of TIC BRNO, p.o.
having its registered seat at Radnická 365/2, 602 00 Brno
company registration number: 00101460
entered in the Commercial Register maintained by the Regional Court in Brno, Section Pr, File 18
governing the online sale of goods at suvenyry.ticbrno.cz
- INTRODUCTORY PROVISIONS
1.1. These terms and conditions of TIC BRNO, p.o. (příspěvková organizace), having its registered seat at Radnická 365/2, 602 00 Brno; company registration number: 00101460; entered in the Commercial Register maintained by the Regional Court in Brno, Section Pr, File 18 (hereinafter as “seller”), govern, pursuant to the provisions of Section 1751 (1) of act number 89/2012 Sb., the Civil Code (“Civil Code”), the mutual rights and obligations of contracting parties arising from, or based on, the purchase contract (“purchase contract”) between the seller and a natural person (“purchaser”) via the seller’s online store (e-shop) operated by the seller at suvenyry.ticbrno.cz (hereinafter as “website”), via the respective web-based user interface (“interface”).
1.2. These terms and conditions do not apply where the person wishing to purchase goods from the seller is a legal entity or a person who orders the goods within the framework of their business activity or within the framework of their profession.
1.3. The purchase contract may contain provisions that are different from those in the terms and conditions. Where the provisions of the purchase contract differ from those of the terms and conditions, the former shall take precedence. The terms and conditions constitute an integral part of the purchase contract. The purchase contract and the terms and conditions are executed in Czech.
1.4. The seller may change or amend these terms and conditions. This provision does not affect the rights and obligations created in accordance with the previous version of the terms and conditions.
- USER ACCOUNT
2.1. Having registered via the web-based user interface, the purchaser may access their user interface to order goods (hereinafter as “user account”). Where allowed based on the settings of the web-based interface, goods can be ordered without registration.
2.2. Only correct and accurate data may be used for registration and ordering via the website. The purchaser must ensure that the registration data is accurate at all times and they must amend it when changed. The seller considers the data provided by the purchaser for the purpose of registration and ordering to be accurate.
2.3. The purchaser accesses their user account via their user name and password. The purchaser is obliged to keep their user account access data confidential.
2.4. The purchaser may not allow third persons to use their user account.
2.5. The seller may terminate a user account if the purchaser has breached their obligations arising from the purchase contract (including the terms and conditions).
2.6. The purchaser hereby acknowledges the fact that the user account may not be available at all times, especially with regard to inevitable maintenance of hardware and software resources of the seller, or those of third parties.
- CONCLUSION OF PURCHASE CONTRACT
3.1. The presentation of goods via the web-based interface is purely informative and the seller is under no obligation to enter into a purchase contract for the purchase of these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web-based user interface contains information on the goods, including purchase prices and costs of return of the goods in cases where, due to the nature of the goods, the goods cannot be sent back by post. The prices shown include VAT and all applicable fees. The prices of the goods are valid as stated in the online store. This provision does not affect the seller’s option to conclude a purchase contract under individual conditions.
3.3. The web-based user interface contains information on the costs of packing and delivery. The information on the costs of packaging and delivery of the goods provided via the web-based user interface only applies to deliveries within the territory of the Czech Republic.
3.4. The purchaser shall order the goods by filling in the form at the web-based user interface, especially the following data:
3.4.1. goods ordered (the goods ordered are “added to shopping cart”),
3.4.2. method of payment, conditions of delivery and
3.4.3. information on delivery costs (hereinafter jointly as “order”).
3.5. The purchaser shall send the order to the seller by clicking on “Odeslat objednávku”
(Send your order). The seller considers the data in the order to be accurate. Having received the order, the seller shall acknowledge the receipt by an e-mail to the purchaser to the e-mail address in the purchaser’s user profile or order.
3.6. By sending their order, the purchaser is thought to have familiarised themselves with the terms and conditions and to have approved them.
3.7. Based on the nature of the order (quantities, prices, expected transportation costs), the seller may ask that the purchaser confirm the order (e.g. in writing or by phone).
