Terms and conditions
TERMS AND CONDITIONS
of the company
Art Master Academy s.r.o.
With its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, Czech Republic, Company ID No.: 07597177, registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703,
for the sale of online courses via the online shop located at www.artmaster.com
The mutual rights and obligations of the User and ArtMaster, in particular the rights and obligations arising from the Contract, are governed by these Terms and Conditions (hereinafter referred to as the "Terms and Conditions").
1.1 In these Terms and Conditions:
1.1.1 "Website" means a computer program - an internet application available on www.artmaster.com, whose main functionality is to display, play, save, select and order Courses by the User;
1.1.2 "Contract" means a contract for the provision of digital content within the meaning of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the provision of digital content and services concluded through the Website;
1.1.3 "Order summary" means the part of the Website that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the Website, in particular by adding or removing Courses and/or changing the quantity of selected Courses;
1.1.4 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended.
1.1.5 "ArtMaster" means the company Art Master Academy s.r.o., with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, company ID No.: 07597177, a company registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703.
1.1.6 "Access Data" means the unique login name entered by the User into the Website database during Registration and associated password subsequently generated by ArtMaster;
1.1.7 "Registration" means the electronic registration of the User to the Website database by filling in at least the mandatory registration data in the Website user interface and Access Data or by using User’s Apple ID, Google Account or Facebook Account and their subsequent storage in the Website database;
1.1.8 "Consumer" means a User - a person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with ArtMaster or otherwise deals with him;
1.1.9 "User" means any legal or natural person who uses the Website;
1.1.10 "User Account" means a section of the Website that is created for each User by Registration
(i.e., is unique to each User) and is made available to each User after the User enters Access Data;
1.1.11 "Courses" means ArtMaster's online courses, which are by their nature digital content (intangible object) protected by copyright. The content, parameters and exact specifications of the Courses are set out in the description of each Courses on the Website together with the license to use such online Courses;
Pre-contractual information for Consumers
2.1 ArtMaster enters into digital content provision agreements under which the digital content is copyrighted.
2.2 Regarding the price of the Courses:
2.2.1 In the case of license agreement it is concluded for a definite period of 24 months from the date of conclusion of the Contract, the license price is agreed for the entire period of the license, unless otherwise stated.
2.2.2 The prices of the Courses provided on the Website may be both inclusive and/or exclusive of VAT, including all fees stipulated by law. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
2.2.3 The Consumer acknowledges that, according to the provisions of Section 1837 (l) of the Civil Code , the contract for the supply of digital content cannot be withdrawn if it has not been supplied on a tangible medium and has been supplied with the Consumer's prior express consent before the expiry of the withdrawal period and ArtMaster has informed the Consumer before the conclusion of the contract that in such a case the Consumer has no right to withdraw from the contract.
2.3 The consumer hereby expressly consents to the digital content being delivered to him before the expiry of the statutory withdrawal period.
Process of concluding the Contract
3.1 Through the Website, ArtMaster offers the Users to purchase the Courses by indicating the designation of the Courses, detailed information about the characteristics of the Courses, the price of the Courses including VAT and all related fees.
3.2 To order Courses, the User shall click on the "Buy from…USD" / "Buy for yourself" or button "🎁 Gift" / "Buy as a gift 🎁" or a button with a similar meaning. He/she then fills in the order form, which contains in particular information about:
3.2.1 ordered Courses;
3.2.2 the method of payment of the price of the Courses;
(hereinafter referred to as "Order")
3.3 Before sending the Order, the User is entitled to check the Order and change its content and the data he/she has filled in.
3.4 The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his/her e-mail address, telephone number, identification data and, if applicable, billing address. The User acknowledges that ArtMaster will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
3.5 The User sends the order to ArtMaster by clicking on the button marked "Proceed to payment" or "Confirm order" or a button with a similar meaning.
3.6 The Contract between ArtMaster and the User is concluded at the moment of acceptance of the Order (proposal for conclusion of the Contract) by ArtMaster.
3.7 The User agrees to the use of remote means of communication when concluding the Contract. The costs incurred in connection with the conclusion of the Contract shall be borne solely by the User, and such costs shall not differ from the basic rate.
3.8 All Courses presented within the user environment of the Website are for informational purposes only and ArtMaster is not obligated to enter into a Contract with respect to such Courses. Provisions of Section 1732 (2) of the Civil Code shall not apply.
4.1 Upon conclusion of the Contract, the following provisions shall come into force:
4.1.1 The User purchases from ArtMaster access to the Courses that the User has selected on the Website, in the quantity that the User has selected in the user environment of the Website, and the User undertakes to pay ArtMaster for the Courses the price that is indicated for such Courses in the user environment of the Website.
4.1.2 ArtMaster has the right to withdraw from the Contract for any reason or no reason until access to the Courses is granted to the User. The legal action of ArtMaster consisting in notifying the User that he/she cannot provide access to the Courses ordered by him/her is also considered as withdrawal from the Contract.
4.1.3 The User has the right to choose from the options displayed to the User in the user environment of the Website the method of payment of the price for the Courses and, if applicable, other monetary benefits to ArtMaster.
4.1.4 If any of the payment methods contains information about the costs of making such payment, the User is obliged to bear the costs of making such payment, which are indicated for the payment in the user environment of the Website.
4.1.5 ArtMaster has the right to provide the User with a discount on the price of the Courses. Discounts on the price of the Courses cannot be combined with each other unless expressly stated otherwise.
4.1.6 The price for the Courses does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the price for the Courses (for example, internet connection costs); such costs are solely the User's costs. .
4.1.7 ArtMaster will always send the User a tax document - receipt in electronic form to the User's email address entered during the order to the User environment of the Website.
4.1.8 If ArtMaster provides a gift to the User together with the Courses, the gift agreement between the User and ArtMaster is concluded with the condition that if the Contract is terminated (e.g. due to withdrawal from the Contract), the gift agreement shall terminate without further delay from the beginning together with the Contract and the User shall be obliged to return the gift provided.
4.1.9 The User is entitled to exercise the right to withdraw from the contract and the rights arising from defective performance at ArtMaster's registered office or via e-mail at firstname.lastname@example.org.
Rights and obligations of ArtMaster
5.1 After fulfilling the specified conditions (in particular, after Registration and payment of the price), ArtMaster will allow the User to access the Courses through the Website in accordance with these Terms and Conditions.
5.2 ArtMaster provides the Courses "as is" with the understanding that it does not guarantee the unlimited availability of the Website or the Courses. ArtMaster makes no warranties or other guarantees in this regard to the extent permitted by law. ArtMaster is not responsible for the content, quality and scope of the Courses.
5.3 ArtMaster shall not be liable for any inability to access the Courses caused by the technical characteristics of the device from which the Courses are being accessed (whether in terms of software or hardware) or for any damage caused by the unsuitability of such device, nor for the functionality or operation of the device.
5.4 ArtMaster is entitled to change the Courses or the Website and its structure, sections, parts and content and scope in order to improve the Courses or the Website. ArtMaster may discontinue, suspend or modify any part of the Courses or the Website without prior notice.
5.5 ArtMaster is entitled to temporarily suspend access to the Courses or the Website at any time, e.g. for reasons of security, force majeure, decision of a competent authority or court, exercise of rights necessary for the operation or maintenance of the Website, without this being considered a breach of the ArtMaster's obligation. However, ArtMaster is obliged to inform the User of such temporary suspension of the provision of the Courses or the Website, if possible in advance, otherwise within a reasonable period of time, by means of a notice published on the Website; at the same time, ArtMaster shall also notify the User of the reason and the expected duration of the suspension of the provision of the Courses or the Website.
5.6 ArtMaster is entitled to block the User's access to the Courses or the Website, terminate or suspend the User's access to the Courses or the Website if the User violates his/her obligations under these Terms and Conditions or if ArtMaster has reasonable grounds to suspect that the User is making the Courses available to third parties.
5.7 ArtMaster is entitled to terminate the Contract at any time in case of breach of the User's obligations by withdrawing from the Contract with immediate effect by sending an e-mail to the User.
Money Back Guarantee
6.1 Should the User become dissatisfied with the content or quality of the Courses within the first 30 days after purchase, ArtMaster will refund the full amount of the price for the Courses and subsequently terminate User’s access to the Courses. Refunds are not available for a User that has violated the Contract or these Terms and Conditions; violations are determined at ArtMaster's sole discretion. If ArtMaster determines that the User is abusing its refund policy, ArtMaster reserves the right to suspend or terminate User’s User Account and refuse or restrict any and all current or future uses of the Website without delivering a refund. To request a refund, User must send an email to email@example.com.
7.1 By paying the price of the Courses, the User acquires a license to the Courses to the following extent:
7.1.1 solely for educational purposes;
7.1.2 the User shall not modify, alter or use the Courses in any way contrary to the nature of the Courses or good morals;
7.1.3 for limited use in terms of quantity in the number of one license;
7.1.4 for minimum of 24 months if not agreed otherwise;
7.1.5 unrestricted from a territorial point of view;
7.1.6 for non-exclusive use - the User has no right to grant a sub-license to the Courses to third parties;
7.1.7 The User has no right to assign the license to the Courses to a third party.
7.2 The User undertakes not to exceed the scope of the license authorization set forth in Article 6 of these Terms and Conditions.
7.3 The User further agrees not to provide or otherwise make available the content of the Courses to third parties. The User acknowledges that by providing or otherwise making available the content of the Courses, he/she may commit the offence of "Infringement of copyright, copyright-related rights and database rights" under Section 270 of the Act No. 40/2009 Coll., the Criminal Code, as amended, and that he/she is also obliged to compensate ArtMaster for the damage and non-pecuniary loss incurred and to pay the contractual penalty pursuant to Article 7.4 of these Terms and Conditions.
7.4 In the event that the User violates its obligation not to exceed the scope of the license authorization set forth in Article 7.3 of these Terms and Conditions, the User shall pay ArtMaster a contractual penalty in the amount of USD 1,000 (in words: one thousand US dollars). The aforementioned contractual penalty does not exclude the right of ArtMaster to claim compensation from the User for damages incurred.
8.1 In order to be granted access to the Courses, the User must be provided with a User account by ArtMaster.
8.2 The User is obliged to enter the Access Data before entering the User Account.
8.3 The User's identification data entered during Registration shall be deemed to be the data entered during the ordering of each Courses, which the User shall make after logging into his/her User Account.
8.4 The User shall not provide third parties with Access Data or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorized use of such Access Data or User Account and for any damage caused to ArtMaster or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify ArtMaster. ArtMaster shall provide the User with new access data within a reasonable period of time.
8.5 In the case of User registration, the conditions of Section 1752 (1) of the Civil Code are fulfilled and the
ArtMaster is entitled to unilaterally change these Terms and Conditions; the change will be notified to the User via the Website and/or by e-mail to the User's e-mail address entered into the Website database. The User shall have the right to reject the changes to the Terms and Conditions within 15 days from the first login to the User's account after notification of the change to the Terms and Conditions (if delivered via the Website) or from the delivery of the e-mail message in question to the User's e-mail inbox (if delivered by e-mail) and to terminate the obligation for this reason within a notice period of 15 days, which the parties agree is sufficient to procure similar performance from another supplier.
8.6 ArtMaster may cancel the User Account, in particular if the User does not use his/her User Account for more than 5 years or if the User violates his obligations under the Contract or these Terms and Conditions.
9.1 ArtMaster declares that access to the Courses is provided at a quality that can reasonably be expected taking into account their nature, purpose, and remuneration for their provision.
9.2 ArtMaster shall be liable to the User that the Courses are provided in accordance with the Contract.
9.3 The defective performance shall be claimed by the User without undue delay with ArtMaster, but no later than two years after the provision of access to the Courses.
9.4 The User may demand free of charge removal of the defect, a reasonable discount from the price and if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a demand for new performance without defects may be made. If the removal of the defect is not possible, the User may demand a full refund of the price upon withdrawal from the contract.
9.5 If the User has rightfully accused ArtMaster of a defect in the Courses, the time limit for exercising rights from defective performance does not run for the period during which the User is not allowed access to the Courses.
9.6 The User shall not be entitled to the right from defective performance if the defect was caused by the User.
9.7 The User shall inform ArtMaster of the right chosen by the User when notifying the defect or without undue delay after notification of the defect. The User cannot change the choice made without ArtMaster's consent; this does not apply if the User has requested the removal of a defect that proves to be irremediable.
9.8 Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that 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 claimed, the court shall not grant the right if ArtMaster argues that the right to compensation was not exercised in time.
9.9 The User is entitled to complain about defects in the Courses to ArtMaster via e-mail at firstname.lastname@example.org. In the complaint, the User is obliged to specify exactly what the defect complained consists of and also to indicate the time period during which the defect occurred.
9.10 A User's complaint shall be deemed justified if the Website is down (unavailable) and the provision of access to the Courses is interrupted for more than 168 consecutive hours.
9.11 ArtMaster is obliged to deliver a confirmation of the claim to the User. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay (a period of at least three days shall be deemed to be without undue delay), but at the earliest together with the proof of the claim settlement; the confirmation of the claim does not have to be delivered if the User is able to prove the claim in another way.
9.12 If the Consumer is not satisfied with the manner in which ArtMaster has handled his/her complaint or if he/she believes that ArtMaster has violated his/her rights, he/she has the option to contact ArtMaster with a request for redress, if ArtMaster responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the Consumer has the right to file a motion to initiate an out-of-court settlement of his/her dispute pursuant to the provisions of Section 20d of the Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.13 The competent body for out-of-court settlement of consumer disputes with ArtMaster is The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, electronic address www.coi.cz or another entity authorized by the Ministry of Industry and Trade and registered in the list of entities for out-of-court settlement of consumer disputes maintained by the Ministry of Industry and Trade of the Czech Republic; The consumer has the right to choose which of the above-mentioned entities for out-of-court settlement of consumer disputes to contact.
9.14 The consumer can use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for out-of-court settlement of their dispute.
Other rights and obligations of the parties
10.1 ArtMaster is not bound by any codes of conduct in relation to the User within the meaning of Section 1826 (1) (e) of the Civil Code.
10.2 The contract can be concluded in English.
10.3 The User hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
Personal data protection
11.1 ArtMaster is legally obliged to protect and secure the personal data provided. Therefore, ArtMaster uses various effective security technologies to protect personal data from unauthorized disclosure or use.
Use of the Website
12.1 ArtMaster hereby grants the User a non-exclusive license to use the Website in the manner provided for in these Terms and Conditions.
12.2 ArtMaster has the right to change the Website, i.e. its technical design and/or user interface.
12.3 ArtMaster has the right to limit or interrupt the functionality of the Website or access to it for a period of time necessary for maintenance or repair of the Website or for any other reason on the part of ArtMaster or a third party.
12.4 The User is obliged to comply with the applicable and effective legal regulations when using the Website.
of the Czech Republic, European Union and United States of America. The User is obliged to compensate ArtMaster or third parties in full for any damages incurred in this way.
12.5 In the event of a breach of these Terms and Conditions or the Contract or applicable and effective legislation, ArtMaster has the right to cancel the User Account.
12.6 The User acknowledges and agrees that the Website contains content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ArtMaster, the User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Courses, in whole or in part.
12.7 In connection with User’s use of the Website he/she shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
12.8 Any use of the Website or the Courses other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith are the property of ArtMaster, its affiliates and its partners (hereinafter referred to as “Software”). The User shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ArtMaster.
12.9 ArtMaster name and logos are trademarks and service marks of ArtMaster. Nothing in this Terms and Conditions or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ArtMaster trademarks displayed on the Website, without ArtMaster’s prior written permission in each instance
13.1 ArtMaster respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to email@example.com:
13.1.1 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
13.1.2 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
13.1.3 Your address, telephone number, and email address;
13.1.4 A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
13.1.5 a statement by you, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
13.1.6 a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest
Applicable law and choice of forum
14.1 These Terms and Conditions and/or Contracts, and all claims or defenses based on, arising out of, or related to these Terms and Conditions and/or Contracts of the relationship of the Parties created hereby, including without limitation those arising from or related to the negotiation, execution, performance, or breach of these Terms and Conditions and/or Contracts, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the Czech Republic including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.
14.2 Any disputes arising out of or related to these Terms and Conditions and/or Contracts or any other aspect of the Parties' relationship shall be heard only in the courts of the Czech Republic to the exclusion of all other courts and fora. The Parties irrevocably consent to the jurisdiction of, and venue in, such courts and waive any objection that such courts are an inconvenient forum.
14.3 These Terms and Conditions shall come into force on 15. 10. 2022.