Terms and conditions

These terms apply to the sale of paintings to consumers through www.terezakotek.cz and through direct communication (by e-mail, on social media or in person). In case of doubt, the Czech version prevails.

1. Seller

Mgr. Tereza Kotek, company ID (IČO) 87283808, Brožovského 1383/3, 274 01 Slaný, Czech Republic, e-mail kotektereza@gmail.com. Registered in the Trade Register kept by the Municipal Office of Slaný. I am not registered for VAT. Complaints and returned paintings can also be sent to this address.

2. How buying works

The website is for presentation and non-binding enquiries. Prices shown on the website are indicative; the price stated in my offer is binding.

Before the contract is concluded, I will send you an offer by e-mail with a description of the painting or the commission brief, the final price, delivery costs, payment method and delivery date, together with these terms and the withdrawal form. The contract is concluded when your acceptance of the offer reaches my e-mail. I will confirm the conclusion of the contract in writing. The contract is concluded in Czech or, if agreed, in English.

3. Payment

You can pay by bank transfer in advance, or by transfer or in cash when the painting is handed over in person, as stated in the offer. The due date is stated in the offer, usually 7 days. Until payment, the painting is held for you only.

4. Delivery

I will pack the painting carefully and send it by courier with insured shipping, or hand it over in person at my studio in Slaný or at an agreed place. The method, cost and date of delivery are stated in the offer; delivery abroad is possible by agreement.

The risk of damage to the painting passes to you on receipt. Please check the packaging when you receive it. If it is damaged, have the carrier record the damage or refuse the parcel, and let me know as soon as possible.

5. Withdrawal from the contract

A consumer may withdraw from a distance contract without giving any reason within 14 days of receiving the painting, even if collected in person. It is enough to send a clear statement to the e-mail or postal address above within this period. You may use the form below, but it is not mandatory. You may also withdraw before receiving the painting.

Please send back or hand over the painting no later than 14 days after withdrawing. You bear the direct cost of returning it. For a painting that cannot be returned by normal post, I will give you an estimate of this cost in the offer in advance. You are liable for any loss of value caused by handling the painting beyond what is necessary to establish its nature and characteristics; this does not apply if I failed to inform you of your right of withdrawal as required by law.

I will refund the payment, including the original delivery cost, without undue delay and no later than 14 days after your withdrawal, using the same payment method you used, unless you agree to another method at no extra cost to you. Delivery costs are refunded up to the cost of the cheapest delivery method offered, not counting personal collection. I may withhold the refund until I receive the painting back or you prove it has been sent, whichever is earlier, unless I have offered to collect it myself.

Under Section 1837(d) of the Czech Civil Code, the right of withdrawal without reason does not apply to a painting made to your individual specifications or clearly personalised; I will point out this exception before the contract is concluded. The law does not grant this right for purchases made in person at my studio. Rights arising from defects and other statutory grounds for withdrawal remain unaffected.

6. Commissioned paintings

We will agree on the brief, price, deposit, how work already done will be valued, and the deadline by e-mail before the contract is concluded. I start painting once the deposit is paid. The deposit counts towards the price and the balance is paid before handover, unless agreed otherwise.

You can cancel a commission by e-mail. If work has not started yet, I will refund the deposit in full. Once work has started, you will pay the documented cost of materials already used or irreversibly purchased and the price of the work done according to the valuation method agreed in advance, without counting any cost twice, and in total no more than the agreed price of the commission. I will settle the deposit and refund any overpayment within 14 days of cancellation. This does not limit your statutory rights in case of defects or breach of contract on my part.

7. Hand painting and care

Every painting is a hand-painted original. Colours in photographs may differ slightly from reality depending on your screen, and the canvas shows traces of hand painting, such as paint texture or small irregularities. These are natural characteristics of hand painting, not defects.

Protect the painting from prolonged direct sunlight, moisture and radiant heat (fireplace, radiator).

8. Rights in case of defects

I am responsible for the painting having the agreed characteristics and meeting legal requirements on receipt. You can claim a defect that appears within two years of receipt. If it appears within the first year, it is presumed to have existed on receipt, unless the nature of the painting or of the defect rules this out. This period does not run while you cannot use the painting because of a justified claim.

You can ask for repair or for a new painting, unless the chosen remedy is impossible or disproportionately costly compared with the other. For a unique original, providing a new painting may be impossible. I will remedy the defect free of charge, within a reasonable time and without significant inconvenience to you; I will collect the painting for repair at my own expense.

You can ask for a reasonable discount or withdraw from the contract if I refuse to remedy the defect or do not remedy it properly, if the defect recurs, if it is a material breach of contract, or if it is clear that I will not remedy it within a reasonable time or without significant inconvenience to you. You cannot withdraw because of an insignificant defect; it is up to me to prove that the defect is insignificant. If you withdraw because of a defect, I will refund the price without undue delay after receiving the painting back or proof that it has been sent.

9. How to make a complaint

You can make a complaint by e-mail, by post or in person at the address in Article 1. Please state the purchase, a description of the defect, the remedy you are asking for and how to contact you. You may attach photos, but they are not required. Please provide the cooperation needed to assess the defect.

I will give you written confirmation of the date of the complaint, its content, the remedy requested and your contact details. I will deal with the complaint, including remedying the defect, and inform you of the result within 30 days at the latest, unless we agree on a longer period. If this period passes without result, you may withdraw from the contract or ask for a reasonable discount. I will confirm the date and method of settlement, details and duration of any repair, or give written reasons for rejection. If your complaint is justified, you are entitled to reimbursement of costs reasonably incurred.

10. Copyright

By buying a painting you acquire ownership of the physical work, not a licence to copy it, print reproductions of it or use it in any other way that requires the author's consent. Such use is possible only with my permission. Statutory exceptions and limitations of copyright, including use for personal needs, remain unaffected.

11. Complaints and out-of-court dispute resolution

You can send a complaint to kotektereza@gmail.com. An unresolved consumer dispute can be settled out of court by the Czech Trade Inspection Authority: coi.gov.cz/en/information-about-adr/. A proposal can be filed within one year of first raising your claim with me. If you are a consumer from another EU country, you can also contact the European Consumer Centre Czech Republic: evropskyspotrebitel.cz/en. You may always take the matter to court.

12. Final provisions

The contract is governed by Czech law. If the buyer is a consumer habitually resident in another EU country, they do not lose the protection afforded by the mandatory provisions of the law of their country.

I process personal data in accordance with the Privacy Policy: terezakotek.cz/en/privacy

I may change these terms. A contract already concluded is governed by the version in force on the day it was concluded, which I will send you with the offer.

13. Withdrawal form

Complete and return this form only if you wish to withdraw from the contract. Using the form is not mandatory. Form to download and print: terezakotek.cz/withdrawal-form.pdf

To: Mgr. Tereza Kotek, Brožovského 1383/3, 274 01 Slaný, Czech Republic, kotektereza@gmail.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following painting:
Painting:
Ordered on / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is sent on paper):
Date:

(*) Delete as appropriate.