COMMERCIAL TERMS AND CONDITIONS

for the sale of goods via an on-line e-shop located at the internet address eshop.muzeumprahy.cz

1. INTRODUCTORY PROVISIONS

1.1. The City of Prague Museum (Muzeum hlavního města Prahy), a public benefit organization with its official registered office at Kožná 475/1, 110 00 Prague 1, identification no.: 00064432, declares that, based upon the Charter of the City of Prague Museum Public Benefit Organization issued by the Prague City Council and in accordance with the legal regulations valid and effective in the territory of the Czech Republic, particularly Act No. 250/2000 Coll. on the Budgetary Rules of Regional Budgets, Act No. 131/2000 Coll., on the Capital City of Prague, and Act No. 122/2000 Coll., on the Protection of Collections of Museum Character, (hereinafter referred to as the “Seller”), it is authorized to issue these commercial terms and conditions (hereinafter referred to as the “commercial terms and conditions”) governing in accordance with the provisions of Section 1751 subsection 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of contracting parties originating in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the Seller on the one hand and a consumer or entrepreneur on the other (hereinafter referred to as the “Buyer”) by means of the internet e-shop of the Seller. The internet e-shop is operated by the Seller on a web page located at the internet address www.muzeumprahy.cz (hereinafter referred to as the “web page”), and this by means of the interface of the web page (hereinafter referred to as the “web interface of the e-shop”).

1.2. The provisions of the commercial terms and conditions constitute an integral part of the purchase contract. The purchase contract and commercial terms and conditions have been prepared in the Czech and English languages. These commercial terms and conditions may be viewed on the web interface of the e-shop and in the course of ordering goods, the Buyer is able to archive, copy, store and repeatedly view them, which the Buyer hereby acknowledges.

1.3. Provisions that differ from the commercial terms and conditions may be agreed in the written purchase contract. Differing provisions in the purchase contract take precedence over the provisions of the commercial terms and conditions.

1.4. These commercial terms and conditions apply to cases in which the person, who intends to purchase books, magazines, calendars, diaries, souvenirs and other goods specified in detail and pictured on the web interface of the e-shop (hereinafter referred to as “goods”) of the Seller, is a consumer or entrepreneur. Unless otherwise implied by circumstances, tickets for admission to the premises of The City of Prague Museum, particularly tickets entitling admission to temporary and permanent exhibitions, public programmes organized by the Seller, e.g. lectures, workshops, literary café meetings, guided tours and walks, except for group guided tours (hereinafter referred to as the “ticket”), are also considered goods for the purposes of these conditions. Furthermore, gift vouchers with a certain value released by the Seller are regarded as goods. Gift vouchers are transferable, valid for one year from the year of issue (as stated on the voucher), and cannot be extended. The gift voucher (hereinafter referred to as the “voucher”) does not replace the above-mentioned ticket, cannot be redeemed for cash, and can be used only once. The Seller provides no replacement for expired or lost vouchers.

1.5. An entrepreneur is a legal person or physical person, who in the ordering of goods acts within the scope of his or her business activity or within the scope of his or her independent performance of a profession.

1.6. A consumer is a physical person, who is not acting within the scope of his or her business activity or within the scope of the independent performance of his or her profession.

1.7. In cases, when a person, who has the intention of purchasing goods from the Seller, acts in the ordering of goods within the scope of his or her business activity or within the scope of his or her independent performance of a profession or is a legal person, the consumer protections according to these commercial terms and conditions, in particular the relevant provisions of clause 5 - Withdrawal from the Purchase Contract, do not apply.

1.8. All contractual relationships are governed by the commercial terms and conditions and relationships not governed by these are governed by the Civil Code, and if the contracting party is a consumer, also by Act No. 634/1992 Coll., the Consumer Protection Act, as amended.

1.9. The Seller may modify or amend the text of the commercial terms and conditions in writing. This provision does not affect rights and obligations originating in the period during which the previous text of the commercial terms and conditions was effective.

2. user account

2.1. The Buyer may access his or her user interface and perform the ordering of goods with or without registration (hereinafter referred to as the “user account”).

