Terms and Conditions

I.

Basic Provisions

 

  1. These general terms and conditions (hereinafter referred to as the „terms and conditions“ or „GTC“) are issued under Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the „Civil Code“) and Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended (hereinafter referred to as the „Consumer Protection Act“).

 

ArtMoment s. r. o.
Company ID: 57 581 461
legal form: limited liability company
registered office: Lermontovova 911/3, 811 05 Bratislava-Staré Mesto
registered in the Commercial Register of the Bratislava III Municipal Court
contact details:
e-mail: support@artmoment.sk
phone: +421 2 7727 0167
website: www.artmoment.sk

 

(hereinafter referred to as the „trader“)

 

  1. These terms and conditions govern the mutual rights and obligations of the trader and a natural person who concludes a contract outside their business activity as a consumer or course participant, or within their business activity (hereinafter referred to as the „customer“) through the web interface located on the website or the binding registration form available at www.artmoment.sk (hereinafter referred to as the „website“).
  2. For the purposes of these GTC, a consumer means a natural person who, when concluding and performing a consumer contract, does not act within the scope of their business activity, employment or profession.
  3. The provisions of the terms and conditions are an integral part of the contract. Deviating arrangements in the contract take precedence over the provisions of these terms and conditions. Provisions of these terms and conditions that would be in conflict with mandatory provisions of generally binding legal regulations on consumer protection shall not apply.
  4. These terms and conditions and the contract are concluded in the Slovak language. This English version is provided for informational purposes only; in the event of any discrepancy, the Slovak version prevails.

 

II.

Subject of Performance

 

  1. The subject of performance is the provision and conduct of an „experience painting evening“ as a one-off course, i.e. a workshop for the public scheduled for a specific date and defined time period, or for a date and defined time period determined for a private event, on the basis of e-mail communication with the customer (hereinafter referred to as the „course“).
  2. The experience painting evening (course) does not serve to teach painting, but to develop creativity and support the individual creativity of each participant. The characteristics of the courses are publicly available on the trader's website at www.artmoment.sk.

 

III.

General Provisions

 

  1. The trader undertakes to fulfil the published conditions for the provision and conduct of the experience evening (course), in particular regarding the date, scope, price, quality of performance and provision of instructors.
  2. The customer is obliged to pay for the course duly and on time and, in case of non-attendance, to contact the trader sufficiently in advance.
  3. The trader has the right to cancel the customer's reservation if payment is not made within 48 hours of creating the reservation, or if it is not possible to contact the customer by telephone or e-mail, in particular due to the blocking of limited course capacity for other interested parties.
  4. The trader is obliged to provide the necessary art tools and materials for drawing, painting and creating the artwork at the course.
  5. The customer acknowledges that the trader is not responsible for the result of the customer's painting at the given course, as it is the result of the individual creative expression of the customer.
  6. The trader is obliged to duly inform the customer about the proper and safe handling of art tools and paints available at the course.
  7. The customer is obliged to inform the trader of non-attendance at the experience painting course no later than 48 hours before the date of the booked course. Only in such a case is it possible to cancel the booked course date and choose an alternative date or fully cancel without a cancellation fee. The trader reserves the right to apply a cancellation fee in the amount of:
    1. 50 % of the course price in the case of cancellation of the course date no later than one hour before the planned start of the course, with the indication and subsequent documentation of a serious reason for the cancellation; the customer is obliged to prove the reason for cancellation within 3 days from the date of notification of such cancellation, and if they fail to prove it within the set period, they are obliged to pay the cancellation fee under point b),
    2. 100 % of the course price in other cases.
  8. The customer is obliged to assume full responsibility for damage caused at the venue due to inattention, irresponsible behaviour and failure to comply with the advice and recommendations of instructors and organisers (the trader).
  9. For selected reservations, the trader may offer an additional service „Increased Flexibility“ at a price of EUR 8, which applies to changes of experience dates. If the customer chooses and pays for this service when making a reservation, the change of date or cancellation of the experience may be made up to 6 hours before the start without a fee. This does not affect the possibility to change the name of the guest at any time before the start of the experience.

