Terms
If the arrangement established under the Purchase Agreement contains an international (foreign) reference, the contracting parties agree that the arrangement be governed by the Czech law.
TERMS OF SERVICE
Muchovo muzeum s.r.o.
A company with registered office at Panská 7/890, 110 00 Prague 1
Identification No. 25121456
Registered under Reg. No. C 51485 in the Commercial Register maintained by the Prague Municipal Court for the sale of goods through an online shop located at the Internet address shop.mucha.cz.
1. PREAMBLE
1.1. These Terms of Service ("Terms of Service") of Muchovo muzeum s.r.o., a company with registered office at Panská 7/890, 110 00 Prague 1, Identification No. 25121456, registered under Reg. No. C 51485 in the Commercial Register maintained by the Prague Municipal Court ("Seller") lay down, in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., Civil Code ("Civil Code") the mutual rights and duties of the contracting parties arising in connection or under a purchase agreement ("Purchase Agreement") entered into between the Seller and a natural person ("Buyer") through the Seller's e-shop. The Seller operates the e-shop on the website located at the Internet address shop.mucha.cz ("website") through the website's user interface ("e-shop web interface").
1.2. The Terms of Service do not apply to transactions where the person who intends to purchase goods from the Seller is a legal entity or a person who is ordering goods as part of his/her business operations or as part of his/her professional activities.
1.3. Provisions different from the Terms of Service may be agreed in the Purchase Agreement. Such different provisions agreed in the Purchase Agreement take precedence over the provisions of the Terms of Service.
1.4. The provisions of the Terms of Service constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Terms of Service are written in the Czech language. The Purchase Agreement must be entered into in the Czech language.
1.5. The Seller may make changes and additions to the text of the Terms of Service. This clause is not to prejudice the rights and duties originating while a previous version of the Terms of Service was in force.
2. USER ACCOUNT
2.1. Registration is not mandatory on the website of the operator of the e-shop, Muchovo muzeum s.r.o. All provided data serve solely for processing a specific order and are never disclosed to third parties, with the exception of the providers of postal/ shipping services.
3. ENTRY INTO THE PURCHASE AGREEMENT
3.1. Any and all goods presented on the e-shop web interface serve for illustrative purposes only, and the Seller is under no obligation to enter into a Purchase Agreement regarding thus presented goods. The provisions of Section 1732, Paragraph 2 of the Civil Code do not apply.
3.2. The e-shop web interface contains information about goods, including the price for specific goods. Prices for goods are stated inclusive of value added tax and all related fees with the exception of postage. Prices for goods remain in effect as long as they remain displayed on the e-shop web interface. This provision is not to prejudice the Seller's right to enter into a Purchase Agreement under individually negotiated terms and conditions.
3.3. The e-shop web interface also provides information on the cost of packing and delivering goods to countries listed on the website, including the Czech Republic, Slovakia, EU Member States, and countries outside the EU.
3.4. To order goods, the Buyer must fill out an order form through the e-shop web interface. The order form mainly serves for the entry of information regarding:
3.4.1. the ordered goods (the Buyer places the ordered goods into the electronic shopping basket in the e-shop web interface),
3.4.2. the method for paying the purchase price for the goods and requested method for the delivery of the ordered goods, and
3.4.3. costs relating to the delivery of the goods ("order").
3.5. Prior to submitting an order to the Seller, the Buyer is allowed to verify and change data the Buyer entered into the order, at which time the Buyer can detect and correct errors made during the entry of data into the order form. The Buyer submits an order to the Seller by clicking on the "Confirm Order" button. The Seller considers data stated in an order to be correct, and every submitted order is considered binding.
3.6. The submission of an order is considered to constitute an action on the part of the Buyer which incontestably identifies the ordered goods, the purchase price, the Buyer, and the terms for the payment of the purchase price, and which constitutes a proposal for the entry into a Purchase Agreement that is binding on the contracting parties. The validity of an order is conditional on the entry of all mandatory data into the order form and on the Buyer's confirmation of having read and understood these Terms of Service, as posted on the website.
3.7. Immediately after receiving an order, the Seller confirms the receipt thereof to the Buyer by electronic mail, at the Buyer's electronic mail address stated in the user interface or in the order ("Buyer's e-mail address").
3.8. Depending on the nature of an order (quantity of goods, purchase price, expected delivery cost), the Seller may request the Buyer to provide supplementary order confirmation (for example by telephone or in writing).