3.8. The contractual relationship between the seller and the purchaser shall be deemed established upon the receipt by the purchaser of the acknowledgement of the order (acceptance by the seller) by e-mail.
3.9. The purchaser agrees with the use of long-distance telecommunication devices to conclude the purchase contract. The purchaser shall bear their own costs incurred with the use of the long-distance telecommunication devices (Internet, phone calls); these costs are not different from the basic rate.
- PRICES AND PAYMENT CONDITIONS
4.1. The purchaser may pay the purchase price for the goods and the related transportation fees under the following conditions:
- as a cashless payment via the GoPay system
4.2. The purchaser shall bear the costs of packing and delivery of the goods at the agreed-upon rate. Unless explicitly stated otherwise, the term “purchase price” shall also include the costs of delivery.
4.3. The seller does not require an advance payment or a similar payment from the purchaser. This provision does not affect the provisions of clause 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.
4.4. In the event of cashless payment, the purchase price is due in advance and the goods shall be shipped once the amount corresponding to the purchase price has been transferred to the bank account of the seller.
4.5. In the event of cashless payment, the purchaser shall be obliged to pay the purchase price and enter the variable symbol of the payment. In the event of cashless payment the purchaser’s obligation to pay the purchase price shall be deemed fulfilled once the amount is transferred to the bank account of the seller.
4.6. The seller is entitled to request (especially where the purchaser has not acknowledged their order pursuant to clause 3.7) that the entire amount of the purchase price be paid before the goods are shipped to the purchaser. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Individual discounts potentially granted to the purchaser by the seller are not cumulative.
4.8. The seller is a payer of value added tax. Once the purchase price has been paid, the seller shall issue an invoice (tax document) which will be sent with the goods.
- PURCHASE CONTRACT TERMINATION
5.1. The purchaser acknowledges the fact that, pursuant to the provisions of Section 1837 of the Civil Code, the withdrawal from the purchase contract is not possible in the case of goods which have been customised according to the purchaser’s requirement or for them personally, and in the case of contracts for the purchase of perishable goods, or goods which have been irreversibly mixed with other goods upon delivery, or goods delivered in sealed packaging which have been removed from the packaging and cannot be returned due to health concerns, or in the case of purchase contract for the delivery of audio or audio-visual recording or computer software, where the original packaging has been opened.
5.2. With the exception of the cases listed in clause 5.1 or other circumstances where the withdrawal from the purchase contract is not possible, the purchaser may withdraw from the contract, pursuant to the provisions of Section 1829(1) of the Civil Code, within fourteen (14) days of the acceptance of the goods; in the case of several types of goods or partial deliveries, this period shall commence on the date of acceptance of the last delivery. The notice of contract termination must be delivered to the seller’s establishment or e-mail address within the period stipulated in the previous sentence. In the event of termination of the purchase contract pursuant to clause 5.2 of the terms and conditions, the contract shall be terminated ex tunc. The goods must be returned to the seller within fourteen (14) days of purchase contract termination. Where the purchaser terminates the purchase contract, the purchaser shall bear the costs of returning the goods to the seller, even where the goods cannot be sent by ordinary post due to the nature of the goods.
5.3. In the event of termination of the purchase contract pursuant to clause 5.2 of the terms and conditions the seller shall return the amounts paid by the purchaser within ten (10) business days of receipt of the returned goods in the same manner in which the purchaser had paid for them, or via bank transfer to the bank account of the purchaser given in the termination notice. The seller is also entitled to return the amounts paid by the purchaser upon the return of the goods, or otherwise, as long as the purchaser agrees and there are no costs on their part. Where the purchaser has terminated the purchase contract, the seller is not obliged to return the amounts paid before the goods are returned by the purchaser.
5.4. The seller is entitled to set off their claims for damages, on a unilateral basis, against the purchaser’s claim regarding the reimbursement of the purchase price paid.
