Terms and Conditions

I. BASICS

1.1. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") are in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code of the Czech republic (hereinafter referred to as the "Civil Code").

Kristýna Konieczná – tyiart

ID Number: 10718796
VAT: CZ9661105520

Address: Alžírská 1502, Ostrava, 708 00

Contact:
E-mail: tyiart.business@gmail.com
www.tyiart.eu

1.2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activities as a consumer or within their business activities (hereinafter referred to as the "buyer") via the web interface located on the website available at the internet address www.tyiart.eu (hereinafter referred to as the "online store").

1.3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract.

1.5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

II. INFORMATION ABOUT GOODS AND PRICES

2.1. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

2.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

2.3. Information about the costs associated with packaging and delivery of goods is published in the online store.

2.4. To order goods, the buyer fills out an order form in the store's web interface. The order form contains, in particular, information about:

• 2.4.1. the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface),
• 2.4.2. the method of payment for the purchase price of the goods, data on the requested method of delivery of the ordered goods,
• 2.4.2. the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

2.5. The Seller is compliant with the General Products Safety Regulation (GPSR) by keeping all safety information on a dedicated site www.tyiart-gpsr.crd.co as well as on each product's packaging, that goes into the European Union.

2.6. In the online store, the display of prices of goods may be switched to different currencies than the Czech crown. The final order payment is always made either in EURO or in Czech crowns. All other currencies are there for guidance only 

III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

3.1. The buyer places an order for goods by filling out an order form without registration.

3.2. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

3.3. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The seller considers the data provided in the order as correct and accurate. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

3.4.  The buyer sends the order to the seller by clicking the "Order" button.

3.5. The Seller shall immediately upon receipt of the order confirm receipt to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address"). This confirmation is automatic and is not considered to be the conclusion of a contract. The Seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the Seller has accepted the order. Notification of acceptance of the order is delivered to the Buyer's e-mail address. This confirmation is considered to be the conclusion of a purchase contract.

3.6. In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send the Buyer an amended offer to his/her electronic address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his/her electronic address specified in these Terms and Conditions.

3.7. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.

3.8. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of the Seller's acceptance of the order. The Buyer may cancel the order in writing to the Seller's email address specified in these Terms and Conditions.

3.9. In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer information about the cancellation of the order to his electronic address.

IV. PAYMENT TERMS

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways: 

• by payment card (cashless) via the Stripe service

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.3. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not an advance payment.

4.4. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract. In the case of cash payment, the purchase price is payable upon receipt of the goods.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

4.7. According to the Sales Registration Act, the seller is obliged to issue a receipt (invoice) to the buyer.

4.8. The Seller is not responsible for any import or customs fees that might occur depending on the Buyer's country's VAT laws.

V. DELIVERY OF GOODS

5.1. If the ordered goods are in stock, the seller will ship them within 7 working days from the date the order was confirmed by the seller to the buyer.

5.2. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

5.3. For correct delivery, it is necessary to enter a telephone number in the order where the buyer can be reached.

5.4. The choice of delivery method is made when ordering goods.

5.5. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via the delivery office to the delivery office address specified by the buyer

5.6. The seller issues a tax document – ​​invoice to the buyer. The tax document is sent to the buyer's email address.

5.7. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

5.8. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

5.9. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.

VI. WITHDRAWAL FROM THE CONTRACT

6.1. A buyer who has concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.

6.2. The withdrawal period is 14 days from the date of receipt of the goods.

6.3. The buyer cannot, among other things, withdraw from the purchase contract

• for the delivery of goods that have been modified according to the buyer's wishes or for his person,
• for the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• for the delivery of goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygiene reasons,
• for the delivery of goods that are intended for single use and the buyer has already used them,
• in other cases specified in Section 1837 of the Civil Code of the Czech republic.

6.4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

6.5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

6.6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

6.7. If the buyer withdraws from the contract, the seller shall immediately, but no later than within 14 days of withdrawal from the contract, return to the buyer all funds, including delivery costs, received from him, in the same way. The seller shall return to the buyer the funds received in another way only if the buyer agrees to this and if this does not incur additional costs. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall return to the buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

6.8. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he has sent the goods to the seller.

6.9. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

6.10. The Seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in the manner specified by the Buyer.

VII. RIGHTS ARISING FROM A DEFECT

7.1. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:

• 7.1.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,
• 7.1.2. the goods are suitable for the purpose for which the seller states their use or for which goods of this type are usually used,
• 7.1.3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
• 7.1.4. the goods are in the appropriate quantity, measure or weigh,
• 7.1.5. and the goods comply with the requirements of legal regulations

7.2. The buyer is not entitled to the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself. The seller has obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance last. The buyer is otherwise entitled to claim the right to claim a defect that occurs in consumer goods within twenty-four months of taking over.

7.3. In the event of a defect, the buyer may submit a complaint to the seller and request:

• 7.3.1. exchange for new goods,
• 7.3.2. a reasonable discount on the purchase price,
• 7.3.3. or withdrawal from the purchase contract.

7.4. The buyer has the right to withdraw from the contract:

• 7.4.1. if the goods have a significant defect,
• 7.4.2. if he cannot use the item properly due to the repeated occurrence of the defect or defects after repair,
• 7.4.3. or if there are a large number of defects in the goods.

7.5. In the event of a defect that constitutes a non-material breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

7.6. A material breach of contract is one that the party breaching the contract knew or should have known at the time of concluding the contract, and that the other party would not have concluded the contract if it had foreseen the breach.

7.7. When making a complaint, the buyer is obliged to inform the seller of the right he has chosen. Changing the choice without the seller's consent is only possible if the buyer has requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

7.8. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.

7.9. If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to satisfy the buyer's claim.

7.10. The buyer cannot complain about discounted goods for the reason for which the goods are discounted.

7.11. The seller shall decide on the complaint immediately within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the complaint is considered the moment when the buyer's will is expressed (the exercise of the right from defective performance) to the seller. The seller informs the buyer in writing about the result of the complaint.

7.12. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. COMMUNICATIONS, PERSONAL DATA AND COOKIES

8.1. The Buyer shall deliver correspondence to the Seller to the electronic address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the electronic address specified in the order.

8.2. The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without the storage of cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

8.3. All information provided by the buyer during the cooperation is confidential and the seller will treat it as such. The seller will not use it in any way other than for the purpose of fulfilling the contract, except for the electronic address to which commercial communications may be sent to the buyer, as this procedure is permitted by law, unless the buyer refuses it. These communications may only concern similar or related goods and can be unsubscribed from at any time in a simple way (by sending a letter, email or clicking on the link in the commercial communication). The electronic address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

8.4. For more detailed information on personal data protection, please see the Privacy policy.

IX. OUT-OF-COURT DISPUTE RESOLUTION

9.1. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within the scope of its competence by the relevant trade license office. The Czech Trade Inspection Authority, to a limited extent, also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

9.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

9.3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point pursuant to 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).

X. FINAL PROVISIONS

10.1. All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

10.2. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.

10.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

10.4. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components constituting the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.

10. 5. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

These terms come into effect on January 1st, 2026.