Terms and Conditions

These terms and conditions govern the mutual rights and obligations and any other legal relationships of the contracting parties arising in connection with or on the basis of a purchase contract or a contract for work (hereinafter also the “Contract”) concluded remotely, whether by telephone, e-mail or through the internet portal operated at https://terrestudio.eu, between the entrepreneur, i.e. BitWorx s.r.o., Company ID (IČO): 23591897, registered office at Hrabyňská 45/6, Svinov, 721 00 Ostrava, Czech Republic, and a customer, a consumer, i.e. another natural or legal person.

The terms and conditions further govern the rights and obligations of the contracting parties when using the seller’s website located at the above-mentioned address https://terrestudio.eu and the legal relationships related thereto.

Provisions deviating from the provisions set out in the terms and conditions may be agreed in the contract. Such deviating provisions take precedence over these Terms and Conditions.

The provisions of the terms and conditions form an integral part of the concluded contract, in particular a purchase contract, a contract for work, a contract on tourism services or a contract on the use of leisure time (hereinafter also the “Contract”). The Contract, as well as the terms and conditions, are drawn up in the Czech language.

The seller reserves the right to amend or supplement the terms and conditions. Such amendments or supplements do not affect the rights and obligations that arose before the effective date of these amendments or, as the case may be, supplements to the terms and conditions.

The Civil Code means Act No. 89/2012 Coll., the Civil Code, as in force. The Consumer Protection Act means Act No. 634/1992 Coll., on consumer protection, as in force.

The seller means BitWorx s.r.o., Company ID (IČO): 23591897, with its registered office at Hrabyňská 45/6, Svinov, 721 00 Ostrava, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 100488.

The customer means a natural or legal person who concludes a Contract with the Seller.

The consumer means a natural person – a non-entrepreneur who concludes a Contract with the Seller, within the meaning of Section 419 of the Civil Code.

The entrepreneur means a natural or legal person within the meaning of Section 420 of the Civil Code.

The web interface means the website operated at the address https://terrestudio.eu.

The web interface of the shop contains a list of goods offered for sale by the seller, including the dimensions, material, characteristics and prices of the individual goods offered. The prices of the goods offered are stated including value added tax and all related fees.

The offer to sell goods and the prices of such goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s option to conclude a purchase contract under individually agreed conditions.

All offers to sell goods placed in the web interface of the shop are non-binding, and the seller is not obliged to conclude a purchase contract regarding such goods, in particular if there is an obvious error in the stated price that must be apparent to the buyer, or if the goods are not in stock.

The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

The buyer makes an offer to conclude a purchase contract through the internet portal operated by the seller by sending an electronic order in which the buyer fills in data, in particular

• the information necessary to characterise their person,
• the method of payment of the purchase price of the goods and details of the required method of delivery of the ordered goods, including packaging charges,
• the information about the costs associated with the delivery of the goods (hereinafter the “order”).

Immediately after receiving the order, the seller confirms its receipt to the buyer by electronic mail, to the buyer’s e-mail address stated in the user interface or in the order (hereinafter the “buyer’s electronic address”); this confirmation is understood as acceptance of the buyer’s offer.

The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected transport costs), to ask the buyer for additional confirmation of the order (for example in writing or by telephone).

The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer’s e-mail address.

The buyer acknowledges that the seller is not obliged to conclude a purchase contract, in particular with persons who have previously materially breached their obligations towards the seller.

The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer alone.

The buyer pays the price of the goods and any other costs associated with the delivery of the goods by one of the following methods, choosing which of them when submitting the electronic order:

• by cashless transfer to the seller’s account specified by the seller (hereinafter the “seller’s account”);
• by cashless payment card.

In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the amount is credited to the seller’s account.

Any discounts on the price of goods granted by the seller to the buyer cannot be combined with each other, unless otherwise agreed.

If it is customary in business dealings or if so provided by generally binding legal regulations, the seller issues to the buyer a tax document – an invoice – regarding payments made on the basis of the purchase contract. The seller is not a value added tax (VAT) payer. The seller issues the tax document – invoice – to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s electronic address.

The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that the method of transport is agreed on the basis of the buyer’s request, the buyer bears the risk and any additional costs associated with such method of transport.

The seller undertakes to dispatch the goods without undue delay, but no later than within 30 days of the conclusion of the contract.

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. In the event that the buyer fails to take over the goods without giving a reason, the buyer is obliged to pay the seller the costs associated with the delivery of the goods (in particular postage and packaging).

Upon taking over 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 immediately. If a breach of the packaging is found indicating unauthorised entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact. If the buyer discovers that, although the packaging was not damaged, the delivered goods are damaged, they shall notify the seller without delay.

Further rights and obligations of the parties in the transport of goods may be regulated by the seller’s special delivery terms, if issued by the seller.

The seller delivers an invoice to the buyer together with the goods. After taking them over, the buyer is obliged to inspect the delivered goods and the attached invoice and to notify the seller in writing of any defects and discrepancies with the actual state of the goods without undue delay, no later than within two working days. This applies in particular to cases where the delivered goods do not correspond to the content of the invoice or the invoice is not correctly filled in. In the notification, the buyer is obliged, to the extent possible, to specify the defects found.

The consumer 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 adjusted according to the consumer’s wishes and for other reasons specified by law. The seller advises the Buyer that it sells in particular 3D models of relief maps adjusted according to the Buyer’s wishes.