The seller is entitled to withdraw from the purchase contract prior to the takeover of the goods by the purchaser, in which case the seller shall return to the purchaser, without an undue delay, the amounts paid to the bank account designated by the purchaser. The following exceptional circumstances represent the withdrawal from the purchase contract by the seller:
- the goods are no longer manufactured or supplied, or a significant price change has occurred on the part of the supplier,
- it is impossible to contact the purchaser (wrong phone number, address of delivery or e-mail address, or the purchaser is unavailable or does not respond to e-mails etc.).
5.5. Where a gift is sent to the purchaser with the goods ordered, a deed of donation is entered into between the seller and the purchaser with a resolutive condition, pursuant to which the deed of donation shall be terminated in the case of termination of the purchase contract by the purchaser, whereupon the purchaser shall be obliged to return the gift to the seller along with the goods purchased.
- TRANSPORTATION AND DELIVERY OF GOODS
6.1. Where the means of transportation has been agreed pursuant to the purchaser’s special request, the risks associated with this means of transportation, plus any additional costs, shall be borne by the purchaser.
6.2. Where the seller is obliged, pursuant to the purchase contract, to deliver the goods to a specific location pursuant to the respective order, the purchaser is obliged to accept the goods upon delivery.
6.3. If, due to circumstances caused by the purchaser, the goods are delivered repeatedly or using a different means of transportation than stated in the order, the purchaser is obliged to reimburse the seller for the costs of the repeated delivery or the costs of the different means of delivery.
6.4. The purchaser is obliged to inspect the packaging of the goods upon takeover and report any defects to the courier. In the event of damage to packaging suggesting that the contents may have been tampered with the purchaser is not obliged to accept the package from the courier.
6.5. Other rights and obligations of the contracting parties regarding the transportation of the goods may be governed by special delivery conditions of the seller, where adopted.
6.6. The delivery period for the goods ordered shall be 7 days from the acknowledgement of the order. The seller is entitled to change the delivery period, of which the purchaser shall be immediately notified by phone.
6.7. The place of delivery is the address given by the purchaser in the respective order.
6.8. To ensure timely and proper delivery, the purchaser must give an exact address and phone number.
6.9. The goods are transported and delivered by Česká pošta via its services entitled Balík do ruky and Balík na poštu. The current price list can be found on the website of the seller.
- RIGHTS ARISING FROM FAULTY PERFORMANCE
7.1. Rights and obligations of contracting parties with regard to the rights arising from faulty performance shall be governed by generally binding legal regulations (especially the provisions of Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code).
7.2. The seller guarantees to the purchaser that the goods are free of defects. In particular, the seller guarantees to the purchaser that, at the time of acceptance:
7.2.1. the goods have the agreed-upon properties or, absent such agreement, the properties described by the seller or manufacturer or expected by the purchaser with regard to the nature of the goods, and based on the associated advertising;
7.2.2. the goods are suitable for the stated or obvious purpose;
7.2.3. the goods conform, in terms of quality and workmanship, to the sample or model, where quality or workmanship was supposed to be based on said model or sample;
7.2.4. the goods are of the required quantity, measurements and weight, and
7.2.5. the goods comply with the relevant legal regulations.
7.3. The provisions of Section 7.2 of these terms and conditions do not apply to goods discounted due to a known defect, as well as to typical tear and wear caused by ordinary use, or to defects caused by ordinary tear and wear in the case of used goods which were known upon acceptance, or where caused due to the nature of the goods.
7.4. If a defect becomes apparent within six months of acceptance, the goods are thought to have been defective at the time of acceptance. The purchaser has the right to exercise their right arising from the defective consumer goods within 24 months of acceptance.
7.5. The purchaser shall exercise their rights arising from faulty performance at the address of the seller:
- TO JE BRNO (information centre), Panenská 1, 658 78 Brno, in the case of personal handover of the defective goods, or
- at Centrální sklad, TIC BRNO, příspěvková organizace, Radnická 365/2, 602 00 Brno (central warehouse).
7.6 A complaint is lodged once the seller has received the goods in question from the purchaser.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The purchaser shall acquire title to the goods once the purchase price has been paid in full.
8.2. The seller is not bound by any codes of ethics vis-à-vis the purchaser within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.