2.2. In the course of registration on the web page and the ordering of goods, the Buyer is obligated to provide only correct and true information. The Buyer is obligated to update the information provided in the user account in the event that there are any changes. The Seller considers all information provided by the Buyer in the user account and in the course of the ordering of goods to be complete and correct.

2.3. Access to the user account is secured with a user name and password. The Buyer is obligated to maintain confidentiality regarding information necessary to access his or her user account.

2.4. The Buyer is not entitled to allow the utilization of the user account by third parties. The Seller bears no responsibility for the potential utilization of the user account by third parties, whether authorized or unauthorized.

2.5. The Seller may cancel the user account, especially in the event that the Buyer does not use his or her user account for more than 3 years, or if the Buyer breaches his or her obligations stemming from the purchase contract or these commercial terms and conditions.

2.6. The Buyer acknowledges that the user account does not have to be accessible continuously, especially with regards to the necessary maintenance of the hardware and software equipment of third parties.

3. THE ORDER And conclusion of the purchase contract

3.1. All presentations of goods located on the web interface of the e-shop are informative in character and the Seller is not obligated to conclude a purchase contract regarding these goods. The provisions of Section 1732, subsection 2 of the Civil Code do not apply. Offers designated as “promotional” or “discount” or containing these terms are valid while supplies last or until the end of such an offer given on do the web interface of the e-shop or until the Seller rescinds the offer or until a subsequent update of the offer.

3.2. The web interface of the e-shop contains information concerning goods, including the prices of individual goods. Prices of goods are given in CZK including value added tax and all related charges. Prices of goods remain valid as long as they are pictured on the web interface of the e-shop. This provision does not limit the Seller from concluding a Purchase Contract based on individually agreed terms and conditions. Any potential discounts on the prices of goods given by the Seller to the Buyer may not be combined with each other, unless the Seller explicitly states otherwise.

3.3. The stated prices of goods however do not include the prices and costs for related services, i.e. packing, transport or delivery of goods to the Buyer, protection of the shipment, etc. Information concerning the costs connected with packing and transport or the delivery of goods is available on the web interface of the e-shop and the Buyer has the opportunity to familiarize himself or herself with them before making a binding order.

3.4. In order to order goods, the Buyer completes an order form on the web interface of the e-shop. The order form in particular contains the identification information of the Buyer information concerning the:
a) ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the web interface of the e-shop),
b) payment methods of the purchase prices of goods,
c) requested method of delivery of the ordered goods, including costs connected with the delivery of the goods,
(hereinafter together referred to as the “order”).

3.5. Before sending the order to the Seller, the Buyer is able to review and modify information, which the Buyer entered into the order, and this even with regards to the opportunity of the Buyer to determine and correct errors that occurred in the course of entering data into the order. The Buyer sends the order to the Seller by clicking on the “send order” button. The information provided in the order are considered complete and correct by the Seller.

3.6. The sending of an order is considered as an act of the Buyer that in a manner beyond any doubt identifies the person of the Buyer, ordered goods, purchase price, method of payment of the purchase price, and is a binding proposal of a purchase contract for the contracting parties. Conditions for the validity of the order are the filling out of all mandatory information in the order form, familiarization with these commercial terms and conditions on the web page and the confirmation of the Buyer that he or she has familiarized himself or herself with these commercial terms and conditions.

3.7. After receiving the order, the Seller will confirm receipt to the Buyer by e-mail without delay (hereinafter referred to as the “confirmation of order receipt”), and this on the e-mail address of the Buyer provided in the user account or order (hereinafter referrered to as the “e-mail address of the Buyer”). In the event of any conflict, the address in the order takes precedence. It holds that unless otherwise stated in the confirmation, the confirmation of order receipt is not in and of itself an acceptance of the order in the sense of these commercial terms and conditions, and thus not the conclusion of a purchase contract.  

3.8. The Seller is always entitled, depending on the nature of the order (amount of goods, amount of the purchase price, estimated costs of transport), to require an additional confirmation of the order (e.g. in writing or by telephone) from the Buyer. If upon the request of the Seller, the order or identity of the person of the Buyer is not duly confirmed, respectively verified, by the Buyer, the order is considered invalid and a purchase contract is not created. In the event of a determination of any defect, especially the incompleteness or disagreement of information concerning persons authorized to order goods, the Seller is entitled to disregard the order. The Seller is entitled to reject (respectively disregard) or return for completion, while providing an adequate period of time for this purpose, any order that does not meet the essential requirements. The consequence of the expiration of this period without the necessary action taken by the Buyer is that the order is regarded as if it had never been delivered.

