Terms and Conditions for the Sale of Paintings and Art Prints
1. Introductory Provisions
These Terms and Conditions (hereinafter “T&C”) govern the rights and obligations of the contracting parties in the sale of original works of art and their art prints through the website www.dudak.art, by email, telephone, social media, or in person (at exhibitions, in the studio, or at a gallery).
Seller:
Ing. Ondřej Dudák, ID No.: 75322129, non-VAT payer
Registered address: Strouhalova 2743, 272 01 Kladno
Registered with the Municipal Authority of Kladno, web: www.dudak.art (hereinafter “the Seller”).
Seller’s bank accounts:
- CZK account number for payments within the Czech Republic: 2200154548 / 2010
- EUR account number for payments within the Czech Republic: 2303001392 / 2010
- EUR account number – international format: IBAN: CZ1920100000002303001392, SWIFT: FIOBCZPPXXX
The Buyer is any natural or legal person who expresses interest in purchasing a work of art and concludes a purchase agreement with the Seller.
By submitting an order or confirming their interest in a purchase, the Buyer acknowledges that they have read these T&C and agree to them.
2. Types of Works Offered
The Seller offers the following types of works:
a) Original works of art – in stock
Completed original works (paintings, drawings, etc.) presented on the website or at exhibitions. They are offered as unique originals.
b) Original works of art – commissioned production
Works created based on the Buyer’s individual order (e.g. specific subject matter, dimensions, or colour scheme). Commissioned works are created specifically for the Buyer, and therefore the right to withdraw from the contract without stating a reason pursuant to Section 1837(d) of Act No. 89/2012 Coll., the Civil Code, does not apply.
c) Art prints – limited editions
High-quality reproductions of original works, printed in a limited number of copies. Each print is numbered (e.g. 3/30), comes with a certificate of authenticity, and bears the author’s signature. The Buyer selects the size of the print, and printing takes place only after the order has been confirmed. Art prints produced according to the Buyer’s specification (in particular the chosen size) are made to order and the right to withdraw from their purchase without stating a reason pursuant to Section 1837(d) of the Civil Code does not apply.
3. Order and Conclusion of Contract
An order may be placed via:
- the contact form on the website www.dudak.art,
- email,
- telephone,
- the Seller’s social media,
- in person at an exhibition, gallery, or studio.
By submitting an order, the Buyer expresses their interest in purchasing a specific work. The contract is concluded at the moment the Seller confirms the order in writing (by email) and informs the Buyer of the final price including shipping and packaging costs.
The Seller reserves the right to refuse an order, in particular if the work has already been sold, or to adjust the delivery conditions in agreement with the Buyer.
The order confirmation includes: a description of the work, price, method and cost of delivery, payment method, and estimated delivery date.
4. Price and Payment Terms
Prices listed on the website are indicative and do not include shipping and packaging costs. The final price is communicated to the Buyer in the order confirmation and includes:
- the price of the work,
- shipping costs (depending on method and destination),
- packaging costs and any additional services (framing, gift wrapping, etc.).
Payment is possible by bank transfer to the Seller’s account. Other payment methods may be arranged individually.
The work will be dispatched only after the full payment has been credited to the Seller’s account, unless the parties agree otherwise in writing. For commissioned works, the Seller may require a deposit of up to 50% of the price before commencing work.
The Seller is not a VAT payer – prices are final and VAT does not apply.
Sales within the EU are conducted in CZK or EUR as agreed with the Buyer.
5. Delivery Terms
The method and date of delivery are agreed individually with the Buyer prior to order confirmation. The Seller ships works within the Czech Republic and European Union member states.
The Seller undertakes to dispatch the work within the agreed timeframe. The Seller is not responsible for delays caused by the carrier, but will provide full assistance in resolving any delivery issues.
The Buyer is required to inspect the shipment upon receipt. If the packaging is visibly damaged, the Buyer has the right to refuse the shipment or accept it with reservations. Any damage must be reported to the Seller within 48 hours of receipt of the shipment by email with photographic documentation.
The work may be collected in person at the Seller’s studio or at an exhibition, subject to prior arrangement. Personal collection is free of shipping and packaging charges.
