Terms and conditions
Terms and conditions applicable for the Seller, i.e. the National Heritage Institute, and the Buyer using the e-shop of the National Heritage Institute.
1. General provisions
- These Terms and Conditions (hereinafter "Terms and Conditions") of the National Heritage Institute, funded organization, with its registered office at Valdštejnské nám. 162/3, 11801 Praha, identification number: 75032333 (hereinafter "the Seller"), set mutual rights and responsibilities of the contracting parties, based on legal relations related to the purchase of goods (hereinafter "Purchase Agreement") between the Seller and another natural or legal entity (hereinafter "the Buyer") through the Seller's e-shop. The e-shop is operated by the Seller on the internet domain http://www.npu.cz, via the web interface of the shop (hereinafter "e-shop").
- The Terms and Conditions outline the rights and responsibilities of the Parties using the Seller's website located on the domain specified in point 1.1 of the Terms and Conditions (hereinafter "Website") and other related legal relationships. By accessing or using the Website, you acknowledge that you agree to the Terms and Conditions. Provisions deviating from the Terms and Conditions can be set in the Purchase Agreement. Different arrangements in the Purchase Agreement will prevail over the Terms and Conditions.
- The Terms and Conditions are integral part of the Purchase Agreement. The Terms and Conditions are written in the Czech language. The Seller and the Buyer sign the Purchase Agreement in Czech.
- The Buyer acknowledges that the Seller can alter or append the Terms and Conditions. The changes must be published by the Seller on the following website: npu.cz/cs/npu-a-pamatkova-pece/npu-jako-instituce/publikace/obchodni-podminky.
- The changes are binding and valid as of the day they are published, unless a different date is stated in the Terms and Conditions. This provision does not affect rights and responsibilities resulting from the previous version of the Terms and Conditions.
- Name and identification data of the Seller:
- Name: National Heritage Institute, funded organization
- Postal address: Valdštejnské nám. 162/3, 11801 Praha 1
- E-mail: firstname.lastname@example.org
- Phone: +420 234 653 331, +420 724 358 131
- Identification number: 75032333
- Place of delivery: Bookstore and information center of the National Heritage Institute, Na Perštýně 12, Praha 1.
2. User account
- The Buyer can order goods without registration directly from the e-shop.
- Upon ordering goods, the buyer is obliged to provide all information correct and true. The Seller considers this information correct.
3. Closing the Purchase Agreement
- All presentation of the goods in the e-shop is indicative only, and the Seller is not obliged to close the Purchase Agreement regarding the presented goods. The provisions of § 1732 sec. 2 of the Civil Code doesn’t apply.
- The e-shop presents a list and information on the goods offered by the Seller, including the prices of the offered goods. The prices of the offered goods are stated on the relevant website including VAT and all related fees, except possible packing and delivery costs, the amount of which is stated on the relevant website of the order form in the e-shop (points 3.3 and 3.4 of the Terms and Conditions). The offer of the goods and the prices of these goods remain valid as long as they are displayed in the e-shop. This provision does not limit the Seller's ability to conclude a purchase agreement under individually agreed conditions.
- The e-shop also presents information on the costs related to packaging and delivery of the goods. Information on the costs related to packaging and delivery of the goods specified in the e-shop is valid only if the goods are delivered in the Czech Republic. If the Buyer requests the delivery of goods outside the Czech Republic, the delivery mode and price shall be agreed by the Seller and the Buyer individually.
- The Buyer will fill in the order form in the e-shop to select and order the goods (hereinafter “Order”).
- The order form must include the information on the following:
- Ordered goods,
- Type of payment and delivery as required by the Buyer,
- Costs related to the delivery, known to the Buyer who is able to agree on them,
- Order of the Buyer, including the attached number, sent to the Buyer to his/her e-mail (points 3.5 of the Terms and Conditions).
- The Buyer submits the order by clicking on the "Send order" button. The information included in the order is considered correct and binding by the Seller. The Seller will immediately confirm the receipt of the order by an e-mail to the Buyer to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
- The purchase contract is concluded upon receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.
- The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example in writing or by phone). If the Buyer fails to confirm the order at the Seller's request, the seller has the right to withdraw from the Agreement.
- The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with anyone who has previously materially breached the Purchase Agreement (including Terms and Conditions) or for other technical, commercial or legal reasons.
- The Buyer agrees to use remote communication to conclude the Purchase Agreement. The costs incurred to the Buyer for using remote communication as related to the conclusion of the Purchase Agreement (the cost of the internet connection, or telephone calls) are paid by the Buyer.