 

IV.

Date and Conduct of the Course

 

  1. The basic experience evening is held on a pre-determined date. It is a one-off course in a fixed time frame usually lasting 3 hours, unless stated otherwise in advance.
  2. The start of the course is always specified in advance in the registration form and on the trader's website www.artmoment.sk.
  3. The trader reserves the right to postpone the start and end of the course where this is necessary for technical reasons.
  4. If the course cannot be started for serious reasons, the trader is entitled to choose an alternative way of providing the course. The customer will be notified of this fact in advance.
  5. The trader reserves the right to cancel the course due to non-fulfilment of the minimum capacity of the course (the minimum number is 8 persons). The trader is obliged to inform the customer of this fact no later than 1 working day before the start of the course. The trader is obliged to offer the customer an alternative solution (the option to attend the course on another date, transfer of the paid amount to an individual alternative date, or refund of the paid amount). The amount paid is in this case fully refundable.
  6. The trader reserves the right to cancel the course due to complications in the venue reservation with a third party. The trader is obliged to inform the customer of this fact without undue delay after receiving such information from the third party. The trader is obliged to offer the customer an alternative solution (the option to attend the course on another date, transfer of the paid amount to an individual alternative date, or refund of the paid amount). The amount paid is in this case fully refundable.

 

V.

Payment Terms and Price of the Service

 

  1. The price for the relevant course is determined according to the trader's price list of courses published at www.artmoment.sk and is stated in the customer's order in the binding registration form. All prices are stated including VAT, if the trader is a VAT payer.
  2. The price for the relevant course includes one experience painting evening, the necessary art tools and materials, instructions for their proper use and individual consultation. The price also typically includes one welcome drink provided by a third party (restaurant, café, etc.) where the course is held. The customer acknowledges that the form of the welcome drink may vary depending on the location and current offer of the third party, and in exceptional cases, due to limitations on the part of the venue, the welcome drink may not be provided. The non-provision of the welcome drink in such an exceptional case is not grounds for complaint.
  3. Consumption of beverages beyond those listed in the course specification or payment terms is fully paid for by the customer, as is consumption of food.
  4. If payment is not made within 48 hours of creating the reservation, the trader has the right to cancel the reservation due to limited capacity.
  5. To speed up and confirm the reservation, confirmation of an already executed transaction by the customer to the previously specified bank account of the trader will be accepted.
  6. The price for the relevant course can be paid by bank transfer, online by payment card, or using a gift voucher.
    1. Payment by bank transfer: When paying by this method, the customer will be provided with the necessary information to make the payment. An invoice will subsequently be issued. The customer is obliged to comply with the due date of the tax document. If the payer is a legal entity, the customer is obliged to provide the Company ID, and where applicable Tax ID and VAT ID, and the registered office of that legal entity.
    2. Payment by gift voucher: When paying by gift voucher, the customer is obliged to indicate this fact in the note section of the trader's registration form and to present the gift voucher to the trader's responsible employee. The voucher serves as a one-off means of payment.
  7. The trader may offer additional services and fees related to the reservation, in particular the „Increased Flexibility“ service at a price of EUR 8. If the customer chooses and pays for the service, the conditions set out in Article III of these terms and conditions apply to the relevant reservation.

 

VI.

Gift Voucher

 

