General Terms and Conditions

These general terms and conditions (“Terms”) of BrasilArt, s.r.o., with its registered office at Suchý vršek 2120/4, 15800 Prague, Czech Republic, Company ID: 06120423, registered in the Commercial Register under file no. C 276492/MSPH maintained by the Municipal Court in Prague, email: admin@brasilart.rocks, phone: +420 605 829 739 (“We” or “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”), the mutual rights and obligations between you as the buyer and us as the seller arising in connection with or based on a purchase agreement (“Agreement”) concluded via the E-shop on the website brasilart.rocks.

All information regarding the processing of your personal data is contained in the Privacy Policy.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drafted in the Czech language. We may unilaterally amend or supplement the Terms. This does not affect rights and obligations arising during the period when the previous version of the Terms was in effect.

As our communication is primarily remote, these Terms apply to the Agreement concluded at a distance using remote communication means, allowing us to agree without simultaneous physical presence. The Agreement is concluded remotely via the E-shop interface on the website (“E-shop Interface”).

If any part of the Terms conflicts with what was specifically agreed upon during the purchase process on our E-shop, the specific agreement takes precedence over the Terms.

1. Definitions

• Price: The amount you will pay for the Goods.

• Shipping Cost: The amount you will pay for delivery, including packaging.

• Total Price: The sum of the Price and Shipping Cost.

• VAT: Value-added tax according to applicable law.

• Invoice: Tax document issued according to VAT law for the Total Price.

• Order: Your binding proposal to conclude a purchase agreement for Goods with us.

• User Account: Account created based on information you provide, allowing storage of your data and order history.

• You: The person purchasing via the E-shop, legally referred to as the buyer.

• Goods: All items available for purchase on the E-shop.

2. General Provisions

• Purchase is possible only via the E-shop.

• You must provide accurate and truthful information in your Order. Information you provide will be considered correct and truthful.

• Product reviews from other consumers are verified internally to ensure authenticity.

• As our products are handmade, slight variations between delivered and displayed Goods may occur.

3. Conclusion of the Agreement

• The Agreement can only be concluded in Czech.

• The Agreement is concluded remotely via the E-shop. Costs for using remote communication are borne by you but do not exceed usual internet access costs.

• To conclude the Agreement, you must create an Order, providing:

  • Information about the Goods you wish to purchase.

  • Price, shipping cost, payment method, and delivery method.

  • Your identification and contact details for delivery.

• You can modify and check your Order before finalizing. By clicking “Order with Payment Obligation”, you confirm your acceptance of the Terms.

• After submission, we will confirm your Order by email, including the summary and the Terms. This confirmation constitutes the Agreement.

• In some cases, Orders may not be confirmed due to unavailability or limits. We will offer an alternative, and the Agreement is concluded upon your confirmation.

• If the Price in the Order is obviously incorrect, we are not obliged to deliver at that Price.

4. User Account

• Registration allows access to your User Account.

• You must provide truthful data and update changes.

• Account access is secured by username and password, which you must keep confidential.

• The account is personal and cannot be shared.

• We may deactivate unused or misused accounts.

5. Prices, Payment, and Retention of Ownership

• Price shown in the Order prevails over displayed Price.

• Total Price includes VAT and all statutory fees.

• Payment methods:

  • Bank transfer (due in 10 days).

  • Online card payment via Shoptet gateway (due in 24 hours).

  • Cash on delivery.

  • Cash upon personal pickup.

• Ownership transfers to you only after full payment and receipt of Goods.

6. Delivery and Transfer of Risk

• Delivery options include personal pickup, PPL, or Česká pošta.

• Delivery is within the Czech Republic.

• You must check packaging on receipt.

• Risk of damage transfers upon receipt or when delivery was possible but not completed due to your actions.

7. Rights Regarding Defective Performance

• Goods must be:

  • As described, suitable for intended use, complete with accessories and instructions.

• Rights for defective Goods are governed by the Civil Code (§2099–2117, §2161–2174b) and the Consumer Protection Act.

• You may request: repair, replacement, price reduction, or withdrawal.

• For consumers, rights can be claimed within 24 months of receipt.

8. Withdrawal from Agreement

• Consumers can withdraw without reason within 14 days of receipt.

• Return shipping costs are borne by you, except when we are at fault.

• Goods must be returned in original or clean condition.

• Refunds will be processed within 14 days of receipt of returned Goods.

9. Complaints

• Complaints must be submitted via email to admin@brasilart.rocks.

• For consumers, complaints regarding defects arising during delivery or already existing are handled according to applicable law.

• The complaint procedure will be confirmed within 5 days.

• Goods must be returned safely packaged, including proof of purchase.

10. Consumer Protection and Governing Law

• The Agreement is governed by Czech law.

• Disputes are primarily resolved amicably.

• You have the right to file complaints with the Czech Trade Inspection Authority or use alternative dispute resolution (ADR) and online dispute resolution (ODR) platforms.

11. Final Provisions

• These Terms are effective from the date of publication on the E-shop.

• We reserve the right to change the Terms. Updated Terms are published on the E-shop website.

• If any part of the Terms is invalid or unenforceable, it does not affect the validity of the remaining provisions.

• Communication may occur via email, phone, or the E-shop interface.