Terms and Conditions

Radka Petrásková, registered office:
Polákova 588/10, 500 02 Hradec Králové, Company ID No.: 03847462

 

I.

Introductory Declaration

 

1.1. Pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Czech Civil Code, we hereby establish the terms and conditions of the self-employed natural person Radka Petrásková (hereinafter the “Seller”). These terms and conditions define the mutual rights and obligations arising between the Seller and its customer (hereinafter the “Buyer”) in connection with the purchase of goods or services, both through bespoke sales at the Seller’s registered office and through the Seller’s online shop. The online shop is available at the internet address https://www.emmestudio.cz (hereinafter the “online shop”). The Seller and the Buyer are jointly also referred to as (the “Contracting Parties”). 

 

1.2. These terms and conditions are considered an integral part of every purchase contract concluded between the Seller and the Buyer pursuant to Section 2085 et seq. of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter the “purchase contract”). The Contracting Parties may also agree on provisions deviating from these terms and conditions directly in the purchase contract; in such a case, these deviating provisions of the purchase contract prevail over the provisions of these terms and conditions. The terms and conditions also apply to orders placed by means of any other distance communication tool, for example by e-mail, and, with the appropriate modifications, also to orders placed in person at the shop or off the business premises. This includes, for example, a description of the order, the completion of a printed order form or a direct purchase on the spot, unless stipulated otherwise.

 

1.3. At the moment the Buyer submits an order, the Buyer thereby confirms that they have familiarized themselves with the content of these terms and conditions and that they express their consent thereto, in the wording valid and effective at the time the order is placed. The purchase contract concluded between the Contracting Parties is thus bound by these terms and conditions. The Seller reserves the right to amend or supplement the content of the terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous wording of the terms and conditions.

 

II.

Conclusion of the Purchase Contract 

 

2.1. All goods presented in the interface of the online shop are of an informative nature only and the Seller is not obliged to conclude purchase contracts concerning such goods. Section 1732(2) of the Czech Civil Code does not apply in this case. The interface of the online shop provides information about the goods offered, including the prices of the individual items. The prices stated are valid for the period during which they are presented in the interface of the online shop. This provision does not prevent the Seller from concluding purchase contracts under individually agreed conditions. The Seller is not a VAT payer.

 

2.2. The purchase contract between the Seller and the Buyer is deemed concluded at the moment when the Buyer accepts the offer by means of a binding order placed in the online shop located at the web address www.emmestudio.cz and after full payment of the purchase price. The Buyer agrees to the use of distance communication tools when concluding the purchase contract. 

 

2.3. On the website of the online shop, the Buyer selects the required goods and states any further specification thereof. In addition, the Buyer selects the method of delivery and payment and enters their contact details and delivery address. Before completing the binding order and submitting it, the Buyer is informed of the purchase price, the specifications of the goods, the estimated delivery time, the contact details entered, the delivery address, and the selected method of delivery and payment. This information is relevant and valid only for cases in which the goods are delivered within the territory of the Czech Republic. Before submitting the order, the Buyer has the opportunity to review and, where appropriate, amend all the data entered. After submitting the order, the Buyer receives a confirmation of receipt of the order at the e-mail address provided, including payment details for the full payment of the purchase price. By clicking the “submit order” button, the Buyer creates a binding order.

 

2.4. By submitting the order, the Buyer confirms that they are ordering the goods specified in the order from the Seller, that they have familiarized themselves with the applicable terms and conditions and that they express their consent thereto in the wording that was current at the time the order was submitted. The correct and complete completion of all required data and information in the order form is a necessary condition for the validity of the order. The Seller reserves the right not to be bound by the obligation to conclude a purchase contract in the event that the order contains incomplete data, or if the Buyer is a person who has in the past materially failed to fulfil their obligations towards the Seller. The Seller is also entitled to reject an order if an obvious error occurs on the website in the price, description or image of the goods offered.

 

2.5. In the event that the Buyer’s order concerns goods that are not part of the Seller’s standard offer and are to be manufactured or specially modified according to the Buyer’s individual requirements, the Seller shall confirm receipt of the order by e-mail and shall send a design proposal to the Buyer’s e-mail address. The purchase contract is deemed concluded only after mutual confirmation and approval of the design of the goods, their price, and any further conditions concerning payment and the process of manufacturing the goods.