6. Withdrawal from Contract
6.1 Consumer’s right to withdraw from the contract
The Buyer – a natural person acting as a consumer (i.e. a person acting outside the scope of their business activity) – has the right to withdraw from a purchase contract concluded by remote means (online, email, telephone, social media) without stating a reason, within 14 days of receiving the work, in accordance with Section 1829 of the Civil Code.
Exceptions – the right to withdraw does not apply to:
- original works created to order according to the Buyer’s specification,
- art prints printed according to the Buyer’s individually chosen size,
- works purchased in person (at an exhibition, in the studio, at a gallery).
If the right to withdraw applies, the Buyer shall notify the Seller of their intention by email. The work must be returned within 14 days of sending the withdrawal notice, undamaged and in its original packaging. The cost of returning the work is borne by the Buyer.
The Seller will refund the Buyer the paid price of the work (excluding shipping and packaging costs) within 14 days of receiving the returned work, using the same payment method by which the payment was received, unless the parties agree otherwise.
6.2 Withdrawal by the Seller
The Seller is entitled to withdraw from the contract, in particular if the work has been damaged or destroyed before dispatch, or for other serious reasons. In such a case, the Seller will return all payments made by the Buyer in full without undue delay.
7. Complaints and Liability for Defects
The Seller is liable for defects that the work has at the time of handover to the Buyer, or that become apparent during the warranty period.
The warranty period for Buyers acting as consumers is 24 months from the date of receipt of the work. For Buyers acting as business entities, the warranty period is governed by the Civil Code (Sections 2099 et seq.).
The following are not considered defects:
- natural variability of a hand-crafted original (texture, brushstrokes, minor deviations from photographs),
- colour change caused by inappropriate lighting or storage conditions,
- damage caused by improper handling by the Buyer.
The Buyer is required to make a complaint by email without undue delay after discovering the defect. The complaint must include a description of the defect and photographic documentation. The Seller will respond to the complaint within 30 days of receiving it.
8. Copyright and Licence Terms
8.1 Retention of copyright
All works offered by the Seller are protected by copyright under Act No. 121/2000 Coll. (Copyright Act) and applicable EU regulations. The author (Seller) retains all copyrights to the work even after its sale.
The sale of a work transfers to the Buyer exclusively the right of ownership of the physical medium (canvas, paper, etc.). No copyright or any intellectual property rights in the work are transferred to the Buyer.
8.2 Prohibition on commercial and other unauthorised use
Without the prior written consent of the Seller, the Buyer is prohibited from:
- using the work or its reproduction for any commercial purpose (advertising, promotion, merchandising, sale of reproductions, etc.),
- making and distributing reproductions of the work (in print, digitally or by any other means),
- modifying, reworking, or creating derivative works from the work,
- publicly displaying the work for commercial gain without the author’s consent,
- placing the work or its reproductions on the market without the Seller’s written consent.
The Buyer is entitled to display the work in private or non-commercial premises and to take photographs for personal use without the right to distribute them.
8.3 Licence agreement for commercial use
If the Buyer wishes to use the work or its reproduction commercially (e.g. for advertising campaigns, printing on products, use in the media, etc.), the Buyer is required to conclude a separate licence agreement with the Seller.
The terms of the licence agreement (scope, territorial and time limitations, remuneration) are negotiated individually. The Seller reserves the right to refuse a licence.
Interest in concluding a licence agreement can be expressed by email to the Seller’s contact address.
8.4 Infringement of copyright
Infringement of copyright entitles the Seller to seek protection under the Copyright Act, including a claim for damages, surrender of unjust enrichment, and fair compensation.
9. Certificate of Authenticity
The Seller issues a certificate of authenticity with every original work and art print. The certificate contains:
- the title and description of the work,
- technique and materials used,
- dimensions,
- year of creation,
- name and signature of the author,
- in the case of a print: the edition number and total number of copies.
The certificate of authenticity attests to the authenticity of the work, but does not confer any copyright or licences on the Buyer.
10. Special Conditions for Business Customers (B2B)
If the Buyer acts within the scope of their business activity (provides their company ID number), the following provisions apply by way of derogation from these T&C:
- the right to withdraw from the contract without stating a reason under Section 1829 of the Civil Code does not apply,
- warranty and complaints conditions are governed exclusively by the relevant provisions of the Civil Code on defects in goods (Sections 2099 et seq.),
- the Seller’s liability for damages is limited to the purchase price of the work.