3.9. A draft Purchase Agreement in the form of an order remains valid for 15 days.
3.10. The contractual arrangement between the Seller and the Buyer originates upon the delivery of an order confirmation (acceptance), which the Seller sends to the Buyer's e-mail address by electronic mail.
3.11. In case that the Seller is unable to meet a request stated in an order, the Seller sends the Buyer, at the Buyer's e-mail address, an offer containing available options to amend the order, and requests the Buyer's consent.
3.12. An amended offer is considered to constitute a new draft Purchase Agreement, and the Purchase Agreement is in such a case entered into only upon the Buyer's acceptance thereof by electronic mail.
3.13. The Buyer agrees to the use of remote means of communication for the purpose of entering into the Purchase Agreement. Costs incurred by the Buyer as part of the use of remote means of communication in connection with the entry into the Purchase Agreement (Internet connection fees, telephone charges) are assumed by the Buyer. These costs correspond to the basic rates for the relevant service.
4. PRICE FOR GOODS AND PAYMENT TERMS
4.1. The Buyer can pay the price for goods and, where applicable, delivery costs as per the Purchase Agreement to the Seller using the following methods:
- cashless payment or payment by payment card through the PayPal payment system.
4.2. Together with the purchase price, the Buyer must pay the Seller the cost of packing and delivering goods in the agreed amount. Unless expressly stated otherwise, the term purchase price used hereinafter includes delivery costs.
4.3. The Seller does not require the Buyer to make advance payment or another similar payment. The foregoing is not to prejudice Article 4.6 of the Terms of Service regarding the requirement to pay the purchase price in advance.
4.4. The Seller has the right, particularly in the event that the Buyer fails to provide a supplementary order confirmation (Article 3.8), to request the payment of the purchase price in full prior to dispatching the goods to the Buyer. The provisions of Section 2119, Paragraph 1 of the Civil Code do not apply.
4.5. Where applicable, discounts on the price of goods provided by the Seller to the Buyer may not be combined.
4.6. Where customary in business dealings or where required under laws of general application, the Seller issues to the Buyer an invoice for payments made based on the Purchase Agreement. The Seller is a payer of value added tax. The Seller issues an invoice to the Buyer after the payment of the price for goods, and sends it in electronic form to the Buyer's e-mail address. A copy of the invoice is enclosed with the ordered goods.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that Section 1837 of the Civil Code stipulates, among others, that withdrawal from a purchase agreement is not permitted with regard to the supply of goods that have been customized based on the buyer's requirements or for the buyer's personal needs.
5.2. In cases other than the foregoing or other cases where withdrawal from a purchase agreement is prohibited, the Buyer has the right, in accordance with Section 1829, Paragraph 1 of the Civil Code to withdraw from the Purchase Agreement within 14 (fourteen) days after the receipt of the goods, where, in the event that the Purchase Agreement concerns several types of goods or the delivery of several components, the foregoing period starts on the date of delivery of the last item of such goods. A notice of withdrawal from the Purchase Agreement must be sent to the Seller prior to the deadline specified in the preceding sentence.
5.3. To withdraw from the Purchase Agreement, the Buyer can use the sample form provided by the Seller, which is attached to the Terms of Service. The Buyer may send a notice of withdrawal from the Purchase Agreement to the address of the Seller's business establishment or registered office. The delivery of a notice of withdrawal from the Purchase Agreement is subject to the provisions of Article 11 of these Terms of Service. The Seller will issue to the Buyer a text confirmation of the receipt of a notice of withdrawal without unnecessary delay.
5.4. In the event of withdrawal from the Purchase Agreement in accordance with Article 5.2 of the Terms of Service, the Purchase Agreement will be treated as null and void from the outset. Goods must be returned to the Seller within 14 (fourteen) days after the service of a withdrawal notice on the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer will bear the cost of returning the goods to the Seller, including in case that the goods cannot be returned using standard postal service due to the nature of the goods.
5.5. In the event of withdrawal from the Purchase Agreement in accordance with Article 5.2 of the Terms of Service, the Seller will refund funds received from the Buyer within 14 (fourteen) days after the Buyer's withdrawal from the Purchase Agreement using the same method in which the Seller received the funds from the Buyer. Alternatively, the Seller may refund the Buyer's payment already upon the return of the goods by the Buyer or using another method, provided that the Buyer agrees and provided that no additional costs are thus incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller will be under no obligation to issue a refund to the Buyer before the Buyer returns the goods to the Seller or demonstrates that the goods have been dispatched to the Seller.
