Terms and Conditions
I.
Basic provisions
- These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")
ArtMoment Ltd.
ID: 14104156
EU TAX ID: CZ14104156
Billing Address: Pod Cihelným vrchem 1030, 264 01 Sedlčany
Contact Information:
E-mail: info@artmoment.cz
Landline: +420 212 24 05 05
Website: www.artmoment.cz
- These Terms and Conditions govern the mutual rights and obligations of the Supplier and the natural person who concludes a purchase contract outside his/her business activity as a consumer or course participant, or within his/her business activity (hereinafter referred to as "Customer") via the web interface located on the website, or the binding registration form available at www.artmoment.cz. (hereinafter referred to as the "Website").
- The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Contract are concluded in the English language.
II.
Subject of performance
- The subject of the performance is the provision and conduct of an "experiential painting evening" as a one-off course or workshop for the public announced for the relevant date and a defined time period, or for a date and a defined time period designated for a private event, on the basis of e-mail communication with the client (hereinafter referred to as the course).
- The experiential painting evening (course) does not serve to teach painting, but to develop creativity and support individual creativity. The characteristics of the courses are listed, i.e. publicly available, on the supplier's website www.artmoment.cz
III.
General Arrangements
- The Supplier undertakes to comply with the published conditions for the provision and conduct of the experience evening (course), especially in terms of timing, scope, price, quality of performance and lecturing.
- The client is obliged to pay for the course properly and on time and to contact the supplier in case of non-attendance well in advance.
- The Supplier has the right to cancel the Client's reservation if payment is not made within 48 hours of the reservation being made or if the Client cannot be contacted by phone or e-mail, primarily due to the limited capacity of the course being blocked for other interested parties.
- The Supplier is obliged to provide the necessary art supplies and materials for drawing, painting and making the painting.
- The Client acknowledges that the Supplier is not responsible for the outcome of the Client's painting on any given course.
- The Supplier is obliged to properly inform the Client about the correct and safe handling of the art tools and paints available on the course.
- The client is obliged to accept full responsibility for damages caused at the venue by inattention, irresponsible behaviour and failure to follow the advice and recommendations of the lecturers and organisers (contractors).
IV.
Date and implementation of the training
- The basic experience evening is held on a predetermined date. It is a one-off course within a fixed time frame, lasting 3 hours as a rule, unless otherwise stated in advance.
- The start of the course is always specified in advance in the registration form and on the supplier's website www.artmoment.cz.
- The Supplier reserves the right to postpone the start and end of the course if this is necessary for technical reasons.
- In the event that the course cannot be started for serious reasons, the Supplier is entitled to choose an alternative method of providing the course. The client will be notified of this in advance.
- The Supplier reserves the right to cancel the course due to not meeting the minimum capacity of the course (minimum number of 8 persons). The Supplier is obliged to inform the Client of this fact no later than 1 working day before the start of the course. The Supplier is obliged to offer the Client an alternative solution (the possibility of attending the course on another date, transferring the amount paid to an individual alternative date or refunding the amount paid). In this case, the amount paid is fully refundable.
- The Supplier reserves the right to cancel the course due to complications in booking the venue with a third party. The Supplier is obliged to inform the Client of this fact immediately after receiving this information from the third party. The Supplier is obliged to offer the Client an alternative solution (possibility to attend the course on another date, transfer of the amount paid to an individual alternative date or refund of the amount paid). In this case, the amount paid is fully refundable.
V.
Payment terms and service price
- The price for the relevant course is determined according to the price list of the supplier's courses published on the Internet at www.artmoment.cz and is indicated in the order of the customer in the binding registration form.
- The price for the course includes one experiential evening of painting, the necessary art supplies and materials, instructions on how to use them correctly and individual consultation. The price also includes one drink from the supplier's offer, provided by a third party (restaurant, café, etc.) in which the course is held.
- Consumption of beverages in excess of those specified in the course specification or payment terms is fully covered by the client, as is the consumption of food.
- In the event that payment is not made within 48 hours of making the booking, the supplier has the right to cancel the booking due to limited capacity.
- To expedite and confirm the booking, confirmation of the transaction already made by the customer to the supplier's bank account specified in advance will be accepted.
- The price for the course can be paid by bank transfer or by using a gift voucher.
- Payment by bank transfer - When paying in this form, the customer will be provided with the necessary information for making the payment. Subsequently, an invoice will be issued. The customer is obliged to observe the due date of the tax document. If the payer is a legal entity, the customer is obliged to indicate the ID number and registered office of the legal entity.
- Payment by gift voucher - When paying by gift voucher, the client is obliged to indicate this fact in the notes of the supplier's registration form and to present the gift voucher to the supplier's responsible employee. The voucher serves as one-time payment.
VI.
Complaints
- If the client is dissatisfied with the quality of the instruction, he/she is obliged to inform the supplier of this fact in person, by one of the organizers, or by a lecturer present at the course, or in writing, e.g. by e-mail or by means of a complaint form available from the supplier on request (can be sent by e-mail).
- A claim can be made up to the beginning of the third block of the course, more precisely the third hour from the beginning of the course, which the client is aware of and agrees to. If the client has missed the first course blocks, the deadline for making a claim will not be postponed. Claims arising from liability for defects shall be extinguished if they are made late.
- The Supplier shall acknowledge receipt of the electronic complaint form within 2 working days at the latest.
- The Supplier reserves the right to examine the reasons for the complaint and, if it is found to be justified, to propose a solution to the Client, e.g. in the form of allowing participation on a different date, or refunding the price paid to the Client - the choice of such a solution is always up to the Supplier (in all cases it is a refund of an adequate part of the course fee, i.e. after deduction of the amount for the blocks or course time already taken).
- The Supplier, or an employee authorised by the Supplier, undertakes to decide on the complaint immediately, if possible, or within 5 working days. In complex cases where it is necessary to verify the reasons for the complaint, e.g. by distributing satisfaction questionnaires to other course participants, conducting a course visit, consulting with the lecturer, etc., the Supplier will decide within 4 weeks of the date of receipt of the complaint.
- Obstacles on the part of the customer will not be recognised as a relevant reason for the complaint. This is primarily a change in time availability, loss of reason for attending the course due to a change in the circumstances under which the client enrolled.
- Cancellation of a lesson by the supplier will also not be accepted as a relevant reason for the complaint. However, the supplier undertakes to arrange an alternative date for the course.
- The Supplier shall not be liable for failure to fulfil obligations under the Contract, which have occurred as a result of force majeure.
- The Customer is aware of its obligations arising from this paragraph of the GTC, agrees to them and undertakes to comply with them.
- A request for a change of order as well as withdrawal from the contract must always be sent by the customer in writing, i.e. by e-mail. A request for a change of order is deemed to have been received if the Supplier has acknowledged receipt in writing. The Supplier undertakes to acknowledge receipt within 24 hours of receipt.
- A customer who has entered into a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
VII.
Customer's personal data
- All information provided by the Client in working with the Supplier is confidential and will be treated as such. Unless the Customer gives written permission to the Seller, the Customer's data will not be used by the Seller in any way other than for the purpose of performance under the contract, except for the e-mail address to which commercial communications may be sent, as this is permitted by law, unless expressly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, e-mail or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.
- For more detailed information on data protection, please refer to the Privacy Policy HERE
IX.
Out-of-court dispute resolution
- The Czech Trade Inspection Authority (Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs) is competent for out-of-court settlement of consumer disputes arising from a purchase 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 under the purchase contract.
- The European Consumer Centre Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, 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).
- The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
X.
Final CONDITIONS
- Unless these GTC or the agreements of the parties provide otherwise, the legal relations between the parties shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended.
These terms and conditions shall come into force on 23.07.2020.