If it is not a case referred to in Article VI, paragraph 1, or another case where it is not possible to withdraw from the purchase contract, the consumer has, in accordance with the provisions of Section 1829(1) of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of taking over the goods.

The consumer may send the withdrawal from the purchase contract to the seller’s address BitWorx s.r.o., Company ID (IČO): 23591897, registered office at Hrabyňská 45/6, Svinov, 721 00 Ostrava, Czech Republic, or to the electronic address terrestudio@bitworx.cz; in the withdrawal from the contract, the consumer shall state the order number and specify the goods by their name and quantity.

In the case of withdrawal from the contract pursuant to Article VI, paragraph 2, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) working days of sending the withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and unworn and in the original packaging.

In the case of withdrawal from the contract pursuant to Article VI, paragraph 2, of the terms and conditions, the seller shall return the performance provided by the consumer to the consumer within fourteen (14) days of delivery of the withdrawal from the purchase contract and the return of the goods, by cashless transfer to an account designated by the consumer. As regards the costs of delivery of the goods, the Seller informs the Consumer that the costs of delivery of the goods are refunded regardless of the delivery method chosen by the Buyer, according to the amount of the delivery price, as if the Buyer had chosen the cheapest delivery method. The Seller is also entitled to return the performance provided by the consumer already upon the return of the goods.

The consumer acknowledges that if the returned goods are damaged, worn or partially consumed, the seller has a claim against the consumer for compensation for the damage thereby incurred. The buyer expressly agrees that the seller may, in the event of damage incurred, set off such damage against the purchase price being returned.

Until the goods are taken over by the consumer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the consumer without undue delay, by cashless transfer to an account designated by the consumer.

If a gift is provided to the consumer together with the goods, the gift contract between the seller and the consumer is concluded with a resolutive condition that, if the consumer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the consumer is obliged to return the provided gift to the seller together with the goods.

The rights and obligations of the contracting parties arising from defective performance, in the event that the buyer is an entrepreneur, are governed by the relevant legal provisions, i.e. in particular Section 2099 et seq. of the Civil Code. In the event of a breach of contract, the entrepreneur has the rights arising from Sections 2106 and 2107 of the Civil Code. These rights include repair, replacement, a reasonable discount on the purchase price, and, if none of these is possible, withdrawal from the purchase contract.

The seller advises that it sells in particular 3D models of relief maps adjusted according to the buyer’s wishes, for which appearance is the most important aspect. The seller therefore advises that the service life of the goods sold may be shorter than is usual.

The seller is liable to the consumer that the item sold is in conformity with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the item sold has the quality and utility properties required by the contract, described by the seller, the manufacturer or its representative, or expected on the basis of advertising carried out by them, or, as the case may be, the quality and utility properties usual for an item of such kind, that it meets the requirements of legal regulations, is in the corresponding quantity, measure or weight, and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.

In the event that the item, upon being taken over by the consumer, is not in conformity with the purchase contract (hereinafter the “conflict with the purchase contract”), the consumer has the right to have the seller bring the item, free of charge and without undue delay, into a condition corresponding to the purchase contract, at the consumer’s request either by repairing the item or by replacing it; if such a procedure is not possible, the consumer may request a reasonable discount on the price of the item or withdrawal from the contract.

This does not apply if, before taking over the item, the consumer knew about the conflict with the purchase contract or caused the conflict with the purchase contract themselves. A conflict with the purchase contract that becomes apparent within six (6) months of the date of taking over the item is deemed to be a conflict existing already at the time of its take-over, unless this is contrary to the nature of the item or unless the seller proves otherwise.

Unless the items are perishable or used items, the seller is liable for defects that become apparent as a conflict with the purchase contract after the take-over of the item during the warranty period (warranty), which is twenty-four (24) months. For used items, the warranty period is 12 months. This period is suspended for the time during which the seller has taken over the goods for the complaint procedure.

The rights arising from defective performance do not apply to normal wear and tear, mechanical damage caused by improper handling by the consumer, etc.

The seller shall hand over a warranty certificate to the consumer upon their request. If the consumer does not do so, the tax document (invoice) normally serves the function of the warranty certificate.

The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

The buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The buyer undertakes not to carry out any activity that could enable them or third parties to interfere improperly with or improperly use the software or other components forming the web interface of the shop.

When using the web interface of the shop, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the shop. The web interface of the shop may be used only to the extent that is not to the detriment of the rights of the seller’s other customers and that is in accordance with its purpose.

The buyer acknowledges that the seller is not liable for errors arising as a result of interference by third parties with the website or as a result of the use of the website contrary to its purpose.

The protection of the buyer’s personal data is regulated in a separate document – the Rules for the Processing of Personal Data.

The buyer has the right to an out-of-court settlement of a dispute arising from this purchase contract pursuant to the provisions of Section 20d et seq. of Act No. 634/1992 Coll. (the Consumer Protection Act), of which the seller informs pursuant to the provisions of Section 14 of the Consumer Protection Act. The competent body is the Czech Trade Inspection Authority, which publishes information on the out-of-court settlement of disputes on its website www.coi.cz.

If a relationship related to the use of the website or a legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.

If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by a provision whose meaning 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. Amendments and supplements to the purchase contract or the terms and conditions require textual form.

These terms and conditions were reviewed by the Consumer Protection Association – Asociace, z.s. and on this basis it granted the Seller the GOS quality mark (Consumer Protection Guarantee).

These terms and conditions take effect on 1 September 2026.