5.6. If the goods are damaged, the Seller may unilaterally offset compensation for such damage against the Buyer's refund of the purchase price.
5.7. The Seller may withdraw from the Purchase Agreement at any time before the goods are accepted by the Buyer. In such a case, the Seller must refund the purchase price to the Buyer without unnecessary delay, by means of a transfer of funds to an account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with goods, the donation agreement between the Seller and the Buyer is deemed to be entered into with a termination clause according to which the donation agreement concerning such a gift expires upon withdrawal from the Purchase Agreement by the Buyer, whereupon the Buyer is required to return to the Seller thus provided gift together with the goods.
6. SHIPMENT AND DELIVERY OF GOODS
6.1. Goods are shipped no later than five working days after the receipt of an order.
6.2. In case that a special delivery method is arranged based on the Buyer's requirements, the Buyer bears the risk and, if applicable, additional costs relating to such a delivery method.
6.3. If the Seller is required to deliver the goods to a destination designated by the Buyer in the order in accordance with the Purchase Agreement, the Buyer must accept the goods upon delivery.
6.4. If, due to a fault on the part of the Buyer, the goods need to be delivered on multiple occasions or in a manner different from specified in the order, the Buyer must pay the cost of multiple deliveries of the goods or, as the case may be, the cost of using a different delivery method.
6.5. Upon the receipt of goods from the carrier, the Buyer must verify that the packaging has not been damaged and inform the carrier immediately of any defects. In the event that the packaging is damaged in a way indicating that the goods have been tampered with, the Buyer is under no obligation to accept the shipment from the carrier.
7. RIGHTS RELATING TO FAULTY PERFORMANCE
7.1. The rights and duties of the contracting parties regarding rights relating to faulty performance are subject to laws of general application, particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Section 2161 to 2174 of the Civil Code.
7.2. The Seller is liable to the Buyer for ensuring that the goods are free of defects upon acceptance. In particular, the Seller is liable to the Buyer for ensuring that at the time the Buyer accepts the goods:
7.2.1. the goods have the characteristics the parties agreed, and if no such agreement was made, the goods have characteristics which the Seller or the maker has described or which the Buyer expected in consideration of the nature of the goods and in consideration of advertising thereby carried out,
7.2.2. the goods are fit for the purpose which is specified by the Seller or for which goods of the relevant kind are normally used,
7.2.3. the quality and appearance of the goods correspond to the agreed specimen or model, provided that quality or appearance was delivered in accordance with an agreed specimen or model,
7.2.4. the goods are delivered in an appropriate quantity, extent, or weight, and
7.2.5. the goods are compliant with requirements laid down under laws and regulations.
7.3. The provisions of Article 7.2 of the Terms of Service do not apply to goods sold for a reduced price due to a defect for which such the price is reduced, to wear and tear in goods caused by standard use, to defects in used goods commensurate with the degree of wear and tear which such used goods had upon the acceptance thereof by the Buyer, or where the non-applicability of the foregoing provisions ensues from the nature of goods.
7.4. If a defect manifests itself within six months after acceptance, the goods will be deemed to have been defective already upon acceptance.
7.5. Claims concerning rights relating to faulty performance must be made by the Buyer to the Seller at the address of the Seller's outlet where the acceptance of a claim is possible in consideration of the assortment of goods sold thereat or, where applicable, at the Seller's registered office or business establishment. A claim is considered filed upon the receipt by the Seller of the claimed goods from the Buyer.
7.6. Additional rights and duties of the parties relating to the Seller's liability for defects may be laid down in the Seller's Complaint Guidelines.
8. OTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
8.1. The Buyer gains the ownership of goods upon the payment in full of the purchase price for the goods.
8.2. In relation to the Buyer, the Seller is subject to no codes of conduct within the meaning of Section 1826, Paragraph 1, Subsection e) of the Civil Code.
8.3. The out-of-court settlement of consumer disputes arising under the Purchase Agreement is in the jurisdiction of the Czech Trade Inspection Authority with registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No. 000 20 869, www.coi.cz.
8.4. The Seller is authorized to sell goods under a trade license. Trade inspections are carried out by the trade licensing authority with the relevant jurisdiction. Supervision over the protection of personal data is carried out by the Office for Personal Data Protection. In addition, the Czech Trade Inspection Authority carries out limited supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as in effect.
8.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. In case that the Buyer is a natural person, the Buyer's personal data are protected under Act No. 101/2000 Coll., on Personal Data Protection, as in effect.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, and user name ("personal data").
