the Goods to you within 30 days of the expiration of the delivery period specified in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the transfer of the risk of damage to the Goods pursuant to Article VI.7 of the Terms and Conditions, the Goods are free from defects, in particular that:

a) they possess the characteristics we agreed upon with you, and if not expressly agreed upon, then those we specified in the description of the Goods, or those that can be expected given the nature of the Goods;

b) is suitable for the purposes we have specified or for purposes customary for Goods of this type;

c) corresponds to the quality or design of the agreed sample, if the quality or design was determined based on a sample;

d) is in the appropriate quantity and weight;

e) meets the requirements imposed on it by legal regulations.

2. Rights and obligations regarding claims for defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. In the event that the Goods are defective, specifically if any of the conditions under Article VII.1 are not met, you may notify Us of such a defect and exercise your rights arising from defective performance (i.e., file a complaint regarding the Goods) by sending an email to: hello@svankmajer.art or a letter to: Alkahest s.r.o., Tálínská 1015, 198 00 Prague - Kyje. You may also use the sample form provided by us, which constitutes Appendix No. 1 to our terms and conditions. When exercising your rights arising from defective performance, you must choose how you wish to resolve the defect; you may not subsequently change this choice without our consent, except in cases under Article 7.4. We will handle the complaint in accordance with the right arising from defective performance that you have exercised. If you do not choose a solution to the defect, you have the rights set forth in Article 7.5 even in situations where the defective performance constituted a material breach of the Contract.

4. If the defective performance constitutes a material breach of the Contract, you have the following rights:

a) to have the defect remedied by delivery of new, defect-free Goods or delivery of the missing part of the Goods;

b) to have the defect remedied by repair of the Goods;

c) to a reasonable reduction in the Price;

d) to withdraw from the Contract.

If you choose a remedy under points a) or b) and We fail to remedy the defect within the reasonable timeframe We have specified, or We inform you that We will not remedy the defect in this manner at all, you have the rights under points c) and d), even if you did not originally request them as part of your complaint. At the same time, if you choose to have the defect remedied by repairing the Goods and we determine that the defect is irreparable, we will notify you, and you may choose another method of remedying the defect.

5. If the defective performance constitutes a minor breach of the Contract, you have the following rights:

a) to have the defect remedied by delivery of new Goods free of defects, or by delivery of the missing part of the Goods;

b) to have the defect remedied by repairing the Goods;

c) to a reasonable discount on the Price.

However, if we fail to remedy the defect in a timely manner or refuse to remedy the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to recurring defects after the Goods have been repaired or due to a significant number of defects in the Goods.

6. In the event of either a material or immaterial breach, you may not withdraw from the Contract or demand delivery of a new item if you are unable to return the Goods in the condition in which you received them. However, this does not apply in the following cases:

a) if the condition of the Goods has changed as a result of an inspection conducted to identify a defect;

b) if the Goods were used before the defect was discovered;

c) if the inability to return the Goods in their original condition was not caused by your actions or omissions;

d) if, prior to the discovery of the defect, you sold, consumed, or altered the Goods through normal use; however, if this occurred only partially, you are obligated to return the portion of the Goods that can be returned, and in such a case, the portion of the Price corresponding to your benefit from using that portion of the Goods will not be refunded to you.

7. Within 5 business days of receiving the complaint, we will confirm via email that we have received the complaint, when we received it, and the estimated time required to resolve the complaint. We will process the complaint without undue delay, but no later than 30 days from its receipt. This period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Contract.

8. We will inform you of the outcome of the complaint via email. If the complaint is justified, you are entitled to reimbursement of reasonable expenses incurred. You are required to provide proof of these expenses, such as receipts or shipping cost confirmations. If the defect was remedied by delivering new Goods, you are obligated to return the original Goods to us; however, we will cover the costs of this return.

9. If you are a business, you are required to report and give notice of the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

10. If you are a consumer, you have the right to exercise your rights arising from defective performance in the event of a defect that occurs in consumer Goods within 24 months of taking delivery of the Goods. 

11. The provisions regarding the right to claim for defects do not apply in the following cases:

a) Goods sold at a lower Price, for a defect for which the lower Price was agreed;

b) wear and tear of the Goods caused by their normal use;

c) used Goods, for a defect corresponding to the degree of use or wear and tear the Goods had when you took delivery of them;

d) where this arises from the nature of the Goods, e.g., in the case of works of art and books.

 

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this Article, or in other provisions of the Terms and Conditions where the option to withdraw is expressly stated.

2. If you are a consumer—that is, a person purchasing Goods outside the scope of your business activities—you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods. If we have entered into a Contract covering multiple types of Goods or the delivery of multiple parts of Goods, this period begins on the date of delivery of the last part of the Goods; and if we have entered into a Contract under which we will deliver Goods to you on a regular and recurring basis, it begins on the date of delivery of the first shipment. You may withdraw from the Contract by sending an email to: hello@svankmajer.art or a letter to: Alkahest s.r.o., Tálínská 1015, 198 00 Prague - Kyje. You may also use the model withdrawal form provided by us, which is attached as Appendix 2 to our Terms and Conditions.

