General terms and conditions for the Graciano gallery, ID number: 69751587, with registered office at Kounicova 293/61, Brno, 602 00

Introductory Provisions

These general terms and conditions (hereinafter referred to as „T&C“) apply to purchases in the online store https://graciano.cz/, which is operated by Michal Gratcl, IČO: 69751587, with registered office at Kounicova 293/61, Brno, 602 00, registered in the trade register by the municipality of the city of Brno (hereinafter referred to as „the Seller“). The buyer is a consumer or an entrepreneur. If the contracting party is a consumer, relations not regulated by these GTC are governed by the Civil Code (Act No. 89/2012 Coll.) and the Protection Act consumers (Act No. 634/1992 Coll.). In the event that the buyer is not a consumer, the provisions of § 1812 – 1867 of the Civil Code do not apply. By placing an order, the buyer confirms that he has read these GTC and that he agrees with them.

Processing of personal data

The protection of the buyer's personal data is ensured in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of this data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) (hereinafter referred to as the „GDPR Regulation“) For the purpose of fulfilling the purpose of the purchase contract and for the purpose of maintaining a user account, the buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number and bank account number, if provided. The seller undertakes to protect all personal data. Without express consent, it will not hand them over to a third party for processing, unless it is necessary to fulfill its contractual obligations. The Seller further processes the Buyer's data determined on the basis of his identification and possible control, the reason for which is to prevent the legalization of the proceeds of crime and the financing of terrorism, in accordance with Act No. 253/2008 Coll., on certain measures against the legalization of the proceeds of crime and terrorist financing. The scope of the data is given by the relevant forms for the identification and control of the Buyer. The legal basis is the fulfillment of a legal obligation. If the Buyer refuses to provide the required personal data based on this legal requirement, the transaction will not be carried out. Another beneficiary may be the Financial Analytical Office or the Czech Trade Inspection within the scope of its activities. Saving for this purpose takes:

for a period of 5 years, if the value of the business is lower than 250,000 CZK, and
in other cases, for a period of 10 years from the completion of the transaction. During this time, all forms and other documents obtained on the basis of identification and possible control will be stored in a folder for the given transaction and in lockable areas with limited access (only relevant employees and members of the Seller's bodies) . After this time, all such documents will be shredded

The administrator of personal data is the Seller.The seller does not collect or process sensitive data. The seller has not appointed a personal data protection officer because it is not a public authority or a public entity, the main activities do not consist of processing operations that would require extensive regular and systematic monitoring of persons, nor extensive processing of special categories of data. The seller processes personal data by its own means, using mechanical, electronic and organizational means of security to protect them, in electronic form in an automated way or in printed form in a non-automated way, there is no automatic individual decision-making. The seller does not intend to transfer personal data to a third country (a country outside the EU) or an international organization, with possible exceptions specified in this document. Under the conditions set by the GDPR Regulation, the entity has the right to request from the Seller access to its personal data, the right to correct or delete its personal data, or limit its processing, as the case may be, the right to object to the processing of personal data, as well as the right to the portability of its personal data. The buyer is not obliged to provide his personal data for the purpose of sending commercial messages and it is not a condition for concluding a contract

If the Buyer has given explicit consent to the processing of the provided personal data for the purposes of sending business communications and for the purposes of other direct marketing activities, the following rules apply to the personal data thus provided:

in addition to legal reasons (in particular, accounting records and warranty for sold goods), personal data are provided mainly for the purpose of sending commercial messages and informing about various events organized or co-organized by the Seller; in the case of personal data provided for the purpose of disseminating commercial messages, the Seller may in particular monitor the delivery and opening of sent e-mails, registering participation in events organized by the Seller and monitoring the activity of the subject of personal data on the website of the Seller, can also link all personal data with authorized personal data listed about the subject of personal data in publicly accessible sources, subjects of personal data and personal data combine into logical units and profile personal data subjects based on them;
contact data are processed in the scope of first and last name, telephone and email connections, identification of accounts on social networks;
the legal basis is the consent of data subjects (i.e. addressees of business communications);
the period for which the personal data will be stored by the Seller is determined by the consent given or for the period of time that the given data are current (e.g. until they are corrected), otherwise a maximum of 25 years;
The buyer has the right to object at any time to the processing of his personal data for the purposes of direct marketing, including profiling.

