Geschäftsbedingung

General Terms and Conditions
hereinafter referred to as “GTC”
I. Basic Provisions
1.1. These GTC regulate the relationship between the contractual parties of a purchase agreement.
1.2. The Seller is the company STONE DESIGN STUDIO ART s.r.o., ID: 06504230, file no. C 283225 registered at the Municipal Court in Prague, with its registered office at Jindřicha Plachty 596/8, Smíchov, 150 00 Prague 5.
1.3. The Buyer is a consumer or a business entity.
A consumer is any natural person who, outside the scope of their business activities or independent professional practice, enters into a contract with the Seller or otherwise deals with them.
Legal relationships between the Seller and the consumer not explicitly governed by these GTC shall be governed by the relevant legal regulations concerning consumer contracts and consumer protection in force and effect, as well as related regulations.
A business entity is anyone who independently carries out, at their own risk and for profit, gainful activity through a trade license or similar means with the intention of doing so systematically to make a profit. For the purposes of consumer protection, a business entity also includes anyone who enters into contracts related to their own commercial, manufacturing, or similar activities, or in the course of independent professional practice, or acts on behalf of or for the account of a business entity. For the purposes of these GTC, a business entity is understood to be someone who acts in accordance with the preceding sentence within the scope of their business activities. If the Buyer provides their identification number in the order, they acknowledge that the rules stated in the GTC for business entities apply to them.
1.4. The website www.stonedesign-studioart.com is an internet application accessible on the Internet via the web address www.stonedesign-studioart.com, whose main purpose is the presentation, display, and selection of goods by the Buyer.
1.5. The term “item” refers to goods offered for sale by the Seller to the Buyer through the website, and if applicable, also includes a license for the use of such item.
1.6. By placing an order, the Buyer confirms that they have acquainted themselves with these GTC before entering into the contract.
II. Information Before Entering into the Contract
2.1. The Seller informs the Buyer that:
2.1.1. the costs of long-distance communication means do not differ from the basic rate (in the case of internet or telephone connection according to the terms of the Buyer’s operator, the Seller does not charge any additional fees, except for contractual delivery);
2.1.2. payment of the purchase price is required before the Buyer takes possession of the goods from the Seller, or the obligation to pay a deposit or similar payment applies to the Buyer’s requests for specific services, if required and provided;
2.1.3. prices of goods and services are provided based on contact from the contact form and are stated inclusive and exclusive of VAT, including all fees prescribed by law, however, the costs of delivering goods or services vary depending on the chosen method and provider of delivery and payment method;
2.1.4. if the Buyer is a consumer, such consumer has the right to withdraw from the contract (unless otherwise stated below) if they conclude a purchase contract using long-distance communication means, within a period of fourteen days, which runs from:
a) the day of receiving the goods, for a purchase contract,
b) the day of receiving the last delivery of goods, for a contract covering several types of goods or delivery of several parts,
c) the day of receiving the first delivery of goods, for a contract for regular repeated delivery of goods;
such withdrawal must be sent to the Seller’s registered address (a sample withdrawal from the purchase contract is provided at the end of these GTC);
2.1.5. the consumer cannot withdraw from the contract:
a) for the provision of services that the Seller has performed with the prior express consent of the consumer before the expiration of the withdrawal period;
b) for the supply of goods or services whose price depends on fluctuations in the financial market independent of the Seller’s will and which may occur during the withdrawal period;
c) for the supply of goods made to the consumer’s specifications or clearly personalized;
d) for the supply of goods liable to deteriorate or expire rapidly, as well as goods which, after delivery, are inseparably mixed with other items;
2.1.6. in case of withdrawal from the contract, the consumer shall bear the costs associated with returning the goods, and if the contract was concluded using a long-distance communication means, the costs of returning the goods if they cannot be returned by normal postal means due to their nature;
2.1.7. the consumer is obliged to pay a proportionate part of the price in case of withdrawal from the contract, which is the subject of the provision of services, and if the performance has already begun.
III. Purchase Agreement, Transfer of Ownership, Delivery of Goods
3.1. The Buyer may conclude the contract by accepting the proposal to conclude the contract based on the sent offer and by agreeing to the contract sent as an attachment.
3.2. The concluded contract (including the agreed price) may be amended or terminated only by agreement of the parties or based on legal grounds, unless otherwise stated in the GTC.
3.3. The concluded contract is archived by the Seller for the period specified by the relevant legal regulations, for the purpose of its successful fulfillment, and is not accessible to third parties not involved. Information on individual technical steps leading to the conclusion of the contract is apparent from these terms and conditions, where this process is clearly described.
3.4. By the purchase contract, the Seller undertakes to hand over the item which is the subject of the purchase to the Buyer and allow them to acquire ownership rights to it, and the Buyer undertakes to accept the item and pay the Seller the purchase price.
3.5. The Seller reserves ownership rights to the item until the full payment of the purchase price.
3.6. The Seller shall hand over the item to the Buyer, along with the documents relating to the item, and enable the Buyer to acquire ownership rights to the item in accordance with the contract.
3.7. The Seller fulfills the obligation to hand over the item to the Buyer by enabling them to handle the item at the place of performance according to the contract. If the Seller is to send the item, they shall hand over the item to the Buyer – entrepreneur by handing it over to the first carrier for transportation to the Buyer and enable the Buyer to assert rights from the transport contract against the carrier. The Seller shall hand over the item to the Buyer – consumer at the moment when the item is handed over to the carrier.
3.8. The Seller shall deliver the purchased item in the agreed quantity, quality, and design. If not agreed upon, the Seller shall package the item according to customs or in a manner necessary for the preservation and protection of the item.
IV. Defective Performance, Transfer of Risk of Damage
4.1. The item is defective if it does not have the agreed properties. A defect also includes the performance of a different item and defects in the documents necessary for the use of the item.
4.2. The Buyer’s right to defective performance arises from a defect that the item has at the time the risk of damage passes to the Buyer, even if