3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is:

a) Goods whose Price depends on fluctuations in the financial market beyond our control and which may occur during the withdrawal period;

b) the delivery of alcoholic beverages, which may be delivered only after thirty days have elapsed and whose price depends on fluctuations in the financial market beyond our control;

c) Goods that have been customized according to your wishes or for your person;

d) Goods that are perishable and Goods that have been irrevocably mixed with other goods after delivery;

e) Goods in sealed packaging, including works of art, that have been removed from the packaging and cannot be returned for any reason;

f) the delivery of audio or video recordings, books, or computer programs, if the original packaging has been broken;

g) delivery of newspapers, periodicals, or magazines;

h) delivery of digital content, provided it was not delivered on a tangible medium and was delivered with your prior express consent before the expiration of the withdrawal period, and we have informed you that you do not have the right to withdraw from the Contract;

i) A work of art, if it shows signs of use after you return it.

j) A work of art whose fragile nature was discussed with you in advance, and you agreed to assume the risk associated with its shipment;

4. The withdrawal period under Article VIII.2 of the Terms and Conditions is deemed to have been observed if you send us a notice during that period stating that you are withdrawing from the Contract.

5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account specified in the notice of withdrawal from the Contract. However, the amount will not be refunded before you return the Goods to us or prove that they have been sent back to us. Please return the Goods to us in clean condition, including the original plastic packaging.

6. In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, you are required to send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. Conversely, you are entitled to a refund of the shipping cost, but only in an amount corresponding to the cheapest delivery method we offered for the Goods. In the event of withdrawal due to our breach of the concluded Contract, we will also cover the costs associated with returning the Goods to us, but again only up to the amount of the shipping cost corresponding to the cheapest delivery method we offered for the Goods at the time of delivery.

7. You are liable to us for any damage caused if the Goods are damaged as a result of your handling them in a manner other than what is necessary given their nature and characteristics. In such a case, we will invoice you for the damage after the Goods have been returned to us, and the invoiced amount is due within 14 days. If we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for a refund of the Price.

8. We are entitled to withdraw from the Contract at any time prior to delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular reasons attributable to third parties or reasons related to the nature of the Goods), even before the expiration of the period specified in Article VI.9 of the Terms and Conditions. We may also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you are purchasing goods as part of your business activities, i.e., as a business entity, we are entitled to withdraw from the Contract at any time, even without providing a reason.

IX. RESOLUTION OF DISPUTES 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 following email address: hello@svankmajer.art. We will send information regarding the resolution of the complaint to the buyer’s email address.

3. The Czech Trade Inspection Authority, with its registered office at ČOI, Inspectorate for the Central Bohemian Region and the City of Prague, Gorazdova 1969/24, 120 00 Prague 2, ID No.: 00020869, website: https://coi.gov.cz/en/. The online dispute resolution platform located at https://consumer-redress.ec.europa.eu/index_cs may be used to resolve disputes between the seller and a buyer within the EU who is a consumer, arising from a sales contract concluded by electronic means.

4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.gov.cz/en/, is the contact point pursuant to Regulation (EU) (EU) No. 524/2013 of May 21, 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).

 

X. FINAL PROVISIONS

1. If our legal relationship with you involves an international element (for example, if we ship goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights under applicable laws.

2. We will send all written correspondence to you via email. Our email addresses are listed in our identification details. We will send correspondence to the email address you provided in the Agreement, in your User Account, or through which you contacted us.

3. The Agreement may only be amended based on our written agreement. However, we are entitled to amend and supplement these Terms; such an amendment will not affect Agreements already concluded, but only Agreements concluded after the amendment takes effect. However, we will only notify you of the change if you have created a User Account (so that you have this information in case you order new Goods; however, the change does not constitute grounds for termination, as we do not have a Contract in place that could be terminated) or if we are required to deliver Goods to you regularly and repeatedly under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice of termination of the Contract for regular and recurring deliveries of Goods from you within 14 days of sending the information about the change, the new terms and conditions become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period, should you choose to terminate the Agreement, is 2 months.

4. In the event of force majeure or unforeseeable circumstances (natural disasters, pandemics, operational disruptions, failures on the part of subcontractors, etc.), we shall not be liable for any damage caused as a result of or in connection with such force majeure events; furthermore, if the force majeure situation persists for more than 14 days, both we and you have the right to withdraw from the Contract.

5. Attached to these Terms and Conditions are a sample complaint form and a sample form for withdrawing from the Contract.

6. The Contract, including these Terms and Conditions, is archived in electronic form by us but is not accessible to you. However, you will always receive these Terms and Conditions and the Order Confirmation with a summary of the Order via email, and you will therefore always have access to the Contract even without Our assistance. We recommend that you always save the Order Confirmation and the Terms and Conditions.