The data subject can withdraw his consent at any time in the same or as simple way as he previously gave consent, and the Seller will allow this. For each consent, specific tools will be provided as to how the data subjects can revoke it, while it will also be possible to do so by sending an e-mail. The withdrawal of consent does not affect the lawfulness of the processing of personal data that was processed between the granting of consent and its withdrawal. The seller will have proof of this fact (either written or electronic) for the entire period of consent. If the data subject withdraws consent, all contact data that the Seller does not process for another reason (e.g. auctioneer registration) will be irretrievably deleted or anonymized. Refusing to receive further messages is free of charge, except for telecommunications costs. Cookies policy: The seller monitors and stores the IP addresses of users in order to record access to its pages and e-shops. IP addresses are not passed on to third parties, and the Seller uses technical and organizational measures to secure them, and the rights specified in this document apply to them. It uses cookies to facilitate the use of its website and e-shop and to log in and evaluate website traffic by individual users. The validity of cookies is usually one year from their acceptance, after this period the Seller requests reconfirmation of the acceptance of cookies. Most internet browsers are automatically set to accept cookies. The change can be made in the browser settings. Acceptance of cookies can be refused, but refusal may mean a decrease in the comfort of using the site. The seller supports plug-in modules for the social network Facebook.com (hereinafter referred to as "Facebook"). When logging in using the Facebook plug-in (or clicking the "Like" button), the browser connects the user to the Facebook servers and retrieves the necessary information. This gives Facebook the address of the website to which the user logs in, the date and time of access and the IP address. The purpose and scope of data collection, further processing and use of data by Facebook and rights and options for privacy settings can be found in Facebook´s privacy policy: (https://www.facebook.com/policy.php). The data controller responsible for processing this data is Facebook Ireland Ltd., who can be contacted at: Facebook Ireland Ltd., 4 Canal Square, Grand Canal Harbour, Dublin 2 Ireland. MailChimp: The Seller may use the MailChimp tool for some marketing services, while any personal data transferred to the USA for processing is transferred to a processor with whom the Seller has a processing contract and which is committed to complying with the "Privacy Shield" regime as a special tool for creating appropriate guarantees under Article 46 of the GDPR Regulation in order to ensure that the level of protection of natural persons guaranteed by the GDPR Regulation is not undermined. Google Ads: The Seller may use the Google Ads tool for some marketing services, while any personal data transferred to the USA for processing is transferred to a processor with whom the Seller has a processing contract and which has undertaken to comply with the "Privacy Shield" as a special tool for creating appropriate guarantees under Article 46 of the GDPR Regulation in order to ensure that the level of protection of natural persons guaranteed by the GDPR Regulation is not undermined.

Order and conclusion of contract

The Buyer orders goods from the Seller through the e-shop ordering system. The proposal to conclude a purchase contract is the placement of the offered goods by the Seller on the website, the purchase contract is created on the basis of the sent order at the moment when the Seller unreservedly confirms it, usually in the same way as the order was delivered to him (without confirmation of the order, the contract is not concluded, the confirmation of sending the order itself is informative). The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred during the use of remote communication means in connection with the conclusion of the contract (costs of Internet connection, costs of telephone calls) are paid by the Buyer himself, and these costs do not differ from the basic rate. Bank account number: 162461352/0300 The buyer can place the order using his user account established by registration or without registration. If the Buyer creates a user account, the information provided in the user account is considered correct. The user account is secured by a username and password, which the Buyer is obliged to protect and must not allow third parties to use the user account. The Seller can cancel the user account, especially if the Buyer does not use his user account for a long time, or if the Buyer violates his obligations. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software, or necessary hardware maintenance and third-party software.