4. Prices, terms of payment
- The purchasing price and/or additional costs related to the delivery, pursuant to the Purchase Agreement, may be paid by the Buyer to the Seller by one of the following ways:
- Cash or by payment card on the agreed point of delivery
- Cash on delivery at the place indicated by the Buyer in the order
- Via the bank transfer in advance, to the Seller’s bank account No. 60039011/0710, at the Czech National Bank (hereinafter “the Seller’s account”).
- By payment card using the GP webpay system.
- Unless the Buyer opts for the collection in person at the point of delivery, additional costs related to packing and delivery will be added to the purchasing price. Unless stated otherwise, the purchasing price hereinafter includes the delivery costs.
- The delivery costs include transport and packing costs.
- In case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days after the conclusion of the purchase contract. Payment of the full purchase price is a condition for the delivery.
- In case of cashless payment, the Buyer must pay the purchase price and state the variable symbol of the payment. The variable symbol is indicated to the Buyer by the Seller in the order confirmation sent by the Seller to the Buyer's e-mail (point 3.5 of the Terms and Conditions). In case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
- In case of cash on delivery, the Seller is entitled to demand the full purchase price prior to delivery, especially if the Buyer hasn’t confirmed the order (point 3.7 of the Terms and Conditions); Section 2119 (1) of the Civil Code does not apply.
- Discounts of the price provided by the Seller to the Buyer cannot be combined. The Seller shall provide the Buyer with a tax document - invoice for the payments made under the Purchase Agreement. The seller is a VAT payer. The tax document - invoice will be issued by the Seller to the buyer after the price is paid, and will be sent in electronic form to the Buyer's email address.
5. Withdrawal from the purchase contract
- The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, a Buyer who is also a Consumer (according to Section 419 of the Civil Code, a consumer is any person who enters into a contract or otherwise negotiates with an entrepreneur, outside the scope of his or her own business, hereinafter "Buyer - Consumer") may not withdraw from the purchase agreement for the supply of audio and video recordings and computer programs if the purchaser - consumer has damaged their original packaging, and from the purchase agreement for the delivery of newspapers, periodicals and magazines.
- If this is not the previous case, or any other case where, according to the applicable legislation, in particular the relevant provisions of the Civil Code, the Purchase Agreement cannot be withdrawn, the Purchaser - Consumer has the right to withdraw from the Purchasing Agreement within fourteen (14) days since the day following the day on which the Buyer - Consumer or a third party designated by him (different from the transport provider) collects the goods. The Buyer - Consumer must inform the Seller on his withdrawal for example by a letter or an e-mail. The withdrawal from the Purchase Agreement must be sent to the Seller within fourteen (14) days from the day following the receipt of the goods, to the Seller's address or to the Seller's e-mail address specified in point 1.6 of the Terms and Conditions. The Buyer - Consumer can use the attached sample form to withdraw from the Purchase Agreement. The Seller will acknowledge the receipt of the withdrawal to the Buyer - Consumer without undue delay in writing (for example, by an e-mail to the Buyer - Consumer's e-mail address).
- In case of withdrawal from the Agreement according to point 5.2 of the Terms and Conditions, the Purchase Agreement is canceled in its entirety. The Goods must be returned to the Seller within fourteen (14) days of the Buyer's withdrawal (by sending the goods back or by handing them over at the postal delivery address at the point of delivery, as specified in point 1.6 of the Business Terms). The goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging. The Buyer is liable to the Seller for any reduction of the value of the goods, if this reduction is a result of inappropriate handling. If the Buyer withdraws from the Purchase Agreement, then the Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned via the usual postal route.
- The Seller is entitled to check the status of the returned goods, especially to see whether it’s damaged, worn or partially consumed.
- If the Buyer - Consumer withdraws from the Agreement in accordance with the provisions of the Terms and Conditions, the Seller will return the purchase price, including the delivery costs, to the Buyer within fourteen (14) days after the withdrawal, to the account indicated by the Buyer - Consumer. The Seller may also return the purchase price in cash upon the return of the goods, or otherwise, if the Buyer - Consumer agrees and if no additional costs incur to the Buyer - Consumer. The Seller will return the amount corresponding to the purchase price upon the receipt of the goods, or if the Buyer - Consumer proves the goods has been already returned, whichever comes first.
- The Buyer acknowledges that if the goods returned by the Buyer is damaged, worn or partially consumed, the Seller has the right for the compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for refund of the purchase price.
6. Transport and delivery
- The delivery method is set by the Seller, unless stipulated otherwise in the Purchase Agreement. If the mode of transport is approved by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
- If the Seller, as stated by the Purchase Contract, should deliver the goods to the point of delivery specified by the Buyer in the order, the Buyer is obliged to receive the goods upon delivery. If the Buyer does not collect the goods at delivery, the Seller is entitled to withdraw from the Agreement.
- If, for reasons caused by the Buyer, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer will pay the costs associated with such repeated or altered delivery.
