Terms and conditions

1. Introductory provisions

1.1. These business terms and conditions (hereinafter referred to as the “business terms and conditions”) of a natural person doing business under the Trade Licensing Act, Martin Tížek, ID: 21085552, with registered office at Anglická 4119/8, 796 04 Prostějov, entered in the trade license register kept by the Prostějov City Hall (hereinafter referred to as the “ seller"), regulate the mutual rights and obligations of the seller and the buyer arising in connection with or on the basis of a purchase contract concluded through the seller's online store.

1.2. The online store is operated by the seller on the website www.dmt-art.cz (hereinafter referred to as the "website").

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. These terms and conditions are an integral part of the purchase contract.

2. Conclusion of the purchase contract

2.1. All presentation of goods placed on the website is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

2.2. The purchase contract is concluded by sending the order by the buyer and its acceptance by the seller. The seller will confirm the acceptance of the order by e-mail to the address provided by the buyer.

2.3. The Buyer acknowledges that the Seller begins production of the ordered goods only after receipt of the order.

3. Price of goods and payment terms

3.1. The prices of goods are listed including all taxes and fees.

3.2. The Buyer may pay the price of the goods in the following ways:
a) by bank transfer to the seller's account
b) via a payment gateway,
c) cash on delivery upon receipt of the goods.

4. Delivery terms

4.1. The Seller will deliver the goods to the Buyer within 3-5 business days of receiving the order, unless otherwise stated for the specific goods.

4.2. Shipping costs are listed on the website and the buyer agrees to them when submitting the order.

5. Rights arising from defective performance

5.1. The seller is responsible for ensuring that the goods are free from defects upon receipt. In particular, the seller is responsible for ensuring that the goods:
a) corresponds to the description given on the website,
b) it is suitable for the purpose stated by the seller,
c) is of appropriate quality and design.

5.2. The buyer is obliged to report the defect without undue delay after discovering it, but no later than 24 months from receipt of the goods.

5.3. The warranty does not apply to defects caused by:
a) normal wear and tear, for example fading of the print during washing,
b) improper use, maintenance or storage of the goods,
c) damage caused by the buyer.

5.4. The complaint can be submitted electronically to the e-mail address [Your e-mail] or in writing to the seller's address.

6. Withdrawal from the contract

6.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 letter d) of the Civil Code, it is not possible to withdraw from the contract for the delivery of goods that have been modified according to the wishes of the Buyer or for his person (custom-made goods).

7. Out-of-court dispute resolution

7.1. The buyer has the right to contact the Czech Trade Inspection Authority (www.coi.cz) with a proposal for out-of-court settlement of a consumer dispute.

8. Protection of personal data

AND.

Basic provisions

1. The personal data controller pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as: “ GDPR ”) is Martin Tížek, Company ID: 21085552, with its registered office at Anglická 4119/8, 796 04 Prostějov, registered in the trade register kept by the Prostějov City Hall (hereinafter referred to as the “Seller”)

2. The contact details of the controller are:

address: Anglická 4119/8, 796 04 Prostějov

e-mail: tizmann@seznam.cz

phone: +420 608 714 364

3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

4. The controller has not appointed a data protection officer.

II.

Legal basis and purpose of processing personal data

1. The lawful basis for processing personal data is:

• fulfillment of the legal obligation of the controller pursuant to Article 6(1)(c) of the GDPR,
• the legitimate interest of the controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) of the GDPR,
• Your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) of the GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain information society services, in the event that no order for goods or services has been made.

2. The purpose of processing personal data is

• processing your order and exercising the rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact), providing personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data, it is not possible to conclude the contract or for the administrator to fulfill it,
• fulfillment of legal obligations towards the state,
• sending commercial communications and carrying out other marketing activities.

3. The controller does not carry out automated individual decision-making within the meaning of Article 22 of the GDPR. You have provided your explicit consent to such processing.

III.

Data retention period

1. The administrator stores personal data

• for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
• for the period until consent to the processing of personal data for marketing purposes is revoked, up to 15 years if personal data is processed on the basis of consent.

2. After the expiry of the personal data retention period, the administrator will delete the personal data.

IV.

Recipients of personal data (subcontractors of the controller)

1. Recipients of personal data are persons

• involved in the delivery of goods/services/payments under the contract,
• providing e-shop operation services (Shoptet) and other services related to the operation of an e-shop,
• providing marketing services.
• They provide accounting

2. The controller does not intend to transfer personal data to a third country (a country outside the EU) or an international organization.

IN.

Personal data processors

1. The processing of personal data is carried out by the controller, but personal data may also be processed on its behalf by the following processors:

• Mailchimp service provider,
• transport service providers Zásilkovna.cz, Zaslat.cz
• Tax office Jelínek sro
• Payment gateway ČSOB as
• Operation of the e-shop Shoptet.cz

VI.

Your rights

1. Under the conditions set out in the GDPR, you have

• the right to access your personal data pursuant to Article 15 of the GDPR,
• the right to rectification of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR,
• the right to erasure of personal data pursuant to Article 17 of the GDPR,
• the right to object to processing pursuant to Article 21 of the GDPR,
• the right to data portability pursuant to Article 20 GDPR and
• the right to withdraw consent to processing in writing or electronically to the address or e-mail of the administrator specified in Article III of these terms and conditions.

2. You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated, or to go to court.

VII.

Personal data security conditions

1. The Administrator declares that it has taken all appropriate technical and organizational measures to secure personal data.

2. The controller has taken technical measures to secure data repositories and personal data repositories in paper form.

3. The administrator declares that only persons authorized by him have access to personal data.

VIII.

Final provisions

1. By submitting an order from the online order form, you confirm that you are familiar with the terms and conditions of personal data protection and that you accept them in their entirety.

2. You agree to these terms and conditions by checking the consent box via the online form. By checking the consent box, you confirm that you are familiar with the terms and conditions of personal data protection and that you accept them in their entirety.

3. The Administrator is entitled to change these terms and conditions. The Administrator will publish the new version of the personal data protection terms and conditions on its website and will also send you the new version of these terms and conditions to the email address you provided to the Administrator.

These terms and conditions come into effect on December 1, 2020.

9. Final provisions

9.1. These terms and conditions come into force and effect on January 4, 2025.

9.2. The Seller reserves the right to change these Terms and Conditions. The new version will be published on the website.