3.9. The proposal of the purchase contract in the form of the order is valid for twenty (20) business days.

3.10. The contractual relationship between the Seller and the Buyer is created with the delivery of the acceptance of the order, which is sent by the Seller to the Buyer by e-mail to the e-mail address of the Buyer. If the delivery of the acceptance of the order does not occur, then the relationship between the Buyer and the Seller is created with the payment of the entire purchase price of the goods, or the receipt of the ordered goods by the Buyer, depending on which comes first. The acceptance of the order may be part of the confirmation of order receipt (if explicitly stated in the confirmation), or may follow separately following this confirmation.

3.11. In the event that the Seller cannot fulfill some of the requirements stated in the order, the Seller will send the Buyer (to the e-mail address of the Buyer) a modified offer with possible order options and request the stance of the Buyer to be shared by means of e-mail.

3.12. The modified offer is considered a new proposal of a purchase contract and in such a case, the purchase contract is concluded only as of the acceptance of the Buyer by means of e-mail.  

3.13. The Buyer acknowledges that the Seller is not obligated to conclude a purchase contract, and this in particular with persons, who previously breached the terms and conditions of the Seller, i.e. especially a purchase contract including the commercial terms and conditions.

3.14. The Buyer agrees to the use of remote means of communication in the concluding of the purchase contract. All costs incurred by the Buyer in the course of using remote means of communication in connection with the conclusion of the purchase contract (expenses for internet access, telephone calls) are born by the Buyer alone, where these costs do not differ from the base rate.

3.15. With the purchase contract, the Seller pledges to deliver to the Buyer the goods stated in the order and the Buyer pledges to accept delivery these goods from the Seller or carrier selected by the Seller and pay the Seller the purchase price of the goods, including related services stated in the order.

3.16. In the event that an evident technical error occurs on the part of the Seller in providing the prices of goods on the web interface of the e-shop or in the course of ordering, the Seller is not obligated to supply the Buyer the goods for this quite evidently erroneous price, not even in the event that the Buyer were already sent an acceptance of the order according to these commercial terms and conditions.

3.17. The Seller will inform the Buyer if a price given for goods on the web interface of the e-shop or in the course of ordering is no longer current. Because the Seller is entitled to change prices of goods at any time, in quite exceptional cases (e.g. in the course of lengthy or multi-item ordering of goods), a situation may arise, where a price of goods changes in the course of its ordering process on the web interface of the e-shop. In such a case, the Buyer is informed by the Seller concerning the current price of the goods in the recapitulation of the order or through the delivery of the acceptance of the order. If the Buyer does not agree with the price of the goods, the Buyer may cancel his or her order any time before the dispatch of the goods, and at the same time, the Seller reserves the right to withdraw from an already concluded purchase contract for this reason.

3.18. All orders accepted by the Seller, that is after sending the acceptance of the order, are binding. Even a binding order may be cancelled with the prior agreement of the Seller. In the event that the order is not cancelled before the goods are dispatched, and they are sent, compensation for the costs connected with the delivery and return of the goods caused by the order cancellation may be required from the Buyer.

4. priceS of goods aND Payment terms

4.1. Together with the purchase price of goods, the Buyer is also obligated to pay the Seller the costs connected with the packing, delivery and optionally also the protection of the shipment or goods respectively, the amount of which is given on the web interface of the e-shop and will be stated in the order and in the acceptance of the order. Unless explicitly stated otherwise, it is understood to mean hereinafter the purchase price as well as these costs connected with the delivery of the goods (hereinafter referred to as the “purchase price”).

4.2. The Buyer may pay the purchase price of goods according to the purchase contract to the Seller in the following ways:
a) through cashless payment by means of a payment gateway for in-person purchase of the order, or in the event of delivery of the order, by means of the carrier Zásilkovna,
b) by cash or cashless payment with a card for in-person purchase of the order at the address designated in accordance with cl. 6.1. (b),
c) by voucher pursuant to cl. 4.1. of these commercial terms and conditions.