- Upon receipt of the goods from the transport provider, the Buyer has to properly check the integrity of the packaging of the goods, and in case of any defects immediately notify the transport provider. If the packaging is damaged and it indicates the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the transport provider. By signing the delivery note, the Buyer confirms that the shipment of the goods has met all the conditions and requirements including the integrity of the package, and that any subsequent complaint regarding the breach of the package may not be taken into account.
7. Responsibility for damages
- Rights and responsibilities of the parties regarding the responsibility of the Seller for damages are governed by relevant legislation (especially provisions §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code).
- The Seller is responsible to the Buyer that the goods doesn’t have any defects at the time of receipt. In particular, the goods have no defects if it complies with the characteristics stated by the Agreement; and if the Agreement doesn’t specify these conditions, the goods has no defects if its conditions meet the expected criteria. The goods have no defects either if they comply with the legislation regarding the amount, dimensions or weight, and suits the purpose stated by the Seller for the use of the goods.
- The rights resulting from the void fulfilment of the Agreement cannot be exercised by the Buyer if the Buyer knew before collecting the goods that the goods were defective, or if the Buyer was the cause of the defect. It is understood that a defect that occurs within six (6) months from the date of receipt of the goods already existed upon receipt, unless this is contrary to the nature of the goods, or unless proven otherwise.
- The Buyer - Consumer is entitled to exercise the aforementioned right if the defect occurs within 24 months of the receipt. This does not apply:
- for a thing sold at a lower price if the price was agreed upon due to the defect
- for the wear and tear caused by appropriate use
- in case of used goods, for defects corresponding to typical wear and tear at the time of receipt
- or if it results from the nature of the goods.
- The Buyer's rights arising from the Seller's liability for defects are claimed by the Buyer at the Seller's postal address or at the point of delivery specified in point 1.6 of the Terms and Conditions. The claim is considered filed at the moment when the Seller received the claimed goods from the Buyer. The Seller is obliged to issue to the Buyer a written confirmation of the date of the complaint, the content of the complaint and the required settlement mode, including confirmation of the repair and its duration, or a written statement of rejection of the claim. Complaints, including removal of defects, must be handled without undue delay – within 30 days from the date of claim, unless the parties agree on an extension. Once this period expires, the buyer will have the same rights as if the Agreement was seriously breached.
8. Other rights and responsibilities of the parties
- The Buyer becomes the owner of the goods upon receipt.
- The Buyer acknowledges that the software and other components of the e-shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to engage in any activity that could enable the Buyer or third parties to use the software or other components of the e-shop without authorization.
- The buyer is not entitled to use devices, software or other procedures with possible negative impact on the operation of the e-shop. The e-shop cannot be used at the expense of the rights of the Seller’s other customers.
- The Seller is not legally bound to the Buyer by any behavioral codes in terms of § 1826 section 1 e) of the Civil Code.
- The Buyer acknowledges that the Seller is not liable for errors arising as a result of a third-party interference with the Website or as a result of using the Website in contradiction with its intended use.
- The Buyer hereby assumes the risk of changing circumstances as stated in Section 1765 (2) of the Civil Code.
9. Personal data protection
- The processing of the Buyer's personal data is necessary to fulfill the Agreement concluded between the Buyer and the Seller.
- The Seller’s information regarding to the personal data protection is published at the website
- www.npu.cz, section “Personal data protection“.
- Unless otherwise agreed, all mail related to the Purchase Agreement must be delivered to the other Party in writing by e-mail, to the email address specified in the Buyer’s User Account as stated in the point 3.5 of the Terms and Conditions.
- The message is considered delivered by the moment it is received on the incoming mail server.
11. Final provisions
- If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by the Czech law. This doesn’t affect consumer rights resulting from binding legislation.
- The Seller is entitled to sell goods based on a trade license and this activity of the Seller is not subject to any other authorization. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. The supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended. The buyer may also contact the aforementioned authorities with his / her complaint.
- If a consumer dispute arises from a Purchase Agreement or a service agreement between the Seller and the Buyer and they fail to settle the dispute by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such dispute to a designated out-of-court body – the Czech Trade Inspectorate, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Praha 2, e-mail: email@example.com, web: adr.coi.cz.
- If any provision of these Terms and Conditions is invalid or ineffective, then it will be replaced by the closest provision in terms of meaning and effect. The invalidity or ineffectiveness of a single provision does not affect the validity of other provisions. Amendments and supplements to the Purchase Agreement or Terms and Conditions can only be made in written form.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form, and is not accessible.
- The Terms and Conditions are attached by the withdrawal form sample.
- The Terms and Conditions shall also apply, in the appropriate extent, to the purchase of goods in the Seller's premises, if the nature of the relationship allows so (especially for the terms of liability for defects and complaints).