it becomes apparent later. The Buyer’s right also arises from a defect that occurs later, which the Seller caused by breaching their obligation.
4.3. The Buyer shall inspect the item as soon as possible after the risk of damage to the item passes to them and verify its properties and quantity.
4.4. The risk of damage passes to the Buyer upon acceptance of the item. The same applies if the Buyer does not accept the item even though the Seller has allowed them to handle it.
4.5. Damage to the item occurring after the risk of damage passes to the Buyer does not affect their obligation to pay the purchase price, unless the Seller caused the damage by breaching their obligation.
4.6. If one party delays in accepting the item, the other party has the right, after prior notice to the delaying party in a suitable manner, to sell the item at the expense of the delaying party after providing them with an additional reasonable period for acceptance. This also applies if a party delays in paying, on which the transfer of the item is conditional.

V. Liability for defects
5.1. The Seller is liable to the Buyer that the item is defect-free upon acceptance. In particular, the Seller is liable to the Buyer that at the time the Buyer took possession of the item, it had the properties agreed upon by the parties, and if no such agreement exists, then those properties described by the Seller or the manufacturer, or those expected by the Buyer with regard to the nature of the goods, i.e., the item is suitable for the purpose for which the Seller indicates it is to be used, or for which such an item is typically used, the item is in the appropriate quantity, measure, or weight, and the item complies with the requirements of legal regulations.
5.2. If a defect manifests within six months from acceptance, it shall be presumed that the item was defective at the time of acceptance.
5.3. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from acceptance, unless otherwise stated; however, this does not apply to:
5.3.1. items sold at a lower price for a defect for which a lower price was agreed upon;
5.3.2. wear and tear of the item caused by its normal use;
5.3.3. used items for a defect corresponding to the degree of use or wear and tear that the item had upon acceptance by the Buyer; or
5.3.4. if it arises from the nature of the item.
5.4. For consumer goods, the Buyer is entitled to exercise the right from a defect within twenty-four (24) months, unless the item has a specified expiration date, in which case the period is shortened to the date indicated on the packaging.
5.5. For the Buyer – a business entity, the period for exercising rights from defective performance may be adjusted differently if explicitly stated for the given type of goods, and such a specified period takes precedence. The goods are specially marked in such cases.
5.6. The Buyer is not entitled to exercise the right from defective performance if the Buyer knew before accepting the item that it had a defect, or if the Buyer caused the defect themselves.
5.7. If the item has a defect for which the Seller is liable, and it concerns an item sold at a lower price or a used item, the Buyer has the right to a reasonable discount instead of the right to exchange the item.
5.8. If defective performance constitutes a fundamental breach of contract, the Buyer has the right to:
5.8.1. remedy the defect by delivering a new defect-free item or by delivering the missing item, if it is not disproportionate in view of the nature of the defect, but if the defect concerns only a part of the item, the Buyer may request only the replacement of the part; if this is not possible, they may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, particularly if the defect can be rectified without undue delay, the Buyer has the right to free defect removal;
5.8.2. remedy the defect by repairing the item;
5.8.3. a reasonable discount from the purchase price; or
5.8.4. withdraw from the contract.
The Buyer shall inform the Seller of their chosen right upon notifying the defect or without undue delay after notifying the defect. The choice made cannot be changed by the Buyer without the Seller’s consent; this does not apply if the Buyer requested the repair of a defect that proves to be irreparable. If the Seller does not rectify the defects within a reasonable period or notifies the Buyer that they will not rectify the defects, the Buyer may request a reasonable discount from the purchase price instead of defect rectification, or they may withdraw from the contract. If the Buyer does not choose their right in time, they have rights as in the case of a non-material breach of contract. The consumer Buyer is entitled to a reasonable discount even if the Seller cannot supply a new defect-free item, exchange its part, or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if remedying the defect would cause significant difficulties to the consumer.
5.9. If defective performance constitutes an immaterial breach of contract, the Buyer has the right to defect removal or a reasonable discount from the purchase price. Until the Buyer exercises the right to a discount from the purchase price or withdraws from the contract, the Seller may provide what is missing or remove the legal defect. The Seller may remedy other defects at their discretion by repairing the item or delivering a new item. If the Seller does not remedy the defect in time or refuses to remedy the defect, the Buyer may request a discount from the purchase price or withdraw from the contract. The choice made cannot be changed by the Buyer without the Seller’s consent.
5.10. The Buyer has the right to demand the delivery of a new item or the replacement of a part even in the case of a remediable defect if the item cannot be properly used due to repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the Buyer also has the right to withdraw from the contract.
5.11. Upon delivery of a new item, the Buyer shall return the originally delivered item (including all supplied accessories) at the Seller’s expense.
5.12. If the Buyer does not report the defect without undue delay after they could have discovered it through timely inspection and due care, the court shall not grant them the right to defective performance if the Seller objects to the delayed notification of the defect. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with due care, but no later than within two years after the item was handed over.

