General Terms and Conditions

1. Introductory provisions

1.1. These Terms and Conditions (the „Terms") of Honkee s.r.o., Českobrodská 65, 190 11 Prague 9, Company ID 08080321 (the „Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the „Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (the „Purchase Contract") concluded between the Seller and another natural person (the „Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at www.paintingo.com (the „Website"), through the website interface (the „Shop Web Interface").

1.2. The Terms do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or independent profession when ordering goods.

1.3. Provisions deviating from the Terms may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract prevail over the provisions of these Terms.

1.4. The provisions of these Terms form an integral part of the Purchase Contract. The Purchase Contract and the Terms are drawn up in the English language. The Purchase Contract may be concluded in the English language.

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

2. User account

2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface (the „User Account"). The Buyer may order goods from their User Account. The Buyer may also order goods without registration, directly from the Shop Web Interface.

2.2. When registering and ordering goods, the Buyer is obliged to provide correct and truthful information and to update it in case of any change. The information provided by the Buyer is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Seller may cancel the User Account, in particular if the Buyer does not use it for more than a defined period or if the Buyer breaches their obligations under the Purchase Contract or the Terms.

3. Conclusion of the purchase contract

3.1. All presentations of goods placed in the Shop Web Interface are of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods. Section 1732(2) of the Civil Code does not apply.

3.2. The Shop Web Interface contains information about the goods, including the prices of individual goods. The prices of the goods include all associated fees. The Seller is a VAT payer. Prices of goods remain valid for as long as they are displayed in the Shop Web Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract on individually agreed terms.

3.3. The Shop Web Interface also contains information about the costs associated with packaging and delivery of goods, and the delivery times and options available for each destination country.

3.4. To order goods, the Buyer completes an order form in the Shop Web Interface. The order form contains information about: the ordered goods (placed by the Buyer into the electronic shopping cart), the method of payment of the purchase price, the required method of delivery, and the costs associated with the delivery of the goods (collectively, the „Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order. The Buyer sends the Order to the Seller by clicking the confirmation button. The data provided in the Order is considered correct by the Seller.

3.6. The sending of the Order is considered an act of the Buyer that identifies the ordered goods, purchase price, the Buyer's person, and the method of payment in a manner that is binding for the parties. The Order is valid on the condition that the Buyer confirms their agreement with these Terms.

3.7. The Seller shall immediately confirm receipt of the Order to the Buyer by e-mail, to the Buyer's e-mail address specified in the User Account or in the Order.

3.8. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (confirmation), sent by the Seller to the Buyer's e-mail address.

3.9. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using means of distance communication (internet connection, telephone calls) are borne by the Buyer themselves.

4. Price of goods and payment terms

4.1. The price of the goods and any costs associated with delivery may be paid by the Buyer to the Seller in the following ways:

• cashless payment via the GoPay payment gateway;
• cashless payment via PayPal.

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 includes the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or similar advance payment from the Buyer. This is without prejudice to Article 4.6 regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cashless payment, the purchase price is payable within 3 days of concluding the Purchase Contract.

4.5. In the case of cashless 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. The Seller is entitled, in particular if the Buyer does not additionally confirm the Order, to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119(1) of the Civil Code does not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. Where customary in business dealings or required by generally binding legal regulations, the Seller shall issue a tax document — invoice — to the Buyer regarding payments made under the Purchase Contract. The Seller is a VAT payer. The tax document — invoice — is issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's e-mail address. Value added tax is applied at the rate applicable in the Buyer's country of delivery within the EU.

5. Withdrawal from the purchase contract

5.1. Unless otherwise agreed by the parties, the right to withdraw from the contract does not apply, among others, to the following contracts:

• contracts for the supply of goods that were made to the consumer's specifications or clearly personalised (this includes all custom products made from the customer's own photograph — paint by numbers, diamond painting, dot painting, colour dot painting, fuse bead art and canvas prints created from a photo supplied by the Buyer);
• contracts for the supply of goods that are perishable or that would quickly deteriorate;
• contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
• contracts for the supply of goods that, after delivery, are by their nature inseparably mixed with other goods.

