You are here Galerie Pastelka Customer Care Terms & Conditions

Terms and Conditions

for the Sale of Goods Through the Online Store https://www.angels-fairies-unicorns.com
Effective from August 20, 2026

of the business company: OBHAJOBA PASTELKY s.r.o.
with its registered office at Malé náměstí 11, Praha 1, 110 00
Identification Number: 284 72 179
registered in the Commercial Register: Spisová značka: C 1459026 vedená u Městského soudu v Praze
E-mail address: info@galeriepastelka.cz
Contact phone: +420 776 365 715
Business premises: Malé náměstí 11, Praha 1, 110 00

(hereinafter referred to as the „Seller“)

1.   INTRODUCTORY PROVISIONS

1.1.   These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the seller regulate, in accordance with the provisions of Section 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 on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address https://www.angels-fairies-unicorns.com (hereinafter referred to as the "Website"), through the interface of the website (hereinafter referred to as the "Store Web Interface").

1.2.   The Terms and Conditions 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 entrepreneurial activity or within the scope of their independent profession when ordering goods.

1.3.   Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating arrangements in the Purchase Contract shall take precedence over the provisions of the Terms and Conditions.

1.4.   The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5.   The wording of the Terms and Conditions may be amended or supplemented by the seller. This provision shall be without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2.    USER ACCOUNT

2.1.     Based on the Buyer's registration 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 Store Web Interface allows it, the Buyer can also order goods without registration directly from the Store Web Interface.

2.2.     When registering on the Website and when ordering goods, the Buyer is obliged to provide all details correctly and truthfully. The Buyer is obliged to update the details provided in the User Account upon any change thereto. The details provided by the Buyer in the User Account and when ordering goods shall be deemed 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 entitled to allow third parties to use the User Account.

2.5.     The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 90 days, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

2.6.     The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.

3.    CONCLUSION OF A PURCHASE CONTRACT

3.1.     All presentations of goods located in the Store Web Interface are of an informative nature, and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.

3.2.     The Store Web Interface contains information about the goods, including the prices of individual goods and the costs for returning the goods if these goods, by their nature, cannot be returned by normal postal means. The prices of goods are listed inclusive of value added tax (VAT) and all related charges. The prices of goods remain valid for as long as they are displayed in the Store Web Interface. This provision does not limit the Seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3.     The Store Web Interface also contains information on the costs associated with the packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods listed in the Store Web Interface applies according to the listed prices to individual countries.

3.4.     To order goods, the Buyer shall fill out the order form in the Store Web Interface. The order form contains in particular information about:

3.5.     the ordered goods (the Buyer shall "place" the ordered goods into the electronic shopping cart of the Store Web Interface),

3.6.     the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and

3.7.     information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").

3.8.     Prior to sending the Order to the Seller, the Buyer is allowed to check and modify the data entered into the Order, also with regard to the Buyer's ability to detect and correct errors made during data entry into the Order. The Buyer sends the Order to the Seller by clicking the "Send Order" button. The details provided in the Order are deemed correct by the Seller. Promptly upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by electronic mail to the Buyer's electronic mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's Electronic Address").

3.9.     Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

3.10.    The contractual relationship between the Seller and the Buyer is established upon the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

3.11.    The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

4.    PRICE OF GOODS AND PAYMENT CONDITIONS

4.1.    The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller by the methods offered by the Seller in the Store Web Interface.

4.2.    Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter also include the costs associated with the delivery of the goods.

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

4.4.    In the case of payment in cash or in the case of cash on delivery (COD), the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the Purchase Contract.

4.5.    In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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 there is no additional confirmation of the Order by the Buyer (Art. 3.6), to require payment of the full purchase price before the goods are shipped to the Buyer. The provisions of Section 2119, Paragraph 1 of the Civil Code shall not apply.

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

4.8.    If it is customary in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller shall issue the tax document – invoice to the Buyer after the price of the goods has been paid and shall send it in electronic form to the Buyer's Electronic Address.

 

5.    WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1.     Unless it is a case referred to in Article 5.4 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods. If the subject of the Purchase Contract is 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 from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among others, to the address of the Seller's premises or to the Seller's electronic mail address specified in the header of these Terms and Conditions.

5.2.     In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Purchase Contract is cancelled from the outset (ab initio). The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.3.     In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon the return of the goods by the Buyer or in another way, provided that the Buyer agrees thereto and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that they have sent the goods to the Seller.

5.4.     The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been customized according to the wishes of the Buyer or for their person; from a purchase contract for the supply of goods subject to rapid decay, as well as goods that have been irretrievably mixed with other goods after delivery; from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons; and from a purchase contract for the supply of an audio or video recording or a computer program if the consumer has broken their original packaging.

5.5.     The Seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

5.6.     In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up until the time the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, via cashless transfer to the account designated by the Buyer.

5.7.     If a gift is provided to the Buyer together with the goods, the donation contract between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Contract, the donation contract regarding such a gift ceases to be effective, and the Buyer is obliged to return the provided gift together with the goods to the Seller.