  1. A gift voucher allows its holder to attend a selected course during the validity period of the voucher.
  2. The validity period of the gift voucher is 6 months. The validity may be extended for a fee set by the trader.
  3. The price of the gift voucher depends on the venue and type of voucher and is always governed by the current offer published at www.artmoment.sk.
  4. The customer will receive the gift voucher in electronic form to the e-mail address provided in the binding registration form. The customer may also choose a printed version of the voucher. In such a case, the price of the fee for the printed version depends on the delivery method chosen by the customer.
  5. The gift voucher cannot be returned or exchanged for money unless expressly stated otherwise in these terms and conditions. This does not affect the consumer's right to withdraw from a contract concluded at a distance pursuant to Article VIII of these GTC.
  6. If the gift voucher is applied to a service with a price lower than the value of the voucher, the customer acknowledges that the unused part of the value of the voucher is forfeited and will not be refunded.
  7. The trader may offer the additional service „Extended Validity“ at a price of EUR 8. If the customer chooses and pays for this service when purchasing the voucher, the validity of the voucher will be immediately extended to 12 months from the date of voucher purchase.
  8. The trader may offer the additional service „Risk-Free Gift“ at a price of EUR 8. If the customer chooses and pays for this service when purchasing the voucher, the following conditions for refund of the gift voucher apply:
    1. within 14 days of voucher purchase, a refund is possible without a fee,
    2. after 14 days from voucher purchase, a full refund is possible without any cancellation fee,
    3. a refund is possible at any time during the validity of the voucher.
  9. If the „Risk-Free Gift“ service is not selected and paid for at the time of voucher purchase, the standard refund conditions for the gift voucher apply: within 14 days of purchase, a refund is possible without a fee under the consumer's right to withdraw from a contract concluded at a distance; after 14 days from purchase, a cancellation fee of EUR 20 is charged. After 14 days from purchase, a refund is generally not possible.

 

VII.

Complaints and Liability for Defects

 

  1. The rights and obligations of the contracting parties regarding liability for defects are governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
  2. If the customer is dissatisfied with the quality of the course, they are obliged to inform the trader of this fact in person (one of the organisers or the instructor present at the course) or in writing, e.g. by e-mail to support@artmoment.sk or via the complaint form, which is available from the trader on request.
  3. A complaint about the course may be submitted no later than the start of the third block of the course, more precisely within the third hour from the start of the course, which the customer acknowledges and agrees to. If the customer missed the first blocks of the course, the deadline for filing a complaint is not extended.
  4. The trader will confirm receipt of the complaint in electronic form no later than 2 working days.
  5. The trader or an authorised employee shall decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time required for an expert assessment of the defect. The handling of the complaint must not exceed 30 days from the date the complaint was filed. After the expiry of this period, the consumer has the same rights as if it were a defect that cannot be remedied.
  6. The trader will issue the customer a written confirmation of filing the complaint and, no later than 30 days from the date of filing the complaint, also a written document on the handling of the complaint.
  7. If the trader recognises the complaint as justified, they will propose a solution to the customer, e.g. allowing attendance on another date or refunding the paid price to the customer (in all cases, this means refunding a proportionate part of the course fee, i.e. after deducting the amount for blocks already conducted or course time already provided).
  8. Obstacles arising on the customer's side will not be recognised as a relevant reason for a complaint. This includes in particular changes in the customer's time availability or loss of reason to attend the course due to a change in the circumstances under which the customer registered.
  9. Cancellation of a session by the trader will also not be recognised as a relevant reason for a complaint. However, the trader undertakes to provide an alternative course date or to refund the amount paid in full.
  10. The trader is not liable for failure to fulfil obligations under the contract that has occurred as a result of force majeure.
  11. A request to change an order, as well as withdrawal from the contract, must always be sent by the customer to the trader in writing, i.e. by e-mail. A request to change an order is deemed to have been received once the trader has confirmed its receipt in writing. The trader undertakes to confirm receipt no later than 24 hours from receipt.

 

VIII.