VI. Quality Guarantee
6.1. The Seller undertakes to provide a quality guarantee that the item will be suitable for use for a certain period or will retain its usual properties. These effects also apply to the indication of the warranty period or the usability period of the item on the packaging or in advertisements. The guarantee may also be provided for individual components of the item.
6.2. The warranty period runs from the delivery of the item to the Buyer. If someone other than the Seller is to put the purchased item into operation, the warranty period runs from the day the item is put into operation, provided that the Buyer ordered the item to be put into operation no later than three weeks from the date of receipt of the item and duly and timely provided the necessary cooperation for the service to be performed.
6.3. The Buyer has no right from the warranty if the defect occurred after the transfer of the risk of damage to the item to the Buyer due to an external event.

VII. Personal Data
7.1. The Seller declares that all personal data provided by the Buyer are confidential, will only be used to fulfill the contract with the Buyer and the Seller’s marketing activities, and will not be otherwise disclosed, provided to third parties, etc., except in situations related to the distribution or payment process concerning the ordered goods (disclosure of name and delivery address). Personal data voluntarily provided by the Buyer to the Seller for the purpose of fulfilling orders and the Seller’s marketing activities are collected, processed, and stored in accordance with applicable laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on Personal Data Protection, as amended and in effect.
7.2. The Buyer consents to the collection and processing of such personal data by the Seller for the purpose of fulfilling the subject matter of the concluded purchase contract until the Buyer expresses their disagreement with this processing in writing. In this case, electronic form is also considered a written expression.

VIII. Ordering, Purchase Price
8.1. The Buyer will receive the item at the price valid at the time of ordering. The consumer Buyer has the opportunity to familiarize themselves with the total price including VAT and all other charges (PHE, etc.) before placing an order. This price will be stated in the order and in the message confirming the acceptance of the order for goods.
8.3. Items can be ordered:

• through the contact form on the website www.stonedesign-studioart.com.

