TERMS AND CONDITIONS

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These general terms and conditions ("Terms and Conditions") of the business entity of Jan Radosta, who acts only as a reseller of the works of Johanka Hibschová, with registered office in Dražice, ID No. 09825355, registered in the Trade Register maintained by the Ministry of Industry and Trade (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of you, as the buyer, and us, as the seller, arising in connection with or on the basis of a purchase contract (the "Contract") concluded through the E-shop on the website https://www.johankahibschova.com/, through the web interface (hereinafter referred to as the "E-shop web interface").

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All the information about the processing of your personal data is contained in the Policy for handling your data, which can be found here Policy for handling your data.

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The provisions of these Terms and Conditions form an integral part of the Agreement. The Agreement and the Terms and Conditions are in Czech and English. We may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms.

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As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of means of distance communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website ("E-shop web interface").

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If any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.

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1. SOME DEFINITIONS

1.1 The Price is the amount of money due to the Seller in connection with the purchase of the Goods.

1.2 The Price for delivery is the sum of money payable by You for the delivery of the Goods, including the cost of packing them;

1.3 The Total Price is the sum of the Price and the Shipping Charge;

1.4 The Invoice is a tax document issued in accordance with the Value Added Tax Act in respect of the Total Price;

1.5 The Order is Your binding proposal to enter into a Contract for the purchase of Goods with Us;

1.6 You are the person purchasing on Our E-Shop, referred to by law as the Buyer;

1.7. The Goods are anything you may purchase on Our E-shop.

1.8. E-Shop - an online shop on the Web Portal, the purpose of which is to display, select and order goods.

1.9 Civil Code - Act No. 89/2012 Coll., the Civil Code, as amended.

1.10. Copyright Act - 121/2000 Coll. on copyright, on rights related to copyright and on

amendments to certain acts (Copyright Act)

1.11. Buyer/Customer - a natural person/entrepreneurial natural person/legal person who, on the basis of an order of goods made through the E-shop, concludes a purchase contract with the Seller.

1.12. Consumer - a person who, outside the scope of his/her business activity or outside the scope of independent exercise of his/her profession, concludes a contract with the entrepreneur or otherwise deals with him/her.

1.13. Purchase Contract/Contract - a contract concluded between the Seller and the Customer on the basis of an order of goods from the E-shop within the meaning of § 2079 et seq. of the Civil Code.

1.14. Consumer Contract - a contract for the purchase of goods, the parties to which are the Seller and the Consumer.

1.15. User - a person who uses the E-shop.

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2. General provisions and instructions

2.1 The purchase of Goods is possible only through the web interface of the E-shop.

2.2 When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and truthful.

2.3 We also provide access to reviews of the Goods made by other buyers on Our E-Shop. We ensure and control the authenticity of such reviews by linking the reviews to specific Orders, so that we can see the linked Order ID for each review in our internal system and are able to verify and prove that the review is from a real buyer.

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3. CONTRACT CONCLUSION

3.1 The Purchase Contract and the Terms and Conditions are written in Czech and English. The contract of sale can only be concluded in Czech or English at the choice of the buyer.

3.2 The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.

3.3 In order for Us to enter into the Contract, You must create an Order on the E-Shop. This must include the following information:

a) Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing, Shop "Add to Cart");

b) Information about the Price, Shipping Charge, Total Price payment method and desired delivery method of the Goods; this information will be entered as part of the Order creation within the E-Shop user interface, and the Price, Shipping Charge and Total Price information will be provided automatically based on the Goods, delivery and payment method you have selected;

c) Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address.

3.4 During the creation of the Order, the Customer may change and check the data until the Order is completed. After checking by pressing the "Submit Order and Pay" button, the Order will be completed. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to complete the Order. The check box is used to confirm and agree. After pressing the "Send Order and Pay" button, all completed information will be sent directly to us.

3.5 We will confirm your Order as soon as possible after it is received by Us by a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order is the point at which the Contract is concluded.

3.6 There may be occasions when we are unable to confirm an Order to you. This includes situations where the Goods are not available or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not be surprising to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract will be concluded at the time You confirm Our offer.

3.7 In the event that a manifestly incorrect Price is quoted within the E-shop or in the Order, We shall not be obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. The new Contract is then concluded when You confirm Our offer. An apparent error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a missing or missing digit.

3.8 In the event that the Contract is concluded, You shall be obliged to pay the Total Price.

3.9 In some cases we allow you to use a discount code to purchase Goods. In order for a discount to be granted, you must complete the discount code about that discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

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4. copyright in photographs, texts, logos and videos published on the E-shop

4.1 Real photographs, videos, texts and logos (Johanka Hibschová) published on the E-shop are copyrighted works within the meaning of § 2 of Act No. 121/2000 Coll., Copyright Act, as amended (hereinafter referred to as the "Copyright Act").