6.    TRANSPORTATION AND DELIVERY OF GOODS

6.1.     In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2.     If the Seller is obliged under the Purchase Contract 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.

6.3.     In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with the other method of delivery.

6.4.     Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. In the event that a breach of the packaging indicating unauthorized intrusion into the shipment is found, the Buyer does not have to take over the shipment from the carrier. This is without prejudice to the Buyer's rights arising from liability for defects in the goods and other rights of the Buyer resulting from generally binding legal regulations.

6.5.     Further rights and obligations of the parties during the transport of goods may be regulated by special delivery conditions of the Seller, if issued by the Seller.

6.6. Delivery outside the territory of the Czech Republic is resolved by individual calculation according to the type of Order.

7.    RIGHTS FROM DEFECTIVE PERFORMANCE

7.1.     The rights and obligations of the contracting parties regarding rights from defective performance shall be 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, as amended).

7.2.     The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

  • 7.2.1. the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, they have such characteristics as the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • 7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
  • 7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,
  • 7.2.4. the goods are in the corresponding quantity, measure, or weight, and
  • 7.2.5. the goods comply with the requirements of legal regulations.

7.3.     If a defect manifests itself within six months of receipt, the goods shall be deemed to have been defective already upon receipt.

7.4.     The Seller has obligations from defective performance at least to the same extent as the obligations from defective performance of the manufacturer. Otherwise, the Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within a period of twenty-four months from receipt. If the period for which the goods can be used is specified on the sold goods, on their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By a quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose or will retain their usual characteristics for a certain period of time. If the Buyer has rightfully claimed a defect in the goods against the Seller, the period for exercising rights from defective performance nor the warranty period shall run for the duration of the period during which the Buyer cannot use the defective goods.

7.5.     The provisions set forth in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if it follows from the nature of the goods. The Buyer is not entitled to the right from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.

7.6.     Rights from liability for defects in goods shall be exercised with the Seller. However, if another person designated for repair is listed in the confirmation issued by the Seller regarding the scope of rights from liability for defects (within the meaning of Section 2166 of the Civil Code), who is at the Seller's location or at a location closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair according to the previous sentence, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the assortment of products sold or services provided, or also at the registered office or place of business of the Seller. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the Buyer requires; and furthermore, a confirmation of the date and method of handling the complaint, including a confirmation of the repair carried out and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.

7.7.     Specifically, the Buyer may exercise the rights from liability for defects in goods in person at the address of the premises specified in the header of these Terms and Conditions or by electronic mail at the address specified in the header of these Terms and Conditions.

7.8.     The Buyer shall notify the Seller of the right they have chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that proves to be irreparable.

7.9.     If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect relates only to a component of the goods, the Buyer may only request the replacement of the component; if this is not possible, they may withdraw from the contract. However, if it is disproportionate given the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge. The Buyer has the right to the delivery of new goods or the replacement of a component even in the case of a removable defect if they cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to the delivery of new goods without defects, to the replacement of its component, or to the repair of the goods, they may request a reasonable discount. The Buyer is entitled to a reasonable discount also in the event that the Seller cannot deliver new goods without defects, replace its component, or repair the goods, as well as in the event that the Seller fails to remedy the situation within a reasonable time or that remedying the situation would cause significant difficulties to the Buyer.

7.10.     Anyone who has a right under Section 1923 of the Civil Code is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Seller objects that the right to compensation was not exercised in time.

7.11.     Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaints procedure.

8.    OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING 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 within the meaning of Section 1826, Paragraph 1, Letter e) of the Civil Code.

8.3. The handling of consumer complaints is ensured by the Seller via the electronic address specified in the header of these Terms and Conditions. The Seller shall send information about the handling of the Buyer's complaint to the Buyer's Electronic Address.

8.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under 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 (ES) No 2006/2004 and Directive 2009/22/ES (Regulation on consumer ODR).

8.6. The Seller is entitled to sell goods on the basis of a trade licence. Trade inspection is carried out within the scope of its competence by the relevant trade licensing office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. Within a defined scope, the Czech Trade Inspection Authority exercises, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.

9.    PERSONAL DATA PROTECTION

9.1.     The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 the "GDPR Regulation") related to the processing of the Buyer's personal data for the purposes of performing the Purchase Contract, for the purposes of negotiating the Purchase Contract, and for the purposes of fulfilling the public law obligations of the Seller, by means of a separate document.

10.   SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

10.1.     Within the meaning of the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purposes of sending commercial communications by means of a separate document.

10.2.     The Buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the Website can be made and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

11.    DELIVERY

11.1.      Delivery to the Buyer may be carried out to the Buyer's Electronic Address.

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 shall be governed by Czech law. By choosing the law according to the previous sentence, the Buyer who is a consumer is not deprived of the protection afforded to them by the provisions of the legal order from which it is not permitted to derogate contractually, and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6, Paragraph 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2.     If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning comes as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the other provisions.

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

12.4.     A sample form for withdrawal from the Purchase Contract forms an annex to the Terms and Conditions.

12.5.     The contact details of the Seller are specified in the header of these Terms and Conditions.

                      

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