 

2.6. The Seller normally uses its own materials for the manufacture of the goods. Material provided by the Buyer will be used only if its use is technically feasible and the Buyer explicitly insists on such use. The Seller is not liable for the quality of the material provided by the Buyer, nor for its possible unsuitability for the manufacture of the goods.

 

III.

Payment Terms

3.1. The Seller shall commence performance under the purchase contract only after full payment of the purchase price has been made. The Buyer receives the tax document (invoice) together with the goods. The risk of damage to the goods passes to the Buyer upon handover of the goods to the carrier or, in the case of personal delivery, upon the Buyer taking over the goods. Title passes to the Buyer only upon full payment of the purchase price.

 

3.2. The Buyer may pay the price of the goods and any costs associated with their delivery under the purchase contract to the Seller in the following ways:

 

1. by bank transfer to the Seller’s account number: 2701292017/3030; 
2. cashlessly by payment card,
3. by other means of electronic payment such as QR code, Apple Pay, Google Pay and the like;
4. in cash, but only up to the amount of CZK 270,000.   

 

3.3. In addition to the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless specifically stated otherwise, the purchase price automatically includes the amount covering the costs of delivery of the goods.

 

IV.

Delivery of Goods and Transport

 

4.1. The manufacture of the goods begins after full payment of the price of the goods or, by mutual agreement, after payment of part of the price of the goods as a deposit. Unless otherwise agreed between the Contracting Parties, the standard delivery time for goods ordered in this way is  up to 5 weeks from the commencement of manufacture. In the case of goods created according to the Buyer’s individual design, manufacture begins only after the Buyer has approved that design of the goods. The delivery period for such goods is determined individually and the Seller shall provide the Buyer with an estimate thereof. In the event that it is not possible to meet the specified delivery date, the Seller shall inform the Buyer of this fact by electronic mail. Goods marked in the online shop with the status “in stock” are ready for delivery without undue delay. 

 

4.2. In the event that, under the purchase contract, the Seller is obliged to deliver the goods to a place designated by the Buyer in the order, the Buyer is responsible for taking over the goods upon their delivery. If the Buyer fails to take over the goods upon delivery, or upon repeated delivery, the Seller is entitled to withdraw from the contract. In such a case, the Buyer is obliged to compensate the Seller for all damage incurred as a result of the withdrawal from the contract. 

 

4.3. If, for reasons on the part of the Buyer, the goods need to be delivered repeatedly, or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with such repeated or alternative method of delivery.

 

4.4. Upon taking over the goods from the carrier, it is important that the Buyer immediately checks the integrity of the packaging of the goods and immediately reports any signs of damage to the carrier. If the packaging is damaged in a manner indicating unauthorised access to the consignment, the Buyer need not accept the consignment from the carrier. In the event that the Buyer nevertheless accepts the goods, the Buyer is obliged to record the damage in detail in the handover report and to inform the Seller of the incomplete or damaged consignment. Although a later complaint concerning the incompleteness or external damage of the consignment does not prevent the Buyer from exercising the right to lodge a complaint, it gives the Seller the opportunity to prove that there was no breach of the terms of the purchase contract.

 

 V.

Withdrawal from the Purchase Contract

 

5.1. If the purchase contract was concluded with a Buyer who is at the same time a consumer, and by means of distance communication tools, i.e. not in person at the Seller’s registered office, such Buyer has, in accordance with Section 1829(1) of Act No. 89/2012 Coll., the right to withdraw from the contract within 14 days of taking over the goods. The consumer Buyer is not entitled to such right in the case of goods specially adapted at the consumer’s request or for the consumer personally. A consumer means a natural person who, when concluding the contract, is not acting within the scope of their trade or business activity. For the avoidance of all doubt, the consumer is entitled to the right to withdraw from the contract within 14 days only in the case where they purchased already manufactured goods with the status “in stock” in the online shop. In the case of any other bespoke manufacture, in particular goods that are not part of the Seller’s standard offer and are to be manufactured or specially modified according to the Buyer’s individual requirements, the consumer is not entitled to this right (even if it was agreed by means of distance communication tools).

 

5.2. A Buyer who decides to withdraw from the purchase contract within the above-mentioned period of 14 days may do so at least by means of an e-mail message sent to info@emmestudio.cz with the following wording: “I hereby withdraw from the purchase contract of DD.MM.YEAR, invoice number ………. and request the refund of the purchase price to bank account number _____/___.”, together with the date and signature. The Seller shall then confirm receipt of this withdrawal from the contract without undue delay. The goods must be returned by the Buyer to the Seller’s address within 14 days of sending the withdrawal, together with a copy of the withdrawal from the contract. The Buyer also has the option of returning the goods in person at the Seller’s registered office. 

 

5.3. The goods must be returned complete, unused, with all documentation and accessories, undamaged and in the original packaging. The Buyer acknowledges that in the event that the returned goods are for any reason damaged or worn, or if the goods are in any other way damaged, the Seller becomes entitled to compensation for the damage incurred. The Seller is entitled to set off this compensation for damage unilaterally against the Buyer’s claim for the refund of the full purchase price, and the Buyer expressly agrees to this.

 

5.4. The costs of returning the goods to the Seller are borne by the Buyer, including in the case where, due to their nature, the goods cannot be returned by ordinary post.  

 

5.5. The Seller undertakes to return the funds received from the Buyer within 14 days from the date of the Buyer’s withdrawal from the contract. The refund shall be made in the same manner in which the funds were received from the Buyer. However, the Seller is not obliged to return the money before receiving the goods back from the Buyer, or until the Buyer proves that the goods have been sent to the Seller. Furthermore, the Seller may return the funds to the Buyer as early as upon taking over the returned goods, or in another manner, provided that the Buyer agrees to this and that no additional costs arise for the Buyer as a result.

 

VI.

Rights Arising from Defects

 

6.1. The rights and obligations of both Contracting Parties concerning rights arising from defective performance are governed by the applicable generally binding legal regulations. The Seller warrants to the Buyer that the goods are free from defects upon takeover. Specifically, the Seller warrants that the goods:

 

• correspond to the agreed description, type and quantity, as well as to the quality, functionality, compatibility and any other agreed characteristics;
• are fit for the purpose for which the Buyer requires them and to which the Seller has given its consent.

 

6.2. The Seller also warrants to the Buyer that the goods, in addition to the agreed characteristics, meet the following criteria:

 

• they are fit for the usual purposes for which items of this kind are used, taking into account the rights of third parties, the applicable legal regulations, technical standards or codes of conduct of the given industry where no specific technical standards exist;
• they have the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, which are usual for items of the same kind and which the Buyer may reasonably expect, all of this also with regard to public statements made by the Seller or by other persons in the same contractual chain, for example in advertising or in the labelling of the product;
• they correspond in quality and workmanship to the sample or model that the Seller provided to the Buyer before the conclusion of the contract.

 

6.3. If the goods are not in conformity with the purchase contract upon takeover by the Buyer, the Buyer is entitled to demand the delivery of a new item free from defects, unless this is disproportionate given the nature of the defect. However, due to the handcrafted manufacture of the goods, it may not be possible to produce new goods that would be entirely identical to the original ones.

 

6.4. If the defect concerns only a certain part of the goods, the Buyer may demand the replacement of that part; if this is not possible, the Buyer is entitled to withdraw from the contract. If, however, the defect is of such a nature that it can be remedied easily and without undue delay, the Buyer is entitled to have this defect remedied free of charge.

 

6.5. If a defect in the goods becomes apparent within 12 months of their takeover, the goods are presumed to have been defective already at the moment of takeover. The Buyer is entitled to lodge a complaint concerning a defect within the warranty period, which lasts 24 months from the takeover of the goods. The warranty provided for the goods does not cover damage caused by improper handling or improper care, nor changes in the appearance of the goods caused by their ordinary wear and tear or natural ageing.

 

6.6. The Buyer is entitled to demand the delivery of new goods or the replacement of a part thereof even in the case of a remediable defect, if the goods cannot be properly used due to the repeated occurrence of the defect after its repair or due to the presence of several defects. In such cases, the Buyer is also entitled to withdraw from the purchase contract.

 

6.7. The Buyer is informed of and agrees that the color of the goods (including the stone), which may be affected by the use of natural materials, may differ from the color representation on the website. This difference in color is not considered a defect in the goods and cannot be grounds for lodging a complaint.

