Terms and Conditions
Business entity: THE NOTHING STORES Ltd.
ID No: 19795602
Registered office: Příkop 843/4, Zábrdovice, 60200 Brno
Email: info@thenothingstores.cz
Phone: +420 775 760 072
Registered at the Regional Court in Brno, section C, file 136077
For the sale of goods through the online store located at the internet address www.thenothingstores.cz
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1. INTRODUCTORY PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as the "terms and conditions") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as the "purchase agreement"), concluded between THE NOTHING STORES Ltd., ID No: 19795602, registered office at Příkop 843/4, Zábrdovice, 60200 Brno, company registered at the Regional Court in Brno, section C, file 136077, (hereinafter referred to as the "seller") and the purchaser who is a consumer (hereinafter referred to as the "buyer"), through the seller's online store. The seller's online store is operated at the internet address www.thenothingstores.cz (hereinafter referred to as the "website"), through the web interface (hereinafter referred to as the "web interface of the store").
1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods in the course of their business activities or in the exercise of their independent profession.
1.3. A consumer is a natural person who, when concluding and fulfilling the purchase agreement with the seller, does not act in the course of their business or other entrepreneurial activities or in the exercise of their independent profession. The seller is THE NOTHING STORES Ltd., ID No: 19795602, registered office at Příkop 843/4, Zábrdovice, 60200 Brno.
1.4. The seller’s product is a conceptual art piece embodying "absolute nothing". Any physical representation of this work is solely for illustrative purposes and has no material value. The client confirms by their order that they understand the unique nature of this product, which lies in its idea and not in its material or digital content.
1.5. Provisions different from the terms and conditions can be arranged in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.
1.6. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
1.7. The seller may change or supplement the wording of the terms and conditions. The rights and obligations arising during the effectiveness of the previous version of the terms and conditions are not affected by this provision
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2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account whenever any change occurs. The data provided by the buyer in the user account and when ordering goods are 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 buyer is not authorized to allow third parties to use the user account.
2.5. The seller may cancel the user account, especially in cases where the buyer does not use their user account for more than 5 years, or in cases where the buyer breaches their obligations from the purchase contract (including business terms and conditions).
2.6. The buyer acknowledges that the user account may not be continuously available, particularly due to necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
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3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding this merchandise. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
3.2. The web interface of the store contains a list of products offered by the seller for sale, including the listing of prices of each offered product, including VAT. The offer for the sale of products and the prices of these products remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivering goods.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form primarily contains information about:
3.4.1. ordered goods (the buyer “places” the ordered goods into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details about the requested method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, also with regard to the buyer’s ability to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “Place Order” button. The data provided in the order are considered correct by the seller. The seller immediately confirms receipt of the order to the buyer by email, to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's email address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price amount, expected shipping costs), to ask the buyer for additional order confirmation (for example, in writing or by phone).
3.7. A contractual relationship between the seller and the buyer arises by delivering the order acceptance (acceptance), which is sent by the seller to the buyer by email, to the buyer's email address.
3.8. The buyer agrees to the use of remote communication tools when concluding the purchase agreement. The costs incurred by the buyer when using remote communication tools in connection with the conclusion of the purchase agreement (costs of internet connection, costs of phone calls) are paid by the buyer themselves, whereby these costs do not differ from the basic rate.
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4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement may be paid by the buyer to the seller in the following ways:
4.1.1. cashless transfer to the seller's account No. 2602681295/2010 for payments in CZK, held at Fio Banka (hereinafter referred to as the "seller’s account");
4.1.2. cashless transfer to the seller's account No. 2802681302/2010 for payments in USD, held at Fio Banka (hereinafter referred to as the "seller’s account");
4.1.3. cashless transfer to the seller's account No. 2402681311/2010 for payments in EUR, held at Fio Banka (hereinafter referred to as the "seller’s account");
4.2. The seller does not request a deposit or any other similar payment from the buyer. This does not affect the provision of Article 4.4 of the business terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.3. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods along with stating the variable symbol of the payment. In the case of cashless payment, the buyer’s obligation to pay the purchase price is met at the moment the relevant amount is credited to the seller’s account.