All licence and copyright conditions set out in Article 8 of these T&C apply to business customers without exception.
11. Personal Data Protection (GDPR)
The Seller processes Buyers’ personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll. on the processing of personal data.
Personal data (name, address, email, telephone number) are processed exclusively for the purpose of:
- processing orders and concluding purchase contracts,
- communicating with the Buyer during the transaction,
- fulfilling the Seller’s legal obligations.
Personal data are not disclosed to third parties without the Buyer’s consent, except to carriers (to the extent necessary for the delivery of the shipment) and, where applicable, to public authorities on the basis of a legal obligation.
The Buyer has the right to access their personal data, rectification, erasure, restriction of processing, and data portability. Any complaints may be addressed to the Office for Personal Data Protection (www.uoou.cz).
More detailed information on the processing of personal data is available in the Privacy Policy on the Seller’s website.
12. Governing Law and Dispute Resolution
These Terms and Conditions and all contractual relationships arising therefrom are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll. (Civil Code) and Act No. 121/2000 Coll. (Copyright Act).
All disputes will be resolved by the parties preferably through amicable settlement. In the event of failure, the competent court of the Czech Republic shall have jurisdiction in accordance with general legal regulations.
The Buyer acting as a consumer has the right to out-of-court resolution of a consumer dispute through the Czech Trade Inspection Authority (www.coi.cz), which is the relevant body for out-of-court resolution of consumer disputes.
For Buyers from EU countries, the online dispute resolution platform is also available at: https://ec.europa.eu/consumers/odr.
13. Final Provisions
These Terms and Conditions are valid and effective from the date of their publication on the website www.dudak.art. The Seller reserves the right to change these T&C at any time. The Buyer is required to familiarise themselves with the current version of the T&C before submitting an order.
For legal relationships arising from orders placed before the amendment of the T&C, the T&C in force at the time of placing the order shall apply.
If any provision of these T&C is or becomes invalid or ineffective, the remaining provisions shall remain in force.
For any queries, the Buyer may contact the Seller via the contact form on the website or by email.
Date of issue: 23 May 2025
Last updated: 23 May 2025
Privacy Policy
1. Who is the controller of your personal data?
The controller of your personal data is:
| Full name | Ing. Ondřej Dudák |
| Company ID | 75322129 |
| Address | Strouhalova 2743, 272 01 Kladno |
| Website | www.dudak.art |
| VAT payer | No |
The controller processes your personal data in accordance with 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 (hereinafter “GDPR”) and Act No. 110/2019 Coll. on the processing of personal data.
2. What personal data do we process?
We process only data that you provide to us yourself in connection with an order, enquiry, or communication with us. This may specifically include:
- first name and surname,
- email address,
- telephone number,
- delivery and billing address,
- for companies: company name and company ID number,
- content of communication (messages, order requests, preferences),
- payment details (account number for the purpose of refunds – we do not store card numbers).
We do not process any sensitive personal data (health status, religious beliefs, political opinions, etc.).
3. For what purposes and on what legal basis do we process data?
3.1 Performance of a contract (Art. 6(1)(b) GDPR)
Processing is necessary for the conclusion and performance of a purchase contract or a course agreement. This specifically includes:
- processing orders and communicating with the buyer,
- delivering the purchased work or confirming a course registration,
- issuing tax documents,
- handling complaints and processing refunds.
3.2 Compliance with legal obligations (Art. 6(1)(c) GDPR)
We are required by law to process certain data, such as accounting and tax documents, which we retain for the period prescribed by law (generally 10 years).
3.3 Legitimate interests of the controller (Art. 6(1)(f) GDPR)
Based on our legitimate interests, we may process data for the purposes of:
- protecting our legal claims (e.g. in the event of a dispute),
- sending a thank-you for an order or information about new works or courses to existing customers – this can be declined at any time.
3.4 Consent (Art. 6(1)(a) GDPR)
If you give us your consent (e.g. to subscribe to a newsletter), we process data on that basis. Consent can be withdrawn at any time without affecting the lawfulness of processing prior to withdrawal. Based on consent, we process your email address for the purpose of sending newsletters via the Ecomail tool.
4. How long do we retain data?
| Purpose of processing | Retention period |
| Order data (purchase contract) | Duration of contract + 4 years |
| Accounting and tax documents | 10 years from document date (statutory) |
| Complaints | Duration of complaint process + 4 years |
| Marketing communication (consent) | Until consent is withdrawn |
| Email / form communication | 3 years from last communication |
Upon expiry of the retention period, data are securely deleted or anonymised.
5. To whom do we disclose your data?
We do not disclose your personal data to third parties for their own marketing purposes. Data may be disclosed only to:
- carriers and courier services – to the extent necessary for delivery of the shipment (name, address, telephone number),
- payment gateway providers – if used during payment,
- accounting advisors – limited to accounting documents, under a confidentiality obligation,
- public authorities (e.g. tax administration, courts) – only on the basis of a legal obligation,
- Ecomail.cz, s.r.o. – for the purpose of sending email campaigns and newsletters.
All recipients are contractually obliged to protect your data in accordance with GDPR.
5.1 Transfers of data to third countries
We do not transfer your data to countries outside the European Economic Area (EEA). Should this occur in the future, we will ensure appropriate legal safeguards (e.g. EU standard contractual clauses).
6. What are your rights?
As a data subject, you have the following rights, which you may exercise in writing at info@dudak.art:
Right of access (Art. 15 GDPR)
You have the right to obtain information as to whether we process your personal data and, if so, to access it and receive a copy.
Right to rectification (Art. 16 GDPR)
You have the right to request the correction of inaccurate or the completion of incomplete personal data.
Right to erasure (Art. 17 GDPR)
You have the right to request erasure of your data if the purpose of processing has ceased, you have withdrawn consent, or the data are processed unlawfully. This right does not apply to data we are required to retain by law.
Right to restriction of processing (Art. 18 GDPR)
You have the right to request that we restrict the processing of your data, e.g. while the accuracy of the data is being verified.
Right to data portability (Art. 20 GDPR)
You have the right to receive your data in a structured, commonly used and machine-readable format and to transmit it to another controller.
Right to object (Art. 21 GDPR)
You have the right to object to processing based on legitimate interests (e.g. to the sending of commercial communications). Following the objection, we will no longer process the data for that purpose.
Right to withdraw consent
If processing is based on consent, you may withdraw it at any time without affecting the lawfulness of processing prior to withdrawal.
We respond to your requests without undue delay, and in any event within 30 days. In justified cases, this period may be extended by a further 2 months.
7. Where can you lodge a complaint?
If you believe that we are processing your personal data in violation of GDPR, you have the right to lodge a complaint with the supervisory authority:
| Authority | Office for Personal Data Protection (UOOU) |
| Address | Pplk. Sochora 27, 170 00 Prague 7 |
| Website | www.uoou.cz |
| posta@uoou.cz | |
| Telephone | +420 234 665 111 |
However, we recommend that you contact us directly at info@dudak.art first – we are able to resolve most situations quickly and without formal proceedings.
8. Cookies and web analytics
The website www.dudak.art may use cookies to ensure the proper functioning of the site and to analyse traffic. Detailed information about the cookies used and options for managing them can be found in the Cookie Policy on our website.
If the website uses third-party tools (e.g. Google Analytics), processing takes place in accordance with the terms of the respective providers. You may decline the use of analytical cookies via the cookie settings on the website.
As part of newsletter distribution via the Ecomail.cz service, email opens and link clicks may be tracked for the purpose of evaluating the success of campaigns.
9. How do we protect your data?
We implement technical and organisational measures to protect your personal data against unauthorised access, loss or destruction. Specifically:
- communication takes place via an encrypted connection (HTTPS),
- access to data is limited to authorised persons only,
- data are stored on secure servers,
- in the event of a security incident, we are required to notify the affected individuals and the UOOU in accordance with GDPR requirements.
10. Final provisions
This policy is valid and effective from the date of its publication on www.dudak.art. The controller reserves the right to update this policy in accordance with legislative changes. Users will be informed of any material changes via the website.
For any questions regarding the processing of your personal data, please contact us at info@dudak.art.
Date of issue: 23 May 2025