Withdrawal from a Contract Concluded at a Distance

 

  1. Pursuant to § 19 et seq. of the Consumer Protection Act, the consumer has the right to withdraw from a contract concluded at a distance or from a contract concluded outside the trader's business premises without giving any reason within 14 days from the conclusion of the service contract.
  2. The consumer acknowledges that, pursuant to § 22(1)(l) of the Consumer Protection Act, they cannot withdraw from a contract for the provision of services related to leisure activities if the trader undertakes to provide these services at an agreed time or within an agreed period. Given the nature of the course (an experience painting evening that takes place on a specifically agreed date), the right to withdraw from the contract without giving any reason does not apply to the reservation of a specific course date itself.
  3. In the case of a gift voucher that is not tied to a specific course date, the consumer may withdraw from the contract within 14 days of conclusion of the contract without giving any reason.
  4. If the consumer has requested that the provision of the service begin during the 14-day withdrawal period, they are obliged in the event of withdrawal to pay the trader for the performance actually provided up to the day of withdrawal from the contract.
  5. The consumer must exercise the withdrawal in writing, by e-mail sent to support@artmoment.sk or by post to the address of the trader's registered office. The consumer may use the model withdrawal form available on the trader's website.
  6. The trader is obliged, without undue delay and no later than 14 days from receipt of the notice of withdrawal, to refund to the consumer all payments received from them under the contract or in connection with it. The trader will refund payments using the same means of payment that the consumer used for the original transaction, unless the consumer has expressly agreed otherwise, provided that no additional fees are charged to the consumer in connection with the refund.

 

IX.

Personal Data of the Customer

 

  1. All information that the customer provides when interacting with the trader is confidential and will be treated as such. The trader processes the customer's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 18/2018 Coll. on the Protection of Personal Data.
  2. The customer's e-mail address may be used for sending commercial communications regarding similar services pursuant to § 116 of Act No. 452/2021 Coll. on Electronic Communications. The customer has the right to unsubscribe from receiving such commercial communications at any time in a simple manner (by sending an e-mail or clicking on the link in the commercial communication).
  3. More detailed information on the protection of personal data can be found in the Privacy Policy HERE.

 

X.

Photo, Video and Audio Documentation

 

  1. By making a reservation or purchasing a gift voucher, the customer consents to the taking of photo, video and audio documentation during the experience. This documentation may be used for the trader's internal purposes or on the website, social media and in the trader's promotional materials.
  2. Consent is voluntary and may be withdrawn at any time by e-mail sent to support@artmoment.sk. Withdrawal of consent does not affect the lawfulness of processing prior to withdrawal of consent.

 

XI.

Alternative Dispute Resolution

 

  1. The consumer has the right to contact the trader with a request for redress if they are not satisfied with the way the trader handled their complaint or if they believe the trader has infringed their rights. The consumer has the right to file a proposal to initiate alternative dispute resolution (hereinafter „ADR“) with an ADR entity if the trader has responded negatively to the request for redress or has not responded within 30 days from the date of its dispatch.
  2. The competent entity for alternative resolution of consumer disputes with the trader is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), Central Inspectorate of SOI, Department of International Relations and Alternative Dispute Resolution, Bajkalská 21/A, p. p. 29, 827 99 Bratislava 27, e-mail: ars@soi.sk, adr@soi.sk, web: www.soi.sk, or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The consumer has the right to choose which of the listed ADR entities to contact.
  3. The consumer may use the online dispute resolution platform (ODR) available at https://ec.europa.eu/consumers/odr/ to file a proposal for alternative resolution of their consumer dispute.
  4. Alternative dispute resolution may only be used by a consumer. ADR concerns only disputes between a consumer and a trader arising from a consumer contract or related to a consumer contract. ADR does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.
  5. The right to apply to a court is not affected by this.
  6. The supervisory and oversight authority over the trader's activities in the area of consumer protection is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava.

 

XII.

Final Provisions

 

  1. Unless these GTC or arrangements between the contracting parties provide otherwise, legal relations between the contracting parties are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 108/2024 Coll. on Consumer Protection, as amended, and other generally binding legal regulations of the Slovak Republic.
  2. The trader is authorised to provide services on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant district office, trade licensing department.
  3. If any provision of these GTC is invalid or ineffective, or becomes so, it will 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 remaining provisions.
  4. The trader is entitled to amend these GTC unilaterally. Amendments to the GTC enter into force on the date specified in the updated version of the GTC. Contracts already concluded are governed by the GTC in force at the time of their conclusion.

 

These terms and conditions enter into force on 01.01.2026.