TERMS AND CONDITIONS
Effective Date: July 2026
These Terms and Conditions (hereinafter referred to as the "Terms") constitute a legally binding agreement made between KeraKult s.r.o., a limited liability company registered under the laws of the Czech Republic, Identification Number (IČO): 17666333, represented by its owner Roksolana Nesmijanová (hereinafter referred to as the "Company", "Studio", "We", or "Us"), and any natural or legal person accessing the website, purchasing goods, or registering for educational programs and services (hereinafter referred to as the "Client", "User", or "You").
By accessing the website, purchasing physical products, or booking in-person or digital services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
1. INTELLECTUAL PROPERTY RIGHTS AND ANTI-PIRACY PROTECTION
1.1. Ownership of Content: All materials provided on this website and within the Company’s educational products—including but not limited to video lectures, curriculum structures, text descriptions, digital guides, chemical formulas, glaze recipes, photographic materials, ceramic item designs, and trademarks—are the exclusive intellectual property of KeraKult s.r.o. and Roksolana Nesmijanová, protected by international copyright and intellectual property laws.
1.2. Grant of License: Upon the purchase of any digital product or online course, the Company grants the Client a limited, non-exclusive, non-transferable, personal license to view the materials solely for individual educational purposes.
1.3. Prohibited Activities: The Client is strictly prohibited from downloading, recording, copying, reproducing, reselling, sharing access credentials, or distributing any materials, in whole or in part, to third parties. Joint purchasing or unauthorized public display of the content is strictly forbidden.
1.4. Enforcement and Remedies: Any breach of this Section shall result in the immediate termination of access to the services without a refund. KeraKult s.r.o. reserves the right to initiate formal legal proceedings to seek injunctive relief, statutory damages, and full compensation for financial and reputational losses before the competent judicial authorities.
2. DIGITAL PRODUCTS AND ONLINE COURSES
2.1. Finality of Sale: Due to the immediate and intangible nature of digital content, which consists of intensive educational modules lasting between 1.5 to 2 hours per block, all sales of online courses, digital products, and downloadable materials are final.
2.2. No-Refund Policy: In accordance with applicable consumer protection laws regarding digital services, no refunds, partial refunds, or cancellations shall be granted once access to the digital platform or course materials has been provisioned to the Client.
3. STUDIO WORKSHOPS AND IN-PERSON CLASSES
3.1. Limitation of Liability for Technical Risks: The manufacturing of ceramics involves complex, high-temperature physical and chemical processes. While the Studio's instructors provide professional guidance, clay and glaze behavior during drying and firing remains inherently unpredictable.
The Company shall not be held liable for the structural integrity or aesthetic outcome of the Client’s work.
Structural defects, warping, cracks, or explosions occurring during the production cycle do not constitute a failure of service. The Company is under no obligation to provide financial compensation, moral damages, or complimentary replacement sessions in such events.
3.2. Cancellation and Rescheduling Policy: Booking in-person sessions requires dedicated studio resources. The following tiered cancellation policy applies to all individual bookings and single workshop sessions:
More than 72 hours notice: If the Client requests a cancellation or rescheduling more than 72 hours prior to the scheduled session, the booking may be rescheduled to a future date in full (100% of the paid fee is transferred).
Between 72 and 48 hours notice: If the Client requests a cancellation or rescheduling between 72 and 48 hours prior to the scheduled session, 50% of the paid fee may be credited toward a future booking. The remaining 50% is forfeited as a reservation fee.
Less than 48 hours notice (and No-Shows): If a cancellation or rescheduling request is submitted less than 48 hours prior to the session, the full booking fee is completely non-refundable and non-transferable.
Client Replacement Exception: If the Client is unable to attend but finds a replacement person to take their exact reserved slot, the booking will be transferred to the replacement person in full (100%), provided the Studio is notified of the replacement's identity prior to the start of the session.