5.2. Unless it is a case under Article 5.1 or another case where the contract cannot be withdrawn from, the Buyer has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods. Where the Purchase Contract concerns several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal must be sent to the Seller within the said period, e.g. to the e-mail address info@paintingo.com.

5.3. In the event of withdrawal under Article 5.2, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws from the contract, the Buyer bears the costs of returning the goods to the Seller.

5.4. In the event of withdrawal under Article 5.2, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal, in the same manner in which they were received. The Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that the goods have been sent to the Seller.

5.5. The Buyer is liable to the Seller for any reduction in the value of the goods resulting from handling the goods in a manner other than what is necessary given their nature and characteristics.

6. Transport and delivery of goods

6.1. The method of delivery is determined by the Seller, unless otherwise agreed in the Purchase Contract. The available delivery methods, prices and estimated delivery times for each destination country are shown in the Shop Web Interface during checkout.

6.2. If the Seller is obliged, under the Purchase Contract, to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in case of any defects, to notify the carrier immediately.

7. Rights arising from defective performance

7.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

7.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable that at the time the Buyer took over the goods: the goods have the properties agreed between the parties; the goods are fit for the purpose stated by the Seller or usual for such goods; the goods correspond to the quality or design of the agreed sample or template; the goods are in the appropriate quantity, measure or weight; and the goods comply with legal requirements.

7.3. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four (24) months of receipt. The provisions of this article do not apply to goods sold at a lower price on account of a defect for which the lower price was agreed, to wear and tear caused by normal use, or where this results from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.

7.5. The Buyer exercises rights arising from defective performance (a complaint / claim) by contacting the Seller at info@paintingo.com or at the Seller's address. The moment of exercising the claim is the moment the Seller receives the claimed goods or the notification of the defect from the Buyer.

7.6. Because our products are made individually from the Buyer's own photograph, minor variations in colour rendering inherent to the chosen technique (e.g. the palette limitations of paint-by-numbers, diamond painting, dot painting or fuse beads) do not constitute a defect. The result is a stylised, handmade-style rendering of the photograph, not an exact photographic reproduction.

8. Other rights and obligations of the parties

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer.

8.3. Out-of-court settlement of consumer complaints is handled by the Seller via the e-mail address info@paintingo.com. Information about the settlement of a complaint will be sent by the Seller to the Buyer's e-mail address.

8.4. Consumers may also use the European Commission's online dispute resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr/, to resolve disputes.

8.5. The Seller is authorised to sell goods on the basis of a trade licence. Trade licence control is carried out, within the scope of its competence, by the relevant Trade Licensing Office.

9. Protection of personal data

9.1. The protection of the personal data of the Buyer, who is a natural person, is provided by Regulation (EU) 2016/679 (GDPR) and applicable law. Details on the processing of personal data are set out in the Privacy Policy available at www.paintingo.com/privacy-policy.

10. Sending of commercial communications and storage of cookies

10.1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's e-mail address and agrees to the sending of commercial communications by the Seller. The Buyer may unsubscribe at any time.

10.2. The Buyer agrees to the storage of cookies on their device. Details are set out in the Privacy Policy and the cookie settings available in the Shop Web Interface.

11. Delivery of notices

11.1. Notifications regarding the relationship between the Seller and the Buyer, in particular concerning withdrawal from the contract, may be delivered by e-mail to the e-mail address stated in the Buyer's Order or User Account.

12. Final provisions

12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by the law of the Czech Republic. This choice of law does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

12.2. If any provision of the Terms is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3. The Purchase Contract, including the Terms, is archived by the Seller in electronic form and is not accessible to third parties.

12.4. Contact details of the Seller: address Honkee s.r.o., Českobrodská 65, 190 11 Prague 9, Czech Republic; e-mail info@paintingo.com.

These Terms and Conditions are effective as of the date of publication on www.paintingo.com.