All goods can be returned within 14 days without giving a reason.

Price and Payment

The prices are contractual, final, always up-to-date and valid for the period when they are offered by the seller in the online store. Shipping costs are usually listed separately, as well as possible packaging and insurance costs. The costs of using your means of communication to distance is borne by the Buyer. In the event that the buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the seller will immediately return the performance to the buyer in the agreed manner. The seller accepts the following payment terms: cash or card for personal collection, payment in advance, cash on delivery. The goods remain the property of the seller until full payment. Depending on the payment method, the seller does not require any fees. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

Delivery period and terms of delivery

The seller delivers the goods either personally at his place of business or via the Czech Post. The shipping price will be calculated according to the selected goods.The availability of the product is always indicated in the detail of this product. Delivery time is dependent on product availability, payment terms and delivery terms; in normal cases, we ship the goods within 5 working days from the payment of the full amount of the purchase price. The final delivery date is always indicated in the order confirmation email. Installation of the purchased goods is not part of the delivery. In the case of an exchange of goods within 14 days of the purchase of the goods, the buyer is charged for the cost of postage for each individual shipment of the goods to the Buyer.If the Buyer returns the goods to the Seller within 14 days, the Buyer pays the postage costs. In the case of sending the goods back to the seller, the buyer will pack the goods for transport in such a way that they are not damaged during transport, the risk of damage is borne by the seller until it is taken over by the seller, so it is in his interest to insure the shipment at his own expense (if he wants to cover the costs of insurance and packaging avoid, the Seller is ready to take over the goods at his place of business).

Warranty and service, complaints procedure

When selling consumer goods, the warranty period is 24 months. In the case of used items, the seller is not responsible for defects corresponding to the degree of use or wear and tear that the item had when it was taken over by the Buyer, and the period for exercising rights from defective performance is shortened to 12 months. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. This does not apply to an item sold at a lower price due to a defect for which a lower price was agreed upon, wear and tear of the item caused by its usual use, in the case of a used item, a defect corresponding to the degree of use or wear the item had when it was taken over by the buyer, or if this results from the nature things.If the goods have defects, the buyer can also demand the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to remove the defect free of charge. The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the Seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the Buyer. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.The buyer, who is an entrepreneur and purchases the goods in connection with the business, is not provided with a guarantee for the goods, apart from the general liability of the seller for defects in the goods when they are handed over. Complaints can be made at the seller, in all of his establishments.

Termination of contract

Due to the nature of the conclusion of the purchase contract through distance communication, the buyer, who is a consumer, has the right to withdraw from this contract without any penalty within 14 days of receiving the goods. In case of withdrawal from the contract, the consumer will bear the costs associated with the return of the goods, if these goods cannot be returned by the usual postal route due to their nature (especially the costs of safe packaging of art objects and insurance). In the case of the aforementioned withdrawal from the contract, the seller will send the purchase price to the buyer's bank account, which for this purpose the buyer will inform the seller after returning the purchased goods in their original, flawless condition (for verification, the seller takes photos and other evidence showing the condition of the goods sent to the buyer). Clause on the sale of gold or silver: Except in cases where withdrawal from the contract is expressly agreed, the buyer-consumer cannot withdraw from the contract on the sale of gold or silver as a financial service without giving a reason, since the price of these goods depends on price movements on the financial markets, which the seller cannot influence, such as services for foreign exchange values and investment instruments. The seller has the right to withdraw from the contract if the buyer does not pay the full amount of the purchase price within 30 days from the date of conclusion of the purchase contract.