IX. Termination of Contract
9.1. Termination of the contract by the Buyer who is a consumer
9.1.1. The consumer Buyer has the right to terminate the contract within a period of 14 days from the receipt of the goods if the contract was concluded using means of distance communication. If the consumer decides to exercise this right, they must notify the Seller of the termination of the contract no later than the 14th day from the receipt of the goods, at their own expense.
9.1.2. The Buyer – consumer shall send the termination and the goods to the address:
STONE DESIGN STUDIO ART s.r.o., Jindřicha Plachty 596/8, Smíchov, 150 00 Prague 5.
9.1.3. The Buyer – consumer is obliged to return the goods complete, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received. If the returned goods are incomplete or damaged, the Seller may deduct a corresponding amount from the refunded purchase price. The money for the returned goods will be refunded to the Buyer – consumer within 30 days from the receipt of the termination of the contract.
9.1.4. Except in cases where the termination of the contract is explicitly agreed, the consumer cannot terminate the contract specified in clause 2.1.5. VOP.
9.1.5. The Buyer acknowledges that if gifts are provided with the goods, a gift agreement between the Seller and the Buyer is concluded on the condition that if the consumer exercises the right to terminate the contract, the gift agreement becomes ineffective, and the Buyer is obliged to return the gifts provided along with the returned goods.
9.2. Termination of the contract by the Buyer who is a businessperson. In the event that the Buyer is a businessperson, the relevant provisions of the legal regulations regarding the termination of contracts between businesspersons shall apply.

X. Payment Terms
10.1. The Seller accepts the following payment terms:

• payment in advance by bank transfer, details always on the issued invoice.
  10.2. The goods remain the property of the Seller until fully paid for and received, but the risk of damage to the goods passes upon receipt of the goods by the Buyer.

XI. Delivery Terms
11.1. Personal Pickup: The Buyer may collect the goods in the premises designated by the Seller for personal pickup of the goods.
11.2. Shipment by Transport Service – The Buyer may have the goods sent by a transport service, e.g., DHL Express and others. The shipping cost is determined according to the price list valid on the day of the order. If the goods are not delivered to the Buyer due to reasons on the Seller’s side within 14 days (provided the conditions are met and all necessary steps have been taken by the Buyer, especially payment of the order price), the Buyer has the right to terminate the contract (this does not affect their other rights, such as the right to compensation for damages).
11.3. Shipping costs are individual and are sent to the Buyer for approval in advance.
11.4. The Buyer is obligated to immediately inspect the condition of the shipment with the carrier upon delivery (number of packages, intactness of seals, box damage) according to the attached waybill. The Buyer is entitled to refuse acceptance of a shipment that does not comply with the purchase contract. If the Buyer accepts such a shipment from the carrier, it is necessary to describe the damage in the carrier’s delivery protocol. Incomplete or damaged shipments must be reported to the Seller immediately, a damage report must be drawn up with the carrier, and this report must be promptly sent to the Seller by fax, email, or post.

XII. Warranty Conditions, Complaints
12.1. The warranty document (warranty certificate) is the purchase document (invoice or sales receipt – hereinafter “warranty certificate”) containing all necessary information required by law for asserting the warranty (in particular, the name of the goods, price, quantity, serial number, etc.).
12.2. The warranty period begins on the day of receipt of the goods by the Buyer, or as indicated on the warranty certificate.
12.3. For the sale of goods to a consumer Buyer, the statutory warranty period is 24 months, unless a special legal regulation provides for a longer period or unless the manufacturer specifies a different period of usability, durability, or consumption. The Seller may extend this statutory period. The warranty period is extended by the period during which the goods were in warranty repair. Rights arising from liability for defects in goods covered by the warranty period expire if they are not asserted within the warranty period.
12.4. If the Buyer is a consumer, complaints under the statutory warranty period are governed by the relevant legal regulations.
12.5. The place for asserting complaints is: STONE DESIGN STUDIO ART s.r.o., Jindřicha Plachty 596/8, Smíchov, 150 00 Prague 5.
12.6. The Buyer may send defective goods for complaints by a transport service to the Seller’s address. The complained goods should be thoroughly secured to prevent damage during transport, the package should be visibly marked “COMPLAINT,” and it should contain: the complained goods (including complete accessories), a copy of the purchase document, a detailed description of the defect, and sufficient contact details of the Buyer (especially return address and telephone number).
12.7. The Buyer is obliged to inform the Seller about the dispatch of the complained goods by telephone or email.
12.8. A Buyer who is not a consumer shall prove the validity of the warranty by presenting the purchase document. If the goods have been previously claimed, they must also provide proof of the complaint.
12.9. The warranty does not apply to damage caused by (unless such activity is not usual and not prohibited in the accompanying instructions):

• mechanical damage to the goods,
• electrical surges (visibly burned components or printed circuits), except for common deviations,
• use of goods in conditions that do not correspond to their temperature, dustiness, humidity, chemical, and mechanical environmental influences directly intended by the seller or manufacturer,
• unprofessional installation, handling, operation, or neglect of care for the goods,
• excessive loading or use of goods contrary to the conditions specified in the documentation or general principles,
• unqualified intervention or parameter change,
• goods that have been modified by the customer (painting, bending, etc.), if a defect arises from this modification,
• goods damaged by natural forces or force majeure.
  These limitations do not apply if the properties of the goods that contradict the above conditions have been expressly agreed upon, negotiated, or declared by the Seller, or can be expected due to advertising or the usual manner of use of the goods.