4.3. The price list of fees connected with the dispatch of goods (postage and packing) constitutes an integral part of these commercial terms and conditions (Appendix No. 2).

4.4. The Buyer gives the method of payment in the order (where any potential additional payments in connection with the selected method of payment will also be given). Payment for goods is possible in Czech Crowns (CZK) or via a voucher with the values of 250 and 400, and CZK including VAT.

4.5. Should the Buyer pay by a voucher pursuant to cl. 4.2 (c) of these commercial terms and conditions, the voucher can only be redeemed in full. If the purchase price exceeds the value of the voucher, the Buyer shall pay the remaining amount using the other methods of payment pursuant to cl. 4.2. (a) and (b) of these commercial terms and conditions.

4.6. The Seller does not usually require a deposit on the purchase price of goods or a similar payment. However, in justified cases (especially for orders with a total price above 5,000 CZK), the Seller may do so. The Seller is entitled to require payment of the entire purchase price of goods before they are dispatched or handed over to the Buyer (Section 2119 subsection 1 of the Civil Code does not apply).

4.7. In the event of payment by means of a payment gateway, the purchase price is due immediately and the obligation of the Buyer to pay the purchase price is fulfilled at the moment that the appropriate amount corresponding to the purchase price is credited to the account of the Seller.

4.8. In the event of payment in cash or payment by card at the address specified in clause 6.1. (b), the purchase price is payable upon the receipt of goods.

4.9. If usual in commercial relations or so stipulated by generally binding legal regulations, the Seller will issue the Buyer a tax document – invoice regarding payments made based on the purchase. The Seller will issue the invoice to the Buyer after payment of the price of the goods and will hand it over to the Buyer:
a) upon in-person purchase, or
b) by sending the invoice to the Buyer together with the ordered goods.

4.10. According to the Sales Records Act, the Seller is obligated to issue the Buyer a sales receipt. At the same time, the Seller is obligated to record the received sale with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

5. withdrawal from the purchase contract

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract concerning among other things:
a) the supply of goods, the price of which depends on the fluctuations of a financial market independent of the will of the Seller and which can occur during the period for withdrawal from the contract,
b) the supply of goods, which were modified according to the wishes of the Buyer or for his or her person,
c) the supply of books, audio or video recordings or a computer program, if the original packaging has been broken,
d) the supply of newspapers, periodicals or magazines,
e) the supply of digital content, if it was not supplied on a physical medium and was supplied with the prior explicit consent of the Buyer before the expiration of the period for withdrawal from the contract and prior to concluding the contract, the Seller informed the Buyer that in such a case, the Buyer has no right to a withdrawal from the contract.

5.2. The Buyer acknowledges that in connection with the sale of tickets, according to the provisions of Section 1837 (a) of the Civil Code, it is not possible to withdraw from the contract for the provision of services if these services were performed with his prior explicit consent before the deadline for contract withdrawal, and furthermore, according to the provisions of Section 1837 (j) of the Civil Code, he cannot withdraw from the contract for the provision of services or utilization of free time if the Seller provides this performance at the designated time.

5.3. Unless one of the cases listed in cl. 5.1., cl. 5.2, or another case, where it is not possible to withdraw from a purchase contract, is involved, in accordance with the provisions of Section 1829 subsection 1 of the Civil Code, the Buyer has the right to withdraw from the purchase contract, and this within fourteen (14) days from the acceptance of the goods, where in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period begins on the day on which the last of the supplied goods is received. A notice of withdrawal from the purchase contract must be sent to the Seller within the period given in the previous sentence.

5.4. If the subject of the purchase contract is a time-limited ticket for a certain number of days (e.g. tickets valid for 90 days), according to cl. 5.3. of the commercial terms and conditions, the Buyer may only withdraw from the purchase contract if the ticket was not read by means of the bar code on the ticket or otherwise used or invalidated according to cl. 5.5. of the commercial terms and conditions within a period of 14 days from acceptance of the ticket.

5.5. If, pursuant to cl. 1.4. of the commercial terms and conditions, the subject of the purchase contract is a time-limited ticket for a public programme that was cancelled by the Seller, the Buyer shall always receive the purchase price refund where the Seller shall proceed according to cl. 5.11. and cl. 5.14. of the commercial terms and conditions.

5.6. The Buyer further acknowledges that:
a) the Seller does not provide compensation for lost tickets or issue duplicates to purchased tickets,
b) the Seller does not have the right to exchange a ticket for another,
c) any modification of a ticket makes it invalid,
d) tickets become invalid upon the first reading of the bar code found on the ticket upon entry in particular to an exhibition, permanent exhibit, lecture or commented walk,
e) vouchers can only be redeemed in full,
f) if the purchase price exceeds the value of the voucher, the Buyer shall use other payment methods to pay for the remaining part of the purchase price pursuant to cl. 4.2. (a) and (b) of the commercial terms and conditions,
g) vouchers become invalid upon the first reading of the unique code stated on the voucher under the condition that the Buyer redeemed its full value.

5.7. For withdrawal from the purchase contract, the Buyer may use the sample form provided by the Seller, which constitutes Appendix No. 1 of the commercial terms and conditions. The Buyer encloses copies of the shipping slip and invoice, if issued, or another document demonstrating the purchase of the goods. The Buyer may send the withdrawal from the purchase contract to the mailing address in accordance with cl. 12.5. The provisions of cl. 11 of these commercial terms and conditions apply to the delivery of the withdrawal from the contract. The Seller will confirm his acceptance to the Buyer without unnecessary delay in written form.

5.8. The Buyer acknowledges that if goods returned to the Buyer are incomplete, damaged, worn, soiled or partially consumed, a claim of the Seller against the Buyer for compensation of damages thus incurred originates. The Seller is entitled to unilaterally offset the Seller’s claim for the compensation of incurred damages against the claim of the Buyer for the reimbursement of the purchase price and costs of the delivery of the goods.

5.9. In the event of the withdrawal from the purchase contract in accordance with cl. 5.2 of the commercial terms and conditions, the purchase contract is cancelled from its inception. The Buyer must return the goods to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the purchase contract, the Buyer bears the costs connected with the return of the goods to the Seller, and this even in the case, when the goods cannot be returned by usual mail due to their nature. The Seller is entitled to offset his actually expended costs connected with the return of the goods against the purchase price and costs for the delivery of the goods, which should be returned to the Buyer.

5.10. When sending goods, the Buyer is obligated to pack them in suitable packaging so that damage or destruction of the goods does not occur. It is not possible to return the purchase price and costs of the delivery of the goods for goods damaged or destroyed during shipping as a consequence of the use of unsuitable packaging.

5.11. In the event of withdrawal from the contract in accordance with cl. 5.3. of the commercial terms and conditions, the Seller will return the monetary funds received from the Buyer within fourteen (14) days of the withdrawal from the purchase contract by the Buyer, and this in the same manner as the funds were received by the Seller from the Buyer. The Seller is likewise entitled to return the monetary performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, as long as the Buyer agrees and no additional costs are thereby incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obligated to return the accepted monetary funds of the Buyer before the Buyer returns the goods to the Seller or demonstrates that the goods have been sent to the Seller.

5.12. The Seller is entitled to unilaterally offset claims for the payment of damages to goods against the claim of the Buyer to the return of the purchase price.

5.13. Until the receipt of the goods by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller will return the purchase price to the Buyer without unnecessary delay, and this by a cashless transfer to an account designated by the Buyer.

5.14. If a gift is provided to the Buyer together with the goods, a gift contract between the Seller and the Buyer is concluded with the termination condition that if a withdrawal from the purchase contract by the Buyer occurs, the gift contract regarding such a gift becomes ineffective and the Buyer is obligated to return the provided gift to the Seller together with the goods.

6. shipment and delivery of goods

6.1. Based upon the requirements of the Buyer, the goods will be delivered to:
a) a delivery location at which Zásilkovna has arranged for the delivery of the goods, or
b) at the address Týnská 6, 110 00 Prague 1 – Staré Město (House at the Golden Ring).

6.2. If delivered to the location designated in accordance with cl. 6.1. (a), the Buyer is obligated to take delivery of the goods within 7 calendar days of the delivery of notification about its storage, unless something else stems from the General Commercial Terms and Conditions of the company Zásilkovna s.r.o. If delivered to the location designated in accordance with cl. 6.1. (b), the Buyer is obligated to take delivery of the goods within 14 calendar days of the delivery of notification of its storage to the e-mail address of the Buyer.

6.3. In the event that for reasons on the side of the Buyer it is necessary to deliver the goods repeatedly or in another manner than stated in the order, the Buyer is obligated to pay the costs connected with the repeated delivery of the goods, or the costs connected with the different method of delivery respectively.

6.4. The delivery of goods according to these commercial terms and conditions is understood as the moment of the delivery of the goods to the Buyer in accordance with the purchase contract. The groundless refusal of the Buyer to take delivery of the goods is not considered a failure to meet the obligation to deliver the goods on the part of the Seller, or as a withdrawal from the contract on the part of the Buyer.

6.5. Upon taking delivery of the goods from the carrier, the Buyer is obligated to check that the packaging of the goods is intact and in the event of any defect, to notify the carrier without delay. In the event that damage to the packaging, which shows unauthorized entry into the parcel, is ascertained, the Buyer does not have to take delivery of the parcel from the carrier.

6.6. In the event that the Buyer does not take delivery of the goods or withdraw from the purchase contract in accordance with these commercial terms and conditions, the Seller has a right to compensation of the costs connected with the delivery of the goods and their storage (for storage at the Seller per each day of delay in the maximum amount of 10 CZK, however in a maximum total of 500 CZK or the amount of the purchase price, if it is lower than 500 CZK), as well as other costs, which the Seller incurs due to the failure to take delivery of the goods by the Buyer, and furthermore, has the right to withdraw from the purchase contract.

6.7. The Buyer acquires ownership rights to the goods upon payment of the entire purchase price for the goods (including costs for packing and delivery and related services), not however before he accepts delivery of the goods. Responsibility for the accidental destruction, damage or loss of the goods transfers to the Buyer at the moment that the goods are accepted, or the moment when the Buyer had the duty to take delivery of the goods, but contrary to the purchase contract did not do so (i.e. usually, when the goods are prepared for him to take delivery).

7. Rights from Defective performance

7.1. The rights and obligations of the contracting parties with regards to rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code).

7.2. The Seller is responsible to the Buyer for goods not being defective upon acceptance. In particular, at the time the Buyer takes delivery of the goods, the Seller is responsible to the Buyer in that the goods:
a) possess the attributes that the parties agreed, and if there is no agreement, possessing such attributes that the Seller or manufacturer described or the Buyer expected with respect to the nature of the goods and based on advertising they conducted,
b) are fit for the purpose that the Seller presents for its use or for which goods of this type are usually used,
c) correspond to the quality or execution of the agreed design or model, if the quality or execution was defined according to an agreed design or model of the goods,
d) are in the appropriate amount, size or weight, and
e) meet the requirements of legal regulations.

7.3. Provisions stated in cl. 7.2 of the commercial terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the extent of use or wear that the goods had upon the Buyer taking delivery, or if it stems from the nature of the goods.

7.4. If a defect becomes evident in the course of six months from taking delivery, it is considered that the goods were already defective upon taking delivery.

7.5. Rights from defective performance, including warranty liability, are exercised by the Buyer with respect to the Seller at the contact address of the Seller in accordance with cl. 12.5., or at the address given in cl. 6.1. (b) (other methods of asserting defects according to the returns policy are not hereby limited in any way). The moment in which a warranty claim is made is considered as the delivery of an expression of will to make a warranty claim and the reproach of the defect the Buyer with the Seller, including the statement of a request regarding the manner of warranty claim settlement. The Seller is obligated to issue the Buyer a confirmation about when the Buyer exercised the right, the subject of the warranty claim and the manner of warranty claim settlement requested by the Buyer, as well as, confirmation of the date and manner of warranty claim settlement, including a confirmation of repairs made and their duration, or a written justification of why the warranty claim was rejected.

7.6. The return policy, which regulates the manner and conditions for claims of defects of goods and the making of claims from the warranty for quality by the consumer, in accordance with provisions of the Civil Code and Act No. 634/1995 Coll., the Consumer Protection Law, as amended, which as Appendix No. 3 constitutes an integral part of these commercial terms and conditions.

8. additional rights and obligations of the contracting parties

8.1. The Seller is not bound in relation to the Buyer by any codex of behavior in the sense of the provisions of Section 1826, subsection 1 (e) of the Civil Code.

8.2. The Czech Trade Inspection Authority (Česká obchodní inspekce) (official registered office at Štěpánská 567/15, 120 00 Prague 2, ID no.: 000 20 869, and internet address: http://www.coi.cz) is the competent body for the extrajudicial resolution of consumer disputes stemming from the purchase contract.  

8.3. The Seller is entitled to sell goods on the basis of a charter. Oversight of the area of personal information protection is performed by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority (Česká obchodní inspekce), among other things, conducts in a limited extent oversight of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

9. protection of personal information

9.1. The Seller fulfills his informational duty to the Buyer, in the sense of Article 13 of Regulation of the European Parliament and Council 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general regulation on the protection of personal information) (hereinafter referred to as the “GDPR regulation”), related to the processing of the personal information of the Buyer for the purposes of visiting the web interface of the e-shop and performance from the purchase contract, for the purposes of negotiations concerning this contract and for the purposes of meeting the statutory obligations of the Seller by means of a specific document accessible, among other places, on the web interface of the e-shop.

10. sending of commercial messages and saving cookies

10.1. The Buyer agrees to the sending of information related to the goods or services of the Seller to the e-mail address of the Buyer and furthermore agrees to the sending of commercial messages of the Seller to the e-mail address of the Buyer. The Buyer may rescind his consent according to the previous sentence at any time.

10.2. The Buyer agrees to the saving of cookies on his computer. In the event that it is possible to make the purchase on the web page and meet the obligations of the Seller from the purchase contract without the saving of cookies on the computer of the Buyer, the Buyer may rescind his consent according to the previous sentence at any time.

11. Delivery

11.1. Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, and this by e-mail, in person or delivered by means of an operator of postal services (selected by the sender). Delivery to the Buyer is made to the e-mail address given in the Buyer’s user account or order, or within the scope of communication between the parties.

11.2. A message is delivered:
a) in the case of delivery by e-mail, at the moment of its acceptance on the server of the inbox; the integrity of messages sent via e-mail may be secured with a certificate,
b) in the case of delivery in person or by means of an operator of postal services, upon the receipt of the parcel by the addressee,
c) in the case of delivery in person or by means of an operator of postal services, also with a refusal to accept a parcel, if it is refused by the addressee (or alternatively a person authorized to accept parcel delivery on behalf of the addressee),
d) in the case of delivery by means of an operator of postal services, after a period of ten days from the storage of the parcel and the giving of notice to the addressee to accept delivery of the stored parcel, if the storage of the parcel occurs at the operator of postal services, and this even in the event that the addressee was not informed of the storage.

12. final provisions

12.1. If a relationship based on the purchase contract contains an international (foreign) aspect, then the parties agree that the relationship is governed by Czech Law. This does not affect the rights of consumers stemming from generally binding legal regulations.

12.2. If certain provisions of the commercial terms and conditions are invalid or ineffective, or become so, the invalid provisions will be replaced by provisions with meanings which are as close as possible to those of the invalid provisions. The invalidity or ineffectiveness of one of the provisions does not affect the validity of the other provisions. Changes and amendments to the purchase contract or the commercial terms and conditions require a written form.

12.3. The purchase contract including the commercial terms and conditions is archived by the Seller in electronic form.

12.4. The appendices of the commercial terms and conditions are comprised of:
a) Appendix No. 1: Sample Form for Withdrawal from the Purchase Contract,
b) Appendix No. 2: List of Fees Connected with the Dispatch of Goods (postage and packing),
c) Appendix No. 3: Return Policy.

12.5. Contact information of the Seller:
Address for delivery: Muzeum hlavního města Prahy, Kožná 475/1, 110 00 Prague 1, Invoicing address: Muzeum hlavního města Prahy, Kožná 475/1, 110 00 Prague 1,              E-mail address: eshop@muzeumprahy.cz, telephone +420 778 497 147.
These commercial terms and conditions are valid and effective as of October 1, 2023.

Attachments

• Appendix No. 1 - to the commercial terms and conditions
• Appendix No. 2 - to the commercial terms and conditions
  
• Appendix No. 3 - of the commercial terms and conditions
• GDPR