8.3. The purchaser (consumer) has the right to out-of-court settlement of any consumer-related dispute. The competent authority with respect to out-of-court settlement of consumer-related disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce (www.coi.cz)).
8.4. The seller is authorised and licensed to sell the goods upon the basis of a trade license. The relevant supervisory authority is the local Trades Licensing Authority. The competent authority with regard to personal data protection is the Office for the Protection of Personal Data. The Czech Trade Inspection Authority ensures the compliance, within the framework of its authority, with act number 634/1992 Sb., on consumer protection, as amended.
8.5. The purchaser hereby assumes the risk of change in circumstances pursuant to the provisions of Section 1765(2) of the Civil Code.
- PERSONAL DATA PROTECTION
9.1. Protection of personal data of the purchaser (a natural person) is guaranteed pursuant to act number 101/2000 Sb., on personal data protection, as amended.
9.2. The purchaser hereby agrees with the processing of the following personal data: first name and last name, address, company registration number, VAT number, e-mail and phone number (hereinafter jointly as “personal data”).
9.3. The purchaser agrees with the processing of their personal data by the seller for the purpose of exercise of rights and fulfilment of obligations arising from the purchase contract and for the purpose of maintenance of the user account. Absent other choice on the part of the purchaser, the purchaser also agrees with the processing by the seller of the purchaser’s personal data for the purpose of advertising e-mails and messages sent to the purchaser. The consent with the processing of personal data within the entire framework of this article is not a condition as such, the absence of which would be an obstacle to the conclusion of the purchase contract.
9.4. The purchaser acknowledges the fact that they are obliged to provide accurate and correct data (with regard to registration, or when making online purchases via their account) and to inform the seller without an undue delay should any of the personal data change.
9.5. The seller may engage a third person (personal data processor) to process the personal data. The personal data will not be disclosed to third persons without a prior consent of the purchaser, with the exception of couriers delivering the packages.
9.6. Personal data will be processed for an indefinite period. It will be processed electronically (in an automated fashion) or physically (in a non-automated fashion).
9.7. The purchaser acknowledges the accuracy of the personal data provided by them, and that they have been instructed that the personal data has been provided voluntarily.
9.8. Should the purchaser have a reason to believe that the seller or processor (cf. clause 9.5) have been processing their personal data in violation of the principles of privacy protection or in violation of the applicable legislation, especially where the personal data is inaccurate with regard to the purpose of processing, the purchaser may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. request that the seller or processor remedy the objectionable condition.
9.9. Should the purchaser request information regarding the processing of their personal data, the seller is obliged to comply. The seller is entitled to charge a reasonable fee for the provision of information pursuant to the previous sentence, which fee shall not exceed the inevitable costs of the procedure.
10.1. The purchaser agrees to receive information related to the goods, services or business of the seller and to receive advertising e-mails.
10.2. The purchaser agrees that the seller may use their cookies in the purchaser’s computer. Where the online purchase can be made and where the obligations of the purchaser can be fulfilled without these cookies being saved in the purchaser’s computer, the consent referred to in the previous sentence may be withdrawn at any time.
11.1. Notices addressed to the purchaser can be sent to their e-mail address.
- FINAL PROVISIONS
12.1. Where the relationship established by the purchase contract includes an international (foreign) element, the contracting parties agree that the relationship shall be governed by the Czech legislation. This provision does not affect consumer rights arising from generally binding legal regulations.
12.2. Should any provision of the terms and conditions be or become invalid or ineffective, it shall be replaced with a new provision whose purpose shall be as similar as possible to the original provision. The remaining provisions shall remain unaffected by the invalid or ineffective provision.
12.3. The purchase contract, including these terms and conditions, shall be retained by the seller electronically, and is not accessible.
12.4. Seller’s contact information:
Centrální sklad, TIC BRNO, příspěvková organizace, Radnická 365/2, 602 00 Brno
Phone: Jan Suský +420 542 427 167
Denisa Drozdová +420 542 427 166
Eva Spáčilová +420 542 427 154
Brno, 21 September 2016