3.3. Multi-Session Passes and Memberships:
Validity Period: All multi-session passes and memberships are valid for a strict period of three (3) months starting from the date of the first attended session. Upon expiration of this 3-month period, any unused sessions are automatically forfeited without financial compensation or refund.
Validity Extension: The validity period of a pass may be extended by a maximum of two (2) weeks solely in cases of planned absence (e.g., travel or vacation), provided that the Client submits a formal extension request to the Studio in writing prior to their departure. Retroactive extension requests will be rejected.
Permitted Users: Passes and memberships are strictly personal and non-transferable to third parties. They may only be utilized by the specific individual who purchased the pass and their immediate family members (defined strictly as parents, children, or a legal spouse).
3.4. Storage and Disposal Policy: The Studio does not provide long-term storage facilities.
Clients are required to complete the glazing process or collect their finished ceramic works within six (6) months from the date of the initial class.
Upon the expiration of the 6-month period, any unclaimed or unglazed items shall be deemed abandoned. The Company reserves the right to dispose of, repurpose, or discard such items at its sole discretion without prior notice or financial liability to the Client.
3.5. Age Restrictions: To ensure a safe environment, in-person studio classes are subject to specific age limitations. Minors under the age of 12 are permitted to attend sessions only when accompanied by a parent or legal guardian, who assumes full responsibility for the minor's conduct.
3.6. Studio Safety and Property Damage:
Clients are strictly required to adhere to all safety briefings and operational instructions provided by the Studio's staff.
The Company shall not be liable for personal injuries resulting from the Client’s failure to follow safety regulations.
The Client shall be held financially liable for any intentional or negligent damage caused to the Studio's equipment, machinery, or property.
4. PHYSICAL GOODS AND RECLAMATION POLICY
4.1. Handmade Characteristics: All physical goods sold by the Company are artisan items produced individually by hand. Minor variations in dimensions, shape, weight, color, texture, and glaze application are inherent characteristics of handmade ceramics and do not constitute product defects.
4.2. Quality Assurance: Each item undergoes a rigorous quality and structural integrity inspection prior to packaging and dispatch.
4.3. Transfer of Risk and Shipping Claims: Risk of loss or damage to the goods transfers to the Client upon delivery of the package to the carrier. The Company utilizes professional-grade protective packaging to secure fragile items.
In the event of transit damage, the Client must immediately document the issue by capturing clear photographs of the external packaging, internal padding, and the damaged item on the day of delivery.
The Client must report the damage to the carrier to facilitate an insurance claim. The Company will provide necessary documentation to support the carrier's investigation.
4.4. Discretionary Review of Claims: KeraKult s.r.o. retains the exclusive right to assess, accept, or reject any reclamation or return request. Claims arising from subjective aesthetic preferences or damage resulting from improper handling by the consumer (e.g., thermal shock or drops) will be rejected.
5. LIMITATION OF LIABILITY AND TECHNICAL DISCLAIMER
5.1. Website Availability: The website and its services are provided on an "as-is" and "as-available" basis. The Company does not guarantee uninterrupted or error-free operation of the website due to technical dependencies on third-party hosting and network providers.
6. DATA PROTECTION (GDPR)
6.1. Data Processing: The Company collects and processes personal data in strict compliance with the General Data Protection Regulation (GDPR) and applicable data protection laws of the Czech Republic. The detailed scope, purposes, and legal grounds for processing personal data are outlined in our separate Privacy Policy, which is accessible on this website.
7. GOVERNING LAW AND JURISDICTION
7.1. Applicable Law: These Terms, along with any transactions, disputes, or claims arising out of or in connection with the services provided by KeraKult s.r.o., shall be governed by and construed in accordance with the laws of the Czech Republic.
7.2. Jurisdiction: Any legal actions or proceedings arising directly or indirectly from these Terms shall be submitted to the exclusive jurisdiction of the competent courts of the Czech Republic.