4.4. The seller is entitled, especially in cases where there is no additional confirmation of the order from the buyer (Article 3.6), to request the payment of the entire purchase price before sending the goods to the buyer. The provision of § 2119 paragraph 1 of the Civil Code does not apply.
4.5. If it is customary in business relations or if it is determined by generally binding legal regulations, the seller will issue a tax document - an invoice to the buyer regarding payments made based on the purchase agreement. The seller is not a VAT payer. The tax document - the invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent electronically to the buyer’s email address.
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5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer is hereby informed that they are not entitled to withdraw from the contract, given that all our products are abstract 'products' for which the buyer pays. We want to emphasize that their nature is entirely deliberately without any physical or digital content or form or material value.
5.2. The seller will issue a confirmation of the concluded contract in text form to the buyer within a reasonable time after its conclusion, but no later than at the moment of delivery of the goods or before starting to provide the service.
5.3. The confirmation must contain, in addition to the information according to § 1820 paragraph 1, if the seller has not already provided it to the buyer in text form before concluding the contract, also information that the consumer expressly agrees to start performance before the expiration of the withdrawal period and acknowledges that by granting consent, his right to withdraw from the contract under § 1837 letter l) ceases.
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6. TRANSPORT AND DELIVERY OF GOODS
6.1. Products are delivered worldwide. The price for delivery of goods is always 0 CZK.
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7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The seller is responsible for delivering the product to the buyer in accordance with its description. Due to the unique nature of the product, consisting of an abstract and conceptual nature, no claims concerning physical properties or material value of the product can be applied, and therefore it is not possible to assert traditional rights from defective performance in accordance with § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of law no. 89/2012 Coll.
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8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer as per the provision of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. The seller handles consumer complaints via the email address info@thenothingstores.cz. Information on the handling of the buyer's complaint will be sent by the seller to the buyer's email address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IC: 000 20 869, web address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes from the purchase contract. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and buyer from the purchase contract.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 dated May 21, 2013, on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
8.6. The seller is entitled to sell goods based on trade licensing. The relevant trade licensing office performs trade control within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a defined extent, supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of a change in circumstances as per § 1765 paragraph 2 of the Civil Code.
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9. PERSONAL DATA PROTECTION
9.1. The seller fulfills its information obligation to the buyer in accordance with Article 13 of the Regulation of the European Parliament and the Council 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract, and for the purposes of fulfilling the seller's public law obligations through a special document.
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10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees to receive information related to the goods, services, or the seller's business to the buyer's email address, and also agrees to receive commercial communications from the seller to the buyer’s email address. The seller fulfills its information obligation to the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications through a special document.
10.2. The buyer agrees to the storage of so-called cookies on his computer. In case that a purchase on the website can be carried out and the seller's obligations from the purchase contract can be fulfilled without the need to store so-called cookies on the buyer's computer, the buyer can revoke consent according to the previous sentence at any time.
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11. DELIVERY
11.1. Deliveries can be made to the buyer's email address.
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12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
12.2. By choosing the law according to article 12.1 of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6 paragraph 1 of the Regulation of the European Parliament and the Council (EC) No. 593/2008 of June 17, 2008, on the law applicable to contractual obligations (Rome I).
12.3. If any provision of the terms and conditions is invalid or ineffective, or becomes such, instead of invalid provisions, a provision will take place, the meaning of which 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.
12.4. The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.
12.5. An attachment to the terms and conditions is a sample form for withdrawal from the purchase contract.
12.6. Seller's contact details: delivery address The Nothing Stores s.r.o., Příkop 843/4, Zábrdovice, 60200 Brno, email address info@thenothingstores.cz, phone + 420 775 760 072.
These conditions take effect on October 11, 2023.