Terms & Conditions
1. General Provisions
These terms and conditions (hereinafter "Terms") govern the rights and obligations between the seller and the buyer arising from or in connection with the sale of original artworks, art prints, posters, and custom commissions (hereinafter "Products") through the online shop at xtsumetai.art (hereinafter the "Website").
The seller is Matěj Pekárna, IČO: 24551660, with registered address at Číměř 39, 378 32 Číměř, Czech Republic (hereinafter the "Seller"). The Seller is a natural person registered as self-employed (OSVČ) under Czech law. The Seller is not a VAT payer (neplátce DPH).
The buyer is any person (consumer or entrepreneur) who enters into a purchase contract with the Seller through the Website (hereinafter the "Buyer"). A consumer is any natural person acting outside the scope of their business activity or profession.
By placing an order, the Buyer confirms they have read and agree to these Terms. These Terms are an integral part of the purchase contract. The Terms are available in English and Czech. In case of discrepancy, the Czech version prevails for orders subject to Czech law.
These Terms are drafted in accordance with Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, and Act No. 480/2004 Coll., on Certain Information Society Services, all as amended.
2. Products & Description
The Website offers for sale original paintings, drawings, mixed media artworks, limited edition art prints, posters, and custom art commissions. All products are described with photographs and available details on the Website or in direct communication.
Each original artwork is unique. Slight variations in color may occur due to differences in screen calibration and lighting conditions during photography. Such variations do not constitute a defect.
Custom commissions are created according to specifications agreed upon between the Buyer and the Seller prior to commencement of work.
The presentation of Products on the Website constitutes an invitation to make offers (invitatio ad offerendum) and is not a binding offer in itself.
3. Ordering & Contract Formation
Orders can be placed through the online shop on the Website (by adding Products to the cart and completing checkout), via the contact form, by email at mxtt@xtsumetai.art, or through third-party platforms. A purchase contract is concluded when the Seller confirms acceptance of the order by email.
Before submitting an order, the Buyer may review and amend all entered data. The order summary (items, prices, shipping) is displayed before payment. The Buyer submits the order by clicking the checkout button and completing payment.
The Seller will confirm receipt of the order by email without undue delay. This confirmation constitutes acceptance of the order and conclusion of the purchase contract, unless stated otherwise.
For custom commissions, the contract is concluded upon mutual agreement of the scope, price, timeline, and any reference materials. The Seller reserves the right to decline a commission request without giving a reason.
The purchase contract is stored in electronic form by the Seller and is not publicly accessible. These Terms, the order confirmation, and the Seller's contact details are provided to the Buyer by email.
4. Prices & Payment
All prices are listed in EUR and are final (the Seller is not a VAT payer). Prices include packaging but do not include shipping costs unless stated otherwise. Prices are valid as long as they are displayed on the Website.
Payment is processed securely via Stripe (online card payment — Visa, Mastercard, and other supported methods). Payment is completed before the Product is shipped. For custom commissions, a non-refundable deposit of 50% of the agreed price may be required before work begins, with the remaining balance due upon completion and before shipping.
Stripe, Inc. (headquartered in San Francisco, USA) acts as the payment processor. During checkout, the Buyer is redirected to a secure Stripe payment page. The Seller does not store or have access to the Buyer's full card details. Stripe's processing of payment data is governed by Stripe's Privacy Policy.
The Seller will issue a receipt or invoice for every transaction as required by Czech law. Invoices are sent electronically by email.
5. Shipping & Delivery
Products are shipped via tracked postal or courier services. Shipping costs are calculated based on the destination, package dimensions, and weight, and are communicated to the Buyer before order confirmation.
Estimated delivery times: Czech Republic 2–5 business days, EU 5–14 business days, international 7–21 business days. These are estimates and may vary due to customs procedures or carrier delays.
All artworks are carefully packaged to prevent damage during transit. Original paintings are shipped in rigid protective packaging.
For consumer purchases, the risk of loss or damage to the Product passes to the Buyer at the moment the Buyer (or a third party designated by the Buyer) takes physical possession of the Product (§ 2159a of the Civil Code). The Seller bears the risk during transport.
The Buyer is responsible for any customs duties, import taxes, or fees applicable in their country.
6. Right of Withdrawal (Consumer Returns)
Under EU consumer protection law and Czech Civil Code (§ 1829 et seq.), the Buyer who is a consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of receiving the Product.
To exercise this right, the Buyer must send a clear written statement (e.g., by email to mxtt@xtsumetai.art) within the withdrawal period. The Buyer may use the model withdrawal form below, but it is not obligatory.
Model withdrawal form: "I hereby notify you that I withdraw from my contract for the purchase of the following goods: [product name/order number], ordered on [date] / received on [date]. Consumer name, address, date, signature (only if sent on paper)."
The Product must be returned in its original condition, undamaged, and if possible in original packaging, to the Seller's address without undue delay and no later than 14 days from the withdrawal notice.
Exceptions: The right of withdrawal does not apply to: (a) goods made to the Buyer's specifications or clearly personalized (custom commissions) per § 1837(d), and (b) goods that have been irrevocably mixed with other goods after delivery.
Upon valid withdrawal, the Seller will refund the full purchase price (including original shipping costs for standard delivery) within 14 days of receiving the returned Product or proof that the Product has been sent back. The refund will be made using the same payment method used for the original transaction. The Buyer bears the direct cost of return shipping.
The Buyer is liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
7. Complaints & Warranty (Liability for Defects)
The Seller is responsible for defects that exist at the time of delivery. Under Czech law (§ 2165 of the Civil Code), the Buyer who is a consumer may exercise rights from defective performance within 24 months from the date of receipt.
If a defect becomes apparent within one year from receipt, it is presumed to have existed at the time of delivery unless the nature of the Product or defect precludes it (§ 2161(2) of the Civil Code).
To file a complaint, contact us at mxtt@xtsumetai.art with a description of the defect, photographic documentation, and proof of purchase (order confirmation or invoice). Complaints may also be sent by post to the Seller's address.
The Seller will acknowledge receipt of the complaint, confirm the date of filing, and resolve the complaint within 30 days unless a longer period is agreed upon. The Buyer will be notified of the outcome by email.
In case of a defect, the Buyer is entitled to: (a) repair or replacement of the Product, (b) a reasonable discount from the purchase price, or (c) withdrawal from the contract, in accordance with §§ 2169–2174 of the Civil Code.
Warranty does not cover damage caused by improper handling, storage in inadequate conditions (extreme humidity, direct sunlight, etc.), or normal wear and tear of materials.
8. Intellectual Property & Copyright
All artworks, images, designs, and content on this Website are protected by copyright law (Czech Act No. 121/2000 Coll., Copyright Act) and international copyright conventions. The Seller retains full copyright and intellectual property rights to all artworks.
Purchasing an artwork transfers ownership of the physical piece only. It does not transfer reproduction rights, licensing rights, or copyright. The Buyer may not reproduce, print, distribute, or commercially use images of the artwork without prior written consent from the Seller.
The Buyer may photograph the artwork for personal, non-commercial use (e.g., sharing on social media with proper credit to x.tsumetai / Matěj Pekárna).
9. Personal Data Protection
The Seller processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Czech Act No. 110/2019 Coll., on the Processing of Personal Data.
Categories of data processed: name, email address, shipping address, phone number (optional), order history, and account data (if registered). Payment card details are processed exclusively by Stripe and are not stored by the Seller.
Purposes and legal basis: (a) performance of the purchase contract (Art. 6(1)(b) GDPR) — order processing, shipping, communication; (b) compliance with legal obligations (Art. 6(1)(c) GDPR) — accounting, tax records; (c) legitimate interests (Art. 6(1)(f) GDPR) — fraud prevention, website security; (d) consent (Art. 6(1)(a) GDPR) — newsletter subscription, analytical cookies.
Data processors: Stripe, Inc. (payment processing), Netlify, Inc. (website hosting), Neon Tech, Inc. (database hosting), the Seller's email/SMTP provider (order communications), and shipping carriers (delivery). These processors are contractually bound to process data only for the specified purposes.
Data retention: Order data and invoices are retained for the period required by Czech tax and accounting law (minimum 5 years). Account data is retained until the Buyer requests deletion. Newsletter subscriptions can be cancelled at any time via the unsubscribe link in each email.
International transfers: Some data processors (Stripe, Netlify) are based in the United States. Transfers are safeguarded by Standard Contractual Clauses (SCCs) and/or the EU-U.S. Data Privacy Framework where applicable.
Your rights: You have the right of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18), data portability (Art. 20), objection (Art. 21), and withdrawal of consent at any time. To exercise these rights, contact mxtt@xtsumetai.art. You also have the right to lodge a complaint with the Office for Personal Data Protection (ÚOOÚ, www.uoou.cz).
For details on cookies and tracking technologies, see our Cookie Policy.
10. Dispute Resolution
In case of a consumer dispute that cannot be resolved by mutual agreement, the Buyer may file a complaint with the Czech Trade Inspection Authority (Česká obchodní inspekce — ČOI), Central Inspectorate, Štěpánská 796/44, 110 00 Prague 1, www.coi.cz, which is the competent authority for out-of-court consumer dispute resolution pursuant to Act No. 634/1992 Coll.
EU consumers may also use the Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
The Buyer may also contact the Seller directly at mxtt@xtsumetai.art with any complaint or concern. The Seller will respond within a reasonable time.
11. Limitation of Liability
The Seller is not liable for delays or failure to perform obligations caused by circumstances beyond reasonable control (force majeure), including but not limited to natural disasters, postal strikes, pandemics, or government actions. The Seller's total liability shall not exceed the purchase price of the Product in question. This limitation does not affect the Buyer's statutory rights as a consumer.
12. Contact Information
For any questions regarding these Terms, orders, or complaints, please contact:
Matěj Pekárna
IČO: 24551660
Číměř 39, 378 32 Číměř, Czech Republic
mxtt@xtsumetai.art
+420 735 221 081
13. Final Provisions
These Terms are governed by the laws of the Czech Republic. Any matters not covered by these Terms shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, and Act No. 480/2004 Coll., on Certain Information Society Services, all as amended.
If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The Seller reserves the right to amend these Terms. The current version is always available on this Website. Changes take effect upon publication. Orders placed before the change are governed by the version in effect at the time of placing the order.