12.10. The complained goods will be tested only for the defect specified by the Buyer (in the complaint form, in the attached defect description list).
12.11. The Seller has the right to refuse acceptance of goods for complaint in cases where the complained goods and/or their parts are dirty or do not meet the basic requirements for hygienically safe handover of goods for complaint proceedings, unless it is usual contamination.

XIII. Handling of Complaints
13.1. In accordance with Section 2, Paragraph 1, Letter a) of Act No. 634/1992 Coll., on Consumer Protection, as amended, a consumer is a natural person who does not act within the scope of their business activities or within the scope of their independent professional activity.
13.2. If the buyer is a consumer, the seller shall decide on the complaint immediately, in complex cases within three working days from the delivery of the complained item to the seller. This period shall not include the time reasonably required, according to the type of product or service, for expert assessment of the defect.
13.3. The seller shall handle the complaint, including defect rectification, without undue delay, no later than 30 days from the date of complaint submission. The 30-day period may be extended after agreement with the consumer; such extension must not be indefinite or unreasonably long. After the expiration of the period or extended period, it shall be assumed that the defect in the item actually existed, and the consumer shall have the same rights as if it were an irremediable defect.
13.4. If the buyer is a business entity, the seller undertakes to decide on the complaint within 40 days from the date of complaint submission.
13.5. The seller shall provide the buyer with a written confirmation of the date and manner of handling the complaint, including confirmation of the repair performed and the duration of the complaint, or justification for rejecting the complaint.
13.6. After the justified complaint is resolved, the warranty period shall be extended by the duration of the complaint. In the case of an unjustified complaint, the warranty period shall not be extended. If the complaint concerning an item in the statutory warranty period is resolved by replacing the item with a new one, the warranty period shall start anew from the date of complaint resolution. The duration of the complaint shall be calculated from the day following the complaint submission (delivery of the complained item to the seller) to the day of complaint resolution, i.e., the period when the buyer was obliged to accept the item.
13.7. The buyer shall be informed about the complaint resolution by email, provided during the purchase or when filing the complaint.
13.8. If the complained goods are not collected by the buyer within one month from the expiration of the period when the complaint should have been handled, and if the handling was delayed, within one month from notification of its handling (usually within 60 days from the date of complaint submission), the seller is entitled to charge a storage fee of CZK 200 including VAT per day of delay when issuing the goods.
13.9. If the buyer does not collect the goods from the handled complaint within 6 months from the date of being informed about its handling, the seller reserves the right to sell the goods and use the proceeds to cover the storage fee.
13.10. When issuing the item after complaint resolution, the buyer is required to present the document based on which the item was accepted for complaint and must prove their identity with an ID card or valid passport.
13.11. The buyer has the right to reimbursement of reasonable expenses associated with filing a justified complaint. These expenses are understood as the minimum necessary. These expenses may include postage for sending the complaint. Reimbursement of expenses must be requested without undue delay, but no later than 1 month after the end of the period for asserting rights from defective performance.
13.12. The buyer is obliged to check the received goods and their compliance with the complaint handover protocol. The buyer shall also verify the completeness of the goods, ensuring that the packaging contains everything it should. Later objections will not be considered.

XIV. Final Provisions
14.1. These Terms and Conditions are valid and effective from 17.4.2024.

XV. Form for Contract Withdrawal
(pursuant to Section 1829 of Act No. 89/2012 Coll., the Civil Code, as amended)

In ………………………………, on ……………………,

STONE DESIGN STUDIO ART s.r.o.
Jindřicha Plachty 596/8,
Smíchov, 150 00
Prague 5

I hereby declare that I am withdrawing from the purchase agreement concluded on ………………………, under which the following goods were delivered to me by your company: …………………………………………
The goods were ordered under order number …………… and invoiced by invoice number ………………

……………………………(signature)
Name and Surname

Address: