General Terms and Conditions

These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through an online portal located on the web interface www.klaraprosova.com (hereinafter referred to as "web interface") between the entrepreneur

Klára Prosová, with its registered office at Vestecká 549, 252 50 Vestec, Czech Republic

Company ID: 88757790

is not a VAT payer

entered in the trade register kept by the Černošice Municipal Office

telephone number: +31 616 222 094

contact email: klarapros25@gmail.com

as a service provider or seller

and by you as a service user or buyer.

  1. INTRODUCTORY PROVISIONS

1.1. Summary of the content of the terms and conditions

By contract, we undertake to provide you with a service, resp. you deliver the goods specified in the order, and you undertake to pay us for the service or the goods and take over the goods. In order to conclude the contract, you need to place an order and for it to be accepted by us (according to Article 2). Information on prices can be found in Article 3. Possible methods of payment can be found in Article 4. The conditions for the provision of services and the conditions for the delivery of goods can be found in Article 5, resp. 6. Information on the possibility of withdrawal from the contract is in Article 7 and your rights from defective performance, including the complaint procedure, can be found in Article 8.

1.2. What services do we provide and what goods do we offer?

We provide video editing, illustration, animation services, and other digital assets creation.

In addition to the above services, you can also purchase goods that we offer on the web interface via the web interface.

The Provider is not responsible for the decision you make as a user of the service or the customer of the goods, which you make on the basis of the provided information, or for any damage or other harm that may occur to you or third parties in this connection.

1.3. Is it a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you order a service or goods outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions.

The contract here means a contract for the provision of services, a purchase contract or another similar contract, on the basis of which we undertake to provide you with a service or to deliver goods.

1.4. What governs our mutual rights and obligations?

First of all, the contract, which consists of the following documents:

these terms and conditions, which define our mutual rights and obligations;

the conditions and instructions given on the web interface, in particular when concluding the contract;

the order and its acceptance by us,

and in matters not regulated by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:

Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code");

Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).

If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than the Czech law, then you are provided with this higher level of protection.

1.5. How do you agree to the terms and conditions?

By sending the order and also by confirming on the web interface, you confirm that you have read and agree with these terms and conditions.

1.6. What else should you know about business conditions?

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or inapplicable, the provision that most closely resembles it shall apply instead. This does not affect the validity of other provisions.

We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they arose. Business conditions can only be changed or supplemented in writing.

2. A CONCLUSION OF THE CONTRACT

2.1. How do we conclude a contract?

The web interface contains a list of services and goods, including a description of the main features of each item. Please note that the presentation of services and goods on the web interface is of an informative nature and is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. In order to conclude the contract, it is necessary for you to send the order in accordance with these terms and conditions and for this order to be accepted by us.

2.2. How to place a service order?

The web interface displays a contact form, which must be filled in and provide your name, your contact details and other required information. You may also provide this information via social media chat function. Based on these answers, we will offer you suitable services.

To place a binding order for the service, we will ask you to provide necessary information and we consider the data stated in the correspondence to be correct and complete. Inform us about their change immediately by phone or e-mail.

The contract is concluded when we confirm the receipt of the service order by us to the e-mail address you specified in the order or via social media chat.

We will agree upon the date and time of providing the service. In this case, the contract is concluded when we mutually agree on the date and time of providing the service via email, social media chat, or phone.

2.3. How to place an order for goods?

You can always place an order via the web interface (by filling out the form) or in another way that we allow according to the information on the web interface. The order must contain all the information prescribed in the form.

To place a binding order, press the PURCHASE button. We consider the data stated in the binding order to be correct and complete. Inform us about their change immediately by phone or e-mail.

The contract is concluded when you receive the order from us to the e-mail address you specified in the order.

Information on the individual technical steps leading to the conclusion of the contract can be seen from the web interface.

2.4. Common provisions for the ordering of services and goods

If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may reject an unverified order. Such an order is then viewed as if it had not been placed.

Before the binding sending of the order, you will be notified of a recapitulation of the order, including the final price, or you will be told how the final price will be calculated (depending on the chosen method of transport and payment when selling goods). We recommend checking especially the type and quantity of services or goods, e-mail and delivery address. As part of the recapitulation, you have the last opportunity to change the entered data.

Please note that for some services, you have a duty to cooperate when making an order (especially with regard to providing relevant and truthful information). If you do not provide us with this cooperation, we will not be able to provide you with the service properly. In this case, it is not a defective performance on our part.

2.5. Do you have the opportunity to obtain a contract in text form?

The documents forming the contract will be sent to you by e-mail.

We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.

3. PRICE

3.1. Can the price on the web interface change?

The prices stated for the presented services, goods and the price for packaging, transport and delivery remain valid as long as they are displayed in the web interface. If they are no longer current during the ordering process, we will notify you immediately. However, received orders are not affected by a change in price that occurred between the sending of the order and its receipt by us.

In the event that there is a clear technical error on our part when stating the price of the service or goods on the web interface or during ordering, we are not obliged to provide the service or deliver the goods for this obviously wrong price due to the appearance of our legal action under § 552 of the Civil Code. of the Code, event. for error according to § 571 of the Civil Code.

3.2. Is it possible to combine price discounts?

Any price discounts cannot be combined with each other, unless explicitly stated otherwise on the web interface.


4. PAYMENT TERMS

4.1. What payment methods do we accept?

You can pay the price of the service or goods in the following ways:

  • Cashless through a payment gateway;

  • cashless via PayPal;

  • cashless before providing the service or delivering the goods by transfer to our bank account (instructions will be given to you in the order confirmation).

Any other payment methods and any fees associated with some payment methods are listed on the web interface.

4.2. When does the price of the service or the purchase price become due?

In the case of non-cash payment before the provision of the service or before the delivery of the goods, the price is payable within five days of receipt; in the case of services, however, at the latest before the commencement of their provision. The price is paid when the relevant amount is credited to our bank account, payment gateway account or PayPal. If we do not receive the price at the due date, we reserve the right to withdraw from the contract.

4.3. Can we require a deposit or prepayment?

Please note that in accordance with § 2119 par. 1 of the Civil Code, we are entitled to ask you to pay the full price (or deposit) before sending the goods or providing the service.

5. PROVISION OF THE SERVICE

5.1. Common provisions for the provision of services

Services are always provided on the date and at the time specified in the order, or at the date and time we agree.

We reserve the right to make the necessary changes in the parameters of the service listed on the web interface, in particular to adjust the content of the ordered service. When making changes according to the previous sentence, the quality and length of the service provided will be maintained.

We reserve the right not to provide the service to you if the required minimum capacity for the provision of the service is not met. In this case, we have the right to withdraw from the contract. We will return the funds you have paid for the provision of the service to the bank account from which we received the money from you within 14 days, or in such a manner as you deem.

In the event that other services not listed here are offered on the web interface, the provisions of these terms and conditions shall apply, unless the nature of such service precludes it.

6. DELIVERY CONDITIONS OF GOODS

6.1. How do we send goods?

The methods of delivery of goods, including the amount of costs for delivery of goods are listed on the web interface. You can choose a specific method of delivery of goods in the order.

The final price will always be stated in the order, which already includes the costs of the chosen mode of transport.

6.2. When will we deliver the goods to you?

The delivery time of goods always depends on the type and amount of goods ordered, and on the chosen method of transport and payment. 

However, we cannot influence the delivery time of goods by external carriers.

For tracked orders, in case of problems related to the delivery time, contact us and we will solve the situation with the carrier.

Please read information provided in the Production and Shipping page before ordering. By proceeding with order of goods, you agree with the Production and Shipping times and delivery conditions.

Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to take over the goods, this fact is not considered a breach of the obligation to deliver the goods by us, nor a withdrawal from the contract by you.

You acquire ownership of the goods at the time of payment of the full purchase price.

6.3. How to proceed when taking over the goods?

Upon receipt of the goods, check the integrity of the packaging of the goods. If you find deficiencies, immediately inform the carrier and us. Failure to accept a shipment with damaged packaging will not be considered an unreasonable rejection of the goods.

At the moment of taking over the goods (or the moment when you were obliged to take over the goods, but you did not do so in violation of the contract), the responsibility for accidental destruction, damage or loss of the goods passes to you.

6.4. What happens if you do not take over the goods?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery.

In the event that you do not take over the goods without reason, we are entitled to reimbursement of costs associated with the delivery of goods and their storage, as well as other costs that we incur due to non-acceptance of the goods.

In the case of payment in cash when sending goods cash on delivery or personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed with the self-help sale of goods according to § 2126 of the Civil Code.

7. WITHDRAWAL FROM THE CONTRACT

7.1. How can you withdraw from the purchase agreement?

As a consumer, you can withdraw from the purchase contract without giving a reason within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend sending a notice of withdrawal from the purchase contract to our delivery address together with the goods or to an e-mail and immediately afterwards sending the goods to our delivery address. A sample form can be used to withdraw from the contract.

7.2. How do you return the goods to us?

You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send the goods cash on delivery, we are not obliged to accept them in this way.

We recommend attaching the returned goods:

  • a copy of the delivery note and invoice (if issued) or other document proving the purchase of the goods;

  • written statement on withdrawal from the contract (on our form or otherwise) and the chosen method of refund.

Failure to submit any of the above documents does not prevent the positive settlement of your withdrawal from the contract according to the legal conditions.

7.3. How can you withdraw from the service contract?

In accordance with the Civil Code, it is not possible to withdraw from contracts, the subject of which is creation of digital assets within a specified period. These services fall under contracts for the use of leisure time, if these services are provided within a specified period according to the provisions of § 1837 letter j) of the Civil Code.

You can withdraw from the services aimed at making the online content available within 14 days from the date on which you received the order confirmation from us. We recommend sending a notice of withdrawal to our delivery address or e-mail.

Please note that the activation key will not be delivered to you until after the 14-day period. If you are interested in delivering content earlier, check the appropriate button on the web interface. Please note, however, that if you expressly agree to the delivery of the service (online content) before the expiration of the period for withdrawal from the contract, you are not entitled to withdraw from the contract, according to the provisions of § 1837 letter. l) of the Civil Code.

7.4. What are the consequences of resignation?

Withdrawal from the contract terminates the contract from the beginning and treats it as if it had not been concluded.

If you have been provided with a gift together with the goods (or when ordering the service) with your consent, the gift contract ceases to be effective upon withdrawal from the contract by either party. Send the gift back to us together with the returned goods. The provisions for the return of goods pursuant to Articles 7.5 and 7.6 of the Terms and Conditions shall apply mutatis mutandis to the return of the gift.

7.5. When will you get your money back?

We will return all received funds to you within 14 days of withdrawal from the contract.

However, please note that we are not required to refund you before you return the goods to us or prove that you have sent us the goods.

In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery that we offer, we will refund the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.

We will refund your money in the same way we received it (unless you tell us otherwise within ten days of withdrawing from the contract and you will not incur any additional costs) or in the way you request it.

The costs associated with sending the returned goods to our address are borne by you, even if the goods cannot be returned by ordinary mail due to their nature.

7.6. What if the returned goods were damaged?

When sending, pack the goods in a suitable package so that it is not damaged or destroyed.

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you are responsible for this reduction in the value of the goods.

7.7. When is it not possible to withdraw from the contract?

In accordance with § 1837 of the Civil Code, it is not possible to withdraw from, for example, the following contracts:

  • on the provision of services, if they have been fulfilled with your prior express consent before the expiry of the withdrawal period, and you have been informed of this consequence;

  • on the supply of newspapers, periodicals or magazines;

  • on accommodation, transport, meals or the use of free time, if the entrepreneur provides these services within the specified period;

  • on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period, and you have been informed of this consequence.

7.8. When can we withdraw from the contract?

We reserve the right to withdraw from the contract in the following cases:

  • a technical error indicated a clearly incorrect price of a service or goods on the web interface (Article 3.1 of these Terms and Conditions);

  • we have not received the price of the service or goods from you at the due date, or you have not received the goods;

  • for objective reasons, it is not possible to provide the service under the original conditions;

  • goods for objective reasons (mainly because the goods are no longer produced, the supplier has stopped delivering to the Czech Republic, etc.) it is not possible to deliver under the original conditions or it is not possible to provide a service under the original conditions;

  • the capacity of the service is not filled (according to Article 5.2 of the Terms and Conditions);

  • performance becomes objectively impossible or illegal.

In the event that any of the above occurs, we will inform you immediately of our withdrawal from the contract.

If you have already fully or partially paid the price of the service, we will refund the amount received within five days of withdrawal from the contract, in cash to the account you provide for this purpose or from which you made the payment.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights from defective performance against us are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925 of the Civil Code) and, if you are a consumer, § 2099 to 2174 of the Civil Code). When exercising the rights arising from defective performance, we will proceed in accordance with the conditions set out below. Please note that your rights from defective performance in the case of the provision of services and the delivery of goods differ.

A. COMPLAINTS OF SERVICES

8.1. What defects are we responsible for?

We are responsible for ensuring that our service is not defective when provided and that it is provided in accordance with the contract. The service is free from defects when provided and is provided in accordance with the contract if:

  • corresponds to its description on the web interface;

  • it is provided on the agreed date and lasts for the agreed time;

  • is provided with due expertise and care;

  • complies with the requirements of the legislation.

8.2. What is the warranty period for the services provided?

The services provided by us can be claimed no later than six months from the date of provision of the service by us. However, we recommend that you make a complaint about the services without undue delay after you have discovered the defect, ideally during their provision. This will facilitate the complaint procedure.

8.3. What rights do you have from defective performance?

In the event that the service was provided to you defectively, you have in particular the right to:

a) free redress (especially for additional service provision);

b) reasonable discount on the price of the service;

c) withdrawal from the contract (only if the defective performance is a material breach of contract).

Any other rights arising from the applicable legislation are not affected by this provision.

B. COMPLAINTS OF GOODS

8.4. What defects of the goods are we responsible for?

As the seller, we are responsible for ensuring that the goods are free of defects upon receipt. This means that the goods on receipt in particular:

  • has the characteristics that have been agreed between us, which we describe, or which you could expect with regard to the nature of the goods and on the basis of advertising;

  • is in an appropriate quantity, measure or weight;

  • complies with legal requirements;

  • the goods are fit for the purpose for which we state or for which the purchased goods are usually used;

  • a situation in which we deliver goods other than those agreed between us is also considered a defect of the goods;

  • corresponds to the quality agreed between us, or the quality specified for the given type of goods by valid and effective legal regulations; and

  • it has no legal defects, ie it has no property rights to the goods 3. the person and the goods are equipped with the documents necessary for the proper use of the goods.

We are also responsible to consumers for ensuring that these defects do not occur during the warranty period. If you are not a consumer, the statutory warranty period according to Article 7.5 is not provided to you. Article 7.5 applies only to consumers.

We do not provide any guarantee for quality beyond the statutory warranty period for consumers.

The difference in color shades in reality and on electronic display devices cannot be considered a defect of the goods. If the goods do not correspond to your idea, if you are a consumer, you have the right to withdraw from the contract within 14 days of receipt of the goods.

8.5. What is the warranty period for the delivered goods?

For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified in the web interface, in the documents accompanying the goods or in the advertisement.

If the date of minimum durability is indicated on the goods, or in the case of a perishable item, the period for which the item can be used is stated, the warranty period lasts until such date.

In the event that the goods are replaced or repaired, for new goods, resp. Replaced parts and spare parts do not run a new warranty period. However, in such a scase, the warranty period is extended by the period during which you could not use the goods due to a defect, i.e. in particular by the period during which the goods are under repair.

8.6. What rights do you have from defective performance?

Your rights from defective performance are governed by the Civil Code, in particular § 2099 to 2117, and also § 2165 to 2174.

In accordance with the above provisions, you have in particular the following rights:

a) Addition of what is missing

If we deliver the goods to you in a smaller quantity than agreed, or if we deliver incomplete goods to you, you have the right to supplement what is missing.

b) Discount from the purchase price

If there was a defect in the goods or the defect occurred during the warranty period upon receipt of the goods, you can always request a reasonable discount from the purchase price.

c) Replacement of goods or defective parts of goods

You can always request the replacement of goods or defective parts of goods if this is not disproportionate to the nature of the defect (ie especially if immediate repair of the item is not possible) and if it is not only a minor breach of contract.

You do not have the right to exchange the goods if only a part (part) of the goods is defective. If during the complaint procedure we come to the conclusion that only a part of the goods is defective, we will replace this part for you.

You cannot request an exchange of goods for goods used or sold at a lower price. Instead, you can request a discount on the purchase price.

d) Repair things

If the goods can be repaired, you have the right to rectify the defect free of charge. If it turns out during the complaint procedure that we are not able to repair the goods, we will inform you immediately and you can choose another method of handling the complaint listed here.

e) Refund (withdrawal from the contract)

You can only request a refund if:

  • the delivery of a defective or incomplete item by us constitutes a material breach of contract; or

  • we are unable to eliminate a defect for which you cannot use the goods properly, or we are unable to replace goods with this defect (eg the goods are no longer manufactured); or

  • you cannot use the goods properly for the recurrence of a defect after repair (occurrence of the same defect after at least two previous repairs); or

  • there are a large number of defects on the goods (simultaneous occurrence of at least three remediable defects, each of which prevents the proper use of the goods); or

  • we will not meet the deadline for settling the complaint / we will not arrange a remedy within 30 days of the complaint being lodged.

The condition for exchanging goods or refunding (withdrawal from the contract) is that you return the item in the condition in which you received it. Exceptions are cases where:

a) the condition has changed as a result of an inspection in order to detect a defect in the item;

b) you used the thing before the defect was discovered;

c) you have not made it impossible to return the thing in its unaltered state by your actions or omissions; or

d) you sold the item before the defect was discovered, consumed it, or altered the item in normal use; if this is only partially the case, you will return to us what else you can return and give us compensation up to the amount in which you benefited from the use of the item.

C. COMMON PROVISIONS ON THE COMPLAINTS OF GOODS AND SERVICES

8.7. When can the rights arising from defective performance not be exercised?

You do not have the rights from defective performance if:

  • you knew of the defect before providing the service or delivering the goods;

  • you caused the defect yourself;

  • the warranty period has expired.

The warranty and liability claims for defects in the goods also do not apply to:

  • wear and tear of the goods caused by their normal use;

  • defects in the goods used corresponding to the degree of use or wear and tear that the goods had at the time you took them over;

  • items sold at a lower price - only in relation to the defect for which the lower price was agreed; or

  • things if this follows from their nature (especially goods which, by their nature, cannot last for the entire duration of the warranty period).

8.8. How to proceed with a complaint?

File a complaint with us without undue delay from the discovery of the defect.

Complaints can be made by e-mail, telephone or in writing. When making a complaint, we recommend that you describe as accurately as possible what you see as a defect in the service or goods. This will speed up the complaint process.

The moment of making a complaint is the moment when we have been notified of the occurrence of a defect and the right of liability for defects in the service provided has been exercised.

We decide on the received complaint immediately, in complex cases within three working days. This period does not include a reasonable time required for a professional assessment of the defect. The complaint (including the eventual elimination of the defect) will be settled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.

In accordance with the Civil Code, you have the right to reimbursement of purposefully incurred costs in making a complaint. Please note that you must exercise the right to reimbursement of these costs within one month of the expiry of the period within which the defect must be alleged.

9. ADDITIONAL CONSUMER INFORMATION

9.1. What authorizations do we have to perform our activities?

We are authorized to provide services and sell goods on the basis of a trade license. Our activities are not subject to any other permit.

9.2. How do we handle complaints?

We handle any complaints via our contact e-mail. You can also contact the relevant trade licensing office or the Czech Trade Inspection Authority.

9.3. What are your rights in the event of a consumer dispute?

If you are a consumer and if a dispute arises between us under the contract, which we cannot resolve directly, you have the right to contact the Czech Trade Inspection Authority with this dispute (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, web interface: www.coi.cz, www.adr.coi.cz, electronic contact: adr@coi.cz, telephone: +420 296 366 360) or at the Association of Czech Consumers, Act (address: Charles IV 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, phone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You can exercise this right no later than 1 year from the day when you first exercised the right that is the subject of this consumer dispute with us.

You can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/ to lodge a complaint about the services or goods you have purchased from us and to find an ADR entity. odr /.

10. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

10.1. Is the content of the website protected by copyright?

The content of the website placed on the web interface (texts including terms and conditions, photographs, images, videos, logos, software and more) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.

Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.

10.2. Responsibility and use of the web interface

We are not responsible for errors caused by third party interventions in the web interface or as a result of its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the function of the system or place an unreasonable burden on the system.

If you engage in any illegal or unethical conduct while using the web interface, we may restrict, suspend or terminate yousr access to the web interface without any compensation. In this case, you are also obliged to compensate us for the damage that was demonstrably caused by your actions under this paragraph, in full.

Please note that clicking on some links in the web interface may cause you to leave the web interface and be redirected to websites, including third party websites.

These terms and conditions are valid and effective from 9th September 2021.