 

6.8. If the Buyer does not decide to withdraw from the contract and does not exercise the right to the delivery of new goods free from defects, to the replacement of a part of the goods or to their repair, the Buyer may demand a reasonable discount from the price of the goods. The Buyer also has this right to a discount in the event that the Seller is unable to deliver new goods free from defects, to replace the defective part or to repair the goods, as well as in situations where the Seller fails to remedy the defect within a reasonable period of time, or where the repair would cause the Buyer considerable difficulties.

 

VII.

Complaint Procedure

 

7.1. The Buyer may exercise the right to lodge a complaint concerning defective goods in writing at the address of the registered office or electronically at the e-mail address info@emmestudio.cz. The Seller shall inform the Buyer of the receipt of the complaint concerning the goods within 5 working days. The Seller shall settle the complaint concerning the goods in writing no later than within 30 days of its delivery and shall inform the customer thereof within the same period.

 

7.2. The Seller shall provide the Buyer who has lodged a complaint concerning the goods with written confirmation of the date of receipt of the complaint, its content and the requested method of settlement. The Seller shall further issue confirmation of the date and method of settlement of the complaint and, in the event that the complaint is rejected, shall provide written reasons for this decision. 

 

7.3. The Buyer may send the defective goods for a complaint by means of a transport service or bring them in person to the address of the Seller’s registered office or to its business premises. The moment of lodging the complaint is deemed to be the moment when the Seller physically receives the goods subject to the complaint from the Buyer. In the event that the complaint is acknowledged as justified, the Buyer is entitled to reimbursement of the postage costs in the amount necessarily incurred.

 

7.4. When sending goods subject to a complaint, it is important that the goods are properly secured and marked with the word “COMPLAINT”. The consignment should contain:

 

1. the goods subject to the complaint, including all accessories, parts and any gifts that were part of the original packaging (for such a case, the Seller recommends adequately insuring the consignment against its destruction or loss);
2. a detailed description of the defect that is the subject of the complaint;
3. sufficient contact details of the Buyer, in particular the return address and telephone number;
4. a copy of the proof of purchase.

 

Without the information and documents listed above, identifying the origin and nature of the defect in the goods may be difficult or impossible.

 

VIII.

Protection of Intellectual Property Rights

 

8.1. The Buyer acknowledges that the goods manufactured or modified by the Seller, including photographs of these goods, promotional materials, photographs, images, markings of the goods and the content of the website, are works of the Seller and are protected under the Czech Copyright Act, the Czech Trade Marks Act and the relevant provisions of the Czech Civil Code concerning unfair competition.

 

8.2. Without the Seller’s prior written consent, the Buyer is not entitled to manufacture or have manufactured copies of the goods, nor to resell them, or to distribute or copy promotional materials, photographs and other similar content.

 

8.3. The Seller is entitled to revoke this consent at any time. As the author of the goods, the Seller is entitled to manufacture identical or similar goods for another buyer without the need for the consent of the original Buyer.

 

8.4. The purchase contract does not grant the Buyer any rights to industrial or other intellectual property, such as trade marks, trade names, corporate logos of the Seller or of other persons whose products form part of the Seller’s commercial offer, unless expressly stipulated otherwise. Rights to protection against unfair competition remain unaffected and fully preserved.

 

8.5. If the goods are manufactured or modified according to the Buyer’s design, the Buyer warrants that such manufacture or modification will not infringe the copyright, industrial rights or trade mark rights of third parties. The Buyer undertakes to indemnify the Seller in the event that such infringement of rights occurs.

 

8.6. In a situation where the Seller manufactures or modifies goods on the basis of the Buyer’s idea or design, or in cooperation with the Buyer, the Buyer grants the Seller a non-exclusive licence to this design free of charge and without any time or territorial limitations. This licence enables the Seller to manufacture and reproduce goods according to this design for the purposes of its business activity.

 

8.7. The Buyer expresses their consent to photographs of the goods they have purchased being published on the Seller’s website, on the internet, on social networks and in promotional materials, unless expressly agreed otherwise.

 

8.8. The Buyer is aware that the elements forming the web interface of the shop, including photographs of the goods offered, are protected by copyright. The Buyer undertakes not to take any steps that could enable them or third parties to interfere without authorisation with, or to make unauthorised use of, the software or other components of the web interface of the shop. The Buyer is informed of and agrees that the Seller is not liable for errors arising as a result of unauthorised interference by third parties with the website, or in the event that the website is used in a manner contrary to its intended purpose or to the instructions for use.

 

IX.

Processing of Personal Data

 

9.1. The Seller is entitled to process the Buyer’s contact and identification data and other data related to the purchase contract in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council, known as the GDPR. This processing is justified on the basis of the fulfilment of legal obligations, the performance of the contract, as well as in cases of the Seller’s legitimate interest, including direct marketing purposes such as informational and product campaigns.

 

9.2. The Seller is entitled to process the Buyer’s personal data for the duration of the purchase contract and, after its termination, for the period strictly necessary for the protection of the Seller’s legitimate interests and for the fulfilment of legal obligations, such as bookkeeping, debt recovery, legal disputes, warranty periods and the like.

 

9.3. The Seller may obtain the Buyer’s personal data in connection with the conclusion of the purchase contract, through direct contact with the customer or potentially from third parties. In accordance with Articles 15 to 22 of the GDPR, the Buyer has the right to request free access to their personal data, to obtain a copy thereof, to request the rectification or erasure of the data, or to restrict its processing. The Buyer also has the right to object to processing and profiling and to exercise the right to data portability. Where necessary, the customer has the right to lodge a complaint with the competent supervisory authority.

 

9.4. The Buyer is aware that, for the purposes of the performance of the purchase contract, the Seller may transfer their personal data stated in the purchase contract to third parties involved in the performance of this contract. This enables these third parties to transfer the customer’s personal data back to the Seller, where this is necessary for the purposes of the realisation and proper performance of the purchase contract.

 

9.5. The Buyer grants consent to the Seller sending them information concerning goods, services or the business itself to their electronic address. At the same time, the Buyer also consents to the sending of commercial communications to this electronic address.

 

9.6. The Buyer consents to the storing of so-called cookies on their electronic device. In the event that it is possible to visit the Seller’s online shop and to perform the obligations arising from the purchase contract without the need to store cookies on the Buyer’s device, the Buyer has the right to withdraw this consent at any time.

 

X.

Final Provisions

 

10.1. The primary form of communication between the Seller and the Buyer is established via e-mail, and only using the e-mail address: ___________. In the event that the Buyer prefers to communicate with the Seller by postal services, the Buyer bears the costs associated with this form of communication. Even in such a case, the Seller nevertheless reserves the right to reply by e-mail if the Buyer provides their e-mail address.

 

10.2. All contractual relationships concluded between the Seller and the Buyer are subject to the legal order of the Czech Republic. Specifically, these relationships are governed by the provisions of Act No. 89/2012 Coll., the Czech Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection.

 

10.3. In accordance with the provisions of Section 1820(1)(s) of the Czech Civil Code and Section 14(1) et seq. and Section 20d of Act No. 634/1992 Coll., on Consumer Protection, the Seller informs that the consumer has the option of submitting a proposal for the out-of-court resolution of a consumer dispute to the Czech Trade Inspection Authority (Česká obchodní inspekce), which is the body for the out-of-court resolution of consumer disputes. The form for submitting a proposal and further information are available on the website of the Czech Trade Inspection Authority, https://adr.coi.cz. For the sake of completeness, the Seller emphasises that no provision of these terms and conditions excludes the consumer’s right to bring their claim directly before a civil court.

 

10.4. In the event that a relationship arising on the basis of the purchase contract or related to the use of the website includes an international (foreign) element, the Contracting Parties have agreed that this relationship shall be governed by Czech law. This arrangement does not, however, affect the rights of consumers arising from generally binding legal regulations, including the regulations of European Union law.

 

10.5. If any provision of these terms and conditions is invalid or ineffective, or if such a provision becomes invalid or ineffective, it shall be replaced by a new provision whose content and meaning are as close as possible to the original invalid provision. The invalidity or ineffectiveness of one particular provision does not affect the validity of the remaining provisions of the terms and conditions.

 

10.6. These terms and conditions come into effect on 1 February 2024.