Special conditions governing the rights and obligations of consumers

Information obligation: If the buyer is a consumer within the meaning of the relevant legal definitions, the seller has provided him with the following information before concluding the contract:

the identity of the seller is stated in the introductory provision of the General Terms and Conditions, the telephone number and address for electronic mail delivery are as follows: tel.: (+420) 737 588 264, email: info@graciano.cz
the price, including all taxes and fees: the price is determined by the seller's price list, which is an integral part of the contract, the seller is the VAT payer;
data on the rights arising from defective performance, as well as rights from the guarantee and other conditions for the exercise of these rights are given in Article 8 of these GTC;
data on the duration of the obligation: obligations from the contract last until fulfilled.

Concluding the contractual relationship at a distance: The buyer agrees to the use of means of communication at a distance when concluding the contract. In the event that the contract is concluded remotely or outside the business premises, the seller also provides the following information:

the cost of the means of distance communication, if it differs from the basic rate: the cost of the means of distance communication is determined by the entities that provide the services of the means of distance communication and does not differ from the basic rate;
information on the possible obligation to pay an advance or a similar payment: an advance is not required for the conclusion of the contract;
information on the existence, method and conditions of out-of-court handling of consumer complaints: the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, https://www.coi. cz Out-of-court resolution of a consumer dispute is initiated exclusively at the consumer's proposal, and only if the dispute could not be resolved directly. . The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/
trade inspection is carried out by the relevant trade office within its scope. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection;
The buyer declares that he had the opportunity to familiarize himself with this information and the GTC in sufficient time and that he was provided with a form for withdrawing from the contract;
The buyer acknowledges that the seller has taken all reasonable measures to prevent the transmission of viruses in connection with sending documents (including attached files) by e-mail. The seller is not responsible for the consequences of delivering documents (including attached files) to a person other than the addressee when sending documents by e-mail , as well as for the deletion or non-delivery of documents (including attached files) due to the failure of electronic communication. The seller does not guarantee the security of electronic communication and does not accept any responsibility for any losses or damages.

Sample withdrawal form (complete this form and send it back only if you wish to withdraw from the contract):

Notice of withdrawal from the contract: Addressee: Antik u papouška., IČO: 69751587, with registered office at Kounicova 293/61, Brno, 602 00 I/we notify (*) that I/we hereby withdraw (*) from ................ (*) Date of purchase (*)/Date of receipt (*) Name and surname of the consumer/consumers Address of the consumer/consumers Signature of consumer(s) and date (only if this form is sent in paper form) Date (*) Cross out the inappropriate ones or complete the data

Final Provisions

The contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible. In accordance with § 1751 of the Civil Code, the conditions are an integral part of the contract. The buyer assumes the risk of a change in circumstances within the meaning of § 1765 of the Civil Code. The contracting parties exclude the application of the following provisions of the Civil Code to this contract: § 557, § 1740 paragraph 3, §1764 to 1766, § 1793 to 1795, § 1799, § 1800, § 1805 paragraph 2, § 2620 to § 2622. The rights arising from the contract or its breach are time-barred within a period of two (2) years from the date on which the right could be exercised for the first time.The parties expressly exclude the application of the UN Convention on the International Sale of Goods (Vienna Convention, 1980). The Buyer confirms that he is aware of the following important provisions contained in these Terms, that he understands all of these provisions and expressly accepts these provisions: (i) shorter maturity period, (ii) authorization to set off any claims, (iii) limitation of the Buyer's right to compensation for damage, (iv) exclusion of protective provisions relating to the regime of adhesion contracts, exclusion of interpretation to the disadvantage of the claimant and exclusion of the limit for late interest, (v) assumption of the risk of a change in circumstances by the Buyer. The buyer acknowledges that the seller is entitled to assign his claim from the contract to a third party. The contracting parties hereby establish the exclusive jurisdiction of the municipal court in Prague for all disputes in connection with the contract and GTC (with the exception of disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them). Tyto VOP nabývají platnosti a účinnosti dne 1.10.2018.. These General Terms and Conditions become valid and effective on October 1, 2018. The Seller is entitled to change these General Terms and Conditions at any time. The General Terms and Conditions then cease to be effective on the date of entry into force of the later General Terms and Conditions.