9.3. The Buyer consents to the processing of personal data by the Seller for the purposes of exercising rights and fulfilling duties arising under the Purchase Agreement and for the purposes of maintaining the Buyer's user account. Unless otherwise indicated the Buyer, the Buyer is also deemed to consent to the processing of personal data by the Seller for the purposes of sending information and commercial messages to the Buyer. The consent to the processing of personal data, to the full extent thereof as granted under this article, does not constitute a prerequisite that would be conditional for the entry into the Purchase Agreement.
9.4. The Buyer acknowledges that he/she has the duty to state accurate and truthful personal data (during registration, in his/her user account, while placing an order through the e-shop web interface), and that the Seller must be informed without unnecessary delay of any change in the Buyer's personal data.
9.5. The Seller may charge a third party, a processing agent, with processing the Buyer's personal data. Apart from persons responsible for the delivery of goods, the Seller never provides personal data to third parties.
9.6. Personal data will be processed during an open-ended period. Personal data are processed in electronic form by automated means or in paper form by non-automated means.
9.7. The Buyer certifies that provided personal data are accurate and that he/she has been instructed of the fact that personal data are provided on a voluntary basis.
9.8. If the Buyer believes that the Seller or the processing agent (Article 9.5) processes his/her personal data in a way contrary to the protection of the Buyer's private and personal life or in an unlawful manner, particularly if personal data are inaccurate in consideration of the purpose of the processing thereof, the Buyer can:
9.8.1. request an explanation from the Seller or from the processing agent,
9.8.2. demand that the Seller or the processing agent rectify the relevant deficiency.
9.9. If the Buyer requests information on the processing of his/her personal data, the Seller must provide thus requested information. For providing information as per the preceding sentence, the Seller has the right to charge commensurate compensation, which must not exceed the cost of providing such information.
9.10. The Buyer may at any time revoke his/her consent to the provision of personal data. Likewise, the Buyer may at any time cancel the distribution of e-mail advertising to which he/she has previously consented.
10. DISTRIBUTION OF COMMERCIAL MESSAGES AND COOKIES
10.1. The Buyer consents to the distribution of information relating to the Seller's goods, services, and business using the Buyer's e-mail address. Likewise, the Buyer consents to the distribution by the Seller of commercial messages to the Buyer's e-mail address. The Buyer can revoke the consent at any time.
10.2. The Buyer consents to the saving of cookies to his/her computer. In case that a purchase can be made through the website and the Seller's commitments arising under the Purchase Agreement can be fulfilled without the need to save cookies to the Buyer's computer, the Buyer may at any time revoke the consent granted in the preceding sentence.
11. DELIVERY
11.1. Notices concerning dealings between the Seller and the Buyer, particularly a notice of withdrawal from the Purchase Agreement, must be delivered by registered mail, unless otherwise specified in the Purchase Agreement. Notices must be delivered to the applicable mailing address of the counterparty, and are deemed delivered and in force upon the delivery thereof by the postal service, save for a notice of withdrawal from the Purchase Agreement served by the Buyer, whereupon withdrawal will enter into force if sent by the Buyer within the deadline for withdrawal.
11.2. A notice is deemed delivered if the delivery thereof is refused by the addressee, if it is not collected within the deposition period after being deposited at the post office, or if it is returned as non-deliverable.
11.3. The contracting parties may deliver regular correspondence to one another using electronic mail, where e-mail messages must be used to the e-mail address stated in the Buyer's user account or stated by the Buyer in an order, or to the e-mail address specified on the Seller's website.
12. MISCELLANEOUS
12.1. If the arrangement established under the Purchase Agreement contains an international (foreign) reference, the contracting parties agree that the arrangement be governed by the Czech law. The foregoing is not to prejudice the rights of the Buyer, as a consumer, arising under laws of general application.
12.2. A provision of the Terms of Service that is or becomes invalid or ineffective will be replaced by a provision the meaning of which is closest to such an invalid or ineffective provision. The invalidity or ineffectiveness of a provision does not prejudice the validity of other provisions. Amendments to the Purchase Agreement or the Terms of Service must be effectuated in writing.
12.3. The Purchase Agreement, including the Terms of Service, is archived by the Seller in electronic form, and it is not accessible.
12.4. A sample form for withdrawal from the Purchase Agreement is attached to the Terms of Service.
12.5. Seller's contact information – mailing address: Muchovo muzeum s.r.o., Panská 7/890, 110 00 Prague 1, e-mail address: office@mucha.cz, telephone: +420 224 216 415.
Prague, 1 June 2017