4.2. Photographs and videos taken by a professional photographer, provided by a supplier, subcontractor or manufacturer are used under licence.

4.4 Copyright may not be interfered with by a third party without the granting of a licence, i.e. photographs, texts, logos or videos are not intended for free use. Otherwise, the Author is entitled to claim copyright protection.

4.3 The Buyer or visitors to the e-shop may not modify, copy, reproduce, distribute or use its contents for any purpose without the consent of the Seller. In particular, free or paid access to photographs and texts placed on the web interface, including NFT and artificial intelligence, is prohibited.

4.4 The Seller reserves the right to amend these provisions if necessary in accordance with applicable law

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5. copyright in the purchased goods

5.1 The Buyer acknowledges that the Purchased Goods (originals, reproductions, copyright prints) are works of authorship within the meaning of Section 2 of Act No. 121/2000 Coll., Copyright Act, as amended ("Copyright Act"), and as such are subject to the protection of this Act.

5.2 The Buyer acknowledges and agrees that these works shall not be used except for his/her personal use, i.e. they shall not be published, reproduced in any form, distributed, printed, sold, rented, or in any way imitated or remade, modified or devalued, unless otherwise stated. NFT (Non-fungible token), printing, reproduction or distribution for profit or non-profit purposes is not permitted. No artificial intelligence tool may be used within the author's work.

5.3 Buyer acknowledges and agrees that all rights to; distribute, publish, imitate or reproduce and sell are fully retained by the author (Johanka Hibsch).

5.4 The Buyer acknowledges and agrees that by purchasing the goods (original, reproduction, author's print and other products purchased through this web interface) or any other goods sold through the E-shop web interface, the Buyer does not become the owner of the idea captured in the author's work (purchased goods) and no license is granted to the Buyer.

5.5 The Buyer acknowledges that photographs of the purchased goods may be placed on social networks (Facebook, Instagram...) as long as the photographs of the works do not allow third parties to reproduce, copy or otherwise further damage the work or the author.

5.6 The purchaser acknowledges that the author proves that the work is an original or limited edition print of the author by enclosing a Certificate of Authenticity of the work with a unique holographic code. The Buyer acknowledges and agrees that this certificate is issued only by the artist from whom the goods were purchased through the aforementioned E-shop web interface; and may not be further copied or scanned, imitated or forged by the Buyer, or issued to other works of art, in order to preserve its uniqueness.

5.7 The Buyer acknowledges and agrees that in the event of infringement (as per clauses 4.2-4.7), the Buyer is committing an infringement of copyright, under the Copyright Act, intellectual property rights or other rights protected by this Act, and may be subject to penalties under applicable law.

5.8 The Seller reserves the right to amend these provisions if necessary in accordance with applicable law

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6. provisions on the retention of copyright of the product upon donation

6.1 The Buyer acknowledges and agrees that upon gift, transfer or sale of goods purchased through the E-Shop on the https://www.johankahibschova.com/ website, all copyrights associated with the purchased goods, as further defined in Sections 4 and 5, remain with the author in accordance with copyright law. The Copyright includes all rights provided by copyright law, including the distribution, publication, imitation or reproduction and subsequent sale of the purchased works through the E-shop web interface.

6.2 The Buyer confirms that the retention of the copyright of the product upon donation is not linked to a specific identity or data of a third party.

6.3 The Buyer agrees that no notification or approval from the Seller will be required in the event of the copyright of the product remaining in the donation.

6.4 The Buyer is responsible for informing the donee of the copyright associated with the Product and ensuring that the donee complies with all terms of the Copyright Act and any copyright associated with it and defined above (in clauses 4 and 5).

6.5 The Seller reserves the right to amend these provisions if necessary to comply with applicable law.

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7. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

7.1 The price is always indicated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.

7.2 Payment of the Total Price will be required from You after the Contract has been concluded and before delivery of the Goods. You may pay the Total Price by the following methods:

(a) Wire transfer to the Seller's account. We will send you information for making the payment as part of the Order confirmation. The Order will be confirmed upon receipt of payment to the bank account specified below:

- Seller's account No. 123-3360360257/0100 held with Komerční banka, a.s. (hereinafter referred to as "Seller's account").

- IBAN: CZ72 0100 0001 2333 6036 0257

b) By online card. In this case, payment is made through the payment gateways offered through Wix.com and used in our e-shop, adhering to the standards set by PCI-DSS, which is administered by the PCI Security Standards Council, a joint effort of Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure that credit card information is processed securely by our store and its service providers, and payment is governed by the terms of that payment gateway.

c) All direct payment gateways offered by Wix.com and used by our company adhere to the standards set forth by PCI-DSS, which is administered by the PCI Security Standards Council, a joint effort of Visa, Mastercard, Discover, AMEX, Diners, American Express, CUP, JCB and Maestro. PCI-DSS requirements help ensure the secure processing of credit card information by our store and its service providers.

d) Cash on Delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment on delivery, the Total Price is payable on receipt of the Goods.

7.3 An invoice will be issued electronically upon payment of the Total Price and will be sent to your email address. The invoice will also be physically attached to the Goods.

7.4 Title to the Goods will only pass to You once You have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by credit to Our account, otherwise it is paid at the time of payment.

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8. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

8.1 The goods will be delivered to you within 3-14 days by the method of your choice, whereby you can choose from the following options:

(a) Personal collection at the company's delivery points.

b) Delivery via PPL

c) Home delivery by HD;

8.2 Goods can be delivered to the Countries available from the choice of transport when creating the order. Delivery to Countries not listed in the selection can be arranged by agreement. The shipping price will then be communicated to the customer individually according to the Country of delivery, via email, web chat or social networks.

8.3 The delivery time of the Goods always depends on their availability and on the chosen delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time.

8.4 Upon receipt of the Goods from the Carrier, it is Your responsibility to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the Carrier and Us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your obligation to accept the Goods from the Carrier.

8.5 In the event that You breach Your obligation to accept the Goods, except in accordance with clause 8.4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to withdraw from the Contract, the withdrawal shall be effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Shipping Charge or for damages, if any.

8.6 If, for reasons arising on Your part, the Goods are redelivered or delivered in a different manner from that agreed in the Contract, it is Your responsibility to reimburse Us for the costs of such redelivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.

8.7 The risk of damage to the Goods shall pass to You when You take delivery of them. In the event that you do not take delivery of the Goods, except in accordance with clause 8.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

8.8 In the event that the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been given, we will always inform you if:

(a) an extraordinary failure in the production of the Goods and we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;

b) a delay in the delivery of the Goods from Our Supplier and We will always tell You the new expected delivery time.

 

9. DEFECTIVE PERFORMANCE RIGHTS

9.1 We warrant that at the time the risk of damage to the Goods passes under clause 8.7 of the Conditions, the Goods are free from defects, in particular that the Goods:

(a) corresponds to the agreed description, type and quantity as well as quality and other agreed characteristics;

b) is fit for the purpose for which you require it and to which we agree;

c) it is fit for the purpose for which Goods of that kind are normally used;

9.2 The rights and obligations regarding the rights of defective performance are governed by the applicable generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

9.3 In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 8.1 are not fulfilled, You may notify Us of such defect and exercise Your rights under the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses indicated in Our identification data. You may also use the sample form provided by Us for making a claim, which is attached as Appendix 1 to the Terms and Conditions. In exercising the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right You have exercised.

9.4 We offer copyright, fine art prints, original artwork and other products of the highest possible quality. We endeavour to offer prints from the highest quality photographs of artwork taken, however some colour calibrations may vary between devices. Print colors may vary on the device through which the product was purchased versus the actual product. Limited edition prints (non-returnable): all limited edition purchases are non-returnable due to their finality and high quality standards.

9.5 If the Goods are defective, you have the following rights:

(a) to remedy the defect by supplying new Goods without the defect or by supplying the missing part of the Goods;

unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method, which will be judged in particular by reference to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you.

9.6 We shall be entitled to refuse to remedy a defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the Goods would have had without the defect.

9.7 You are also entitled to:

(a) a reasonable discount on the Price; or

b) withdrawal from the Contract,

if:

(a) we refuse to remedy the defect or fail to remedy it in accordance with the law;

b) the defect is repeated,

c) the defect is a material breach of the Contract; or

d) it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to you.

9.8 There is no right to withdraw from the Contract if the defect in the Goods is insignificant.

9.9 If you have caused the defect in the Goods yourself, you shall not be entitled to rights under the defective performance.

9.10 A defect in the Goods is not wear and tear caused by normal use of the Goods or, in the case of second-hand Goods, wear and tear corresponding to the extent of their previous use.

9.11. When you make a claim, we will issue you with a written confirmation stating:

(a) the date on which you made the claim;

b) what the claim is about;

c) what method of settlement you require;

d) your contact details for the purpose of providing information about the handling of the claim.

9.12. Unless we agree on a longer period of time, we will provide you with information on the possible method of handling the claim within 30 days of receipt of the claim to the contact details provided. If this period expires in vain, you may withdraw from the Contract or demand a reasonable discount.

9.13. We will inform You by e-mail of the settlement of the claim and issue You with a confirmation of the date and method of settlement of the claim. If the claim is justified, you will be entitled to a refund of the reasonable costs incurred. You are obliged to provide evidence of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.

9.14. If You are a consumer, You have the right to exercise Your rights under the defective performance for defects that occur in consumer Goods within 24 hours of receipt of the Goods.

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10. withdrawal from the contract

10.1 Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this Article or in other provisions of the Conditions in which the possibility of withdrawal is expressly mentioned.

10.2 In the event that you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within 14 days from the date of receipt of the goods. In case we have concluded a Contract, the subject of which is several pieces of Goods or delivery of several parts of the Goods, this period starts on the date of delivery of the last piece or part of the Goods, and in case we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it starts on the date of delivery of the first delivery.

10.3. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, the Buyer may not withdraw from, among other things, a contract for the supply of Goods which have been customised to the Buyer's wishes or for the Buyer's person, a contract for the supply of limited edition Goods, a contract for the supply of perishable Goods and Goods, which has been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.

10.4 You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the model form provided by Us for withdrawal, which is attached as Appendix 2 to the Terms and Conditions.

10.5 However, even as a consumer, You may not withdraw from the Contract in cases where the subject matter of the Contract is the performance referred to in Section 1837 of the Civil Code.

10.6 The withdrawal period pursuant to Article 8.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period.

10.7 In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, You are obliged to return the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
10.8 In the event of cancellation of the Contract, the Price will be refunded to You within 14 days of the effective date of cancellation to the account from which it was credited or to the account selected by the canceller. However, the amount will not be refunded until We have received the Goods or You have provided Us with evidence that they have been returned to Us. Please return the Goods to Us clean, including the original packaging where possible.
10.9 However, in the event that You withdraw from the Contract pursuant to clause 8.2 of the Conditions, You shall be liable to Us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise You with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks and mortar shop. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for reimbursement of the Price.

10.10. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Article 6.1 of the Conditions. We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order. In the event that you are purchasing the Goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

11.    DISPUTE RESOLUTION WITH CONSUMERS

11.1 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.
11.2 We handle consumer complaints via the electronic address johanka.hibschova@gmail.com. We will send information about the handling of the complaint to the buyer's electronic address.
11.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

11.4 The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

12. FINAL PROVISIONS

12.1 If our legal relationship with you has an international element (e.g. we send goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
12.2 All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.

12.3 The Contract may only be amended by written agreement between us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect Contracts already entered into, but only Contracts entered into after the amendment takes effect. 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 from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next delivery of Goods after the change takes effect. The notice period in the event that you give notice is 2 months.
12.4 In the event of Force Majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for any damage caused as a result of or in connection with the Force Majeure event and if the Force Majeure condition continues for more than 10 days, We and You shall have the right to withdraw from the Contract.
12.5 A sample claim form and a sample withdrawal form are attached to the Conditions.
12.6 The Contract, including the Conditions, is archived electronically with Us but is not accessible to You. However, You will always receive these Conditions and an Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.

12.7 These Terms and Conditions shall take effect from 14.04.2024.
 

 

ANNEX 1 - COMPLAINT FORM
Addressee. Johanka Hibschová, Na Vyhlídce 448/62, 190 00 Praha 9 - Prosek, johanka.hibschova@gmail.com
Application of the complaint
Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Goods being claimed:
Description of defects Goods:
Proposed method for handling the complaint:
I also request a confirmation of the claim stating when I exercised this right, what is the content of the claim, what method of claim settlement I require, together with my contact details for the purpose of providing information on the claim settlement.

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Date:
Signature: 

 

ANNEX 2 - WITHDRAWAL FORM
Addressee. Johanka Hibschová, Na Vyhlídce 448/62, 190 00 Prague 9 - Prosek, johanka.hibschova@gmail.com
I hereby declare that I withdraw from the Contract:
Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Specification of the Goods to which the Contract relates:
Method for reimbursement of funds received or bank account number:

If the buyer is a consumer, he/she has the right to order the goods through the e-shop https://www.johankahibschova.com/ ("the business entity of Jan Radosta, which only acts as a reseller of the works of Johanka Hibschová") or other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll, Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or, in the case of the purchase of goods, within 14 days of receipt of the goods. In the case of a contract involving several items of goods or the delivery of several parts of goods, this period shall not begin until the date of delivery of the last item or part of the goods, and in the case of a contract under which the goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.

The Buyer shall notify the Business Entity of such withdrawal in writing to the address of the Business Entity's business premises or electronically to the e-mail address indicated on the model form. 

If the consumer purchaser withdraws from the purchase contract, he shall send or hand over to the business operator the goods he has received from the business operator without undue delay, and at the latest within 14 days of withdrawal from the purchase contract. 

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If the consumer purchaser withdraws from the purchase contract, the business entity shall reimburse the consumer, without undue delay and no later than within 14 days of the withdrawal from the purchase contract, all funds (purchase price of the goods delivered), including delivery costs, received from the consumer under the purchase contract in the same manner. If the Buyer has chosen a delivery method other than the cheapest method of delivery offered by the Business Entity, the Business Entity shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. 

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Date: 
Signature: