General Terms and Conditions of the Museum of Decorative Arts in Prague

I.
Basic Provisions

These General Terms and Conditions (hereinafter referred to as „Terms and Conditions„) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the „Civil Code„) of the Museum of Decorative Arts in Prague, ID No.: 00023442, with its registered office at 2, 17. listopadu Street, 110 00 Prague 1 (hereinafter referred to as the „Seller“), regulate the mutual rights and obligations between the Seller and the Buyer under a purchase contract (hereinafter referred to as the „Purchase Contract“) concluded between the Seller and another person (hereinafter referred to as the „Buyer“) through the UPM e-shop. The UPM e-shop is operated by the Seller on a website located at www.upm.cz.
The provisions of the Terms and Conditions are an integral part of the Purchase Contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
These Terms and Conditions and the Purchase Contract are concluded in the Czech language.

II.
Information on goods and prices

Information about the goods, including the prices of the individual goods and their main features, is given for each item in the catalogue. The prices of the goods are inclusive of value added tax, all related charges. The prices of the goods remain valid for as long as they are displayed in the e-shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
All presentation of the goods in the catalogue of the e-shop is informative and the Seller is not obliged to conclude a purchase contract in respect of these goods.
Information about the costs associated with the packaging and delivery of the goods is published in the online shop. This provision applies to orders with shipping within the Czech Republic. Final prices for delivery to other countries are provided by the eshop on request.
Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.

III.
Information on goods and prices

Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.
The buyer orders the goods in the following ways:
- via his customer account if he has previously registered in the online shop,
- by filling in the order form without registration.
When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The information provided in the order is considered correct by the seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer’s confirmation that he has read these terms and conditions.
Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation shall be accompanied by the Seller’s current terms and conditions. The purchase contract is concluded only after receipt of the order by the Seller. Notification of acceptance of the order is delivered to the buyer’s e-mail address. / Immediately after receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller’s current terms and conditions. The purchase contract is concluded by the confirmation of the order by the Seller to the Buyer’s e-mail address.
In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send an amended offer to the Buyer’s e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer’s confirmation of the acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions.
All orders accepted by the Seller shall be binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephone at the telephone number or email of the Seller set out in these Terms and Conditions.
In the event that there is an obvious technical error on the part of the Seller in quoting the price of the Goods in the Online Shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at such obviously incorrect price even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer’s e-mail address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller’s email address.

IV.
Customer account

Based on the buyer’s registration in the online shop, the buyer can access his customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, in particular if the Buyer no longer uses his/her user account or if the Buyer breaches his/her obligations under the Purchase Agreement or these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

V.
Payment terms and delivery of goods

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract in the following ways:
- by wire transfer to the Seller’s account via a payment gateway,
- by cash on delivery of the goods,
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.
The goods are delivered to the Buyer:
- to the address specified by the buyer in the order
- by personal collection at the Seller’s premises.
The choice of delivery method is made during the ordering of the goods.
The cost of delivery of the goods depending on the method of shipment and collection of the goods is specified in the Buyer’s order and in the Seller’s order confirmation. In the event that the method of delivery is agreed upon at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the buyer’s e-mail address. / The tax document is attached to the goods delivered.
The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods.
Liability for accidental destruction, damage or loss of the goods shall pass to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.

VI.
Withdrawal from the contract

A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts,
- from the date of receipt of the first delivery of the goods if the subject of the contract is a regular recurring delivery of goods.
In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in an amount equivalent to the cheapest method of delivery offered.
If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
The Seller shall be entitled to withdraw from the Purchase Contract due to stock outage or unavailability of the goods.The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the Contract within 14 days of the notice of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer.

VII.
Rights from defective performance

The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
The seller has obligations arising from defective performance at least to the extent that the manufacturer’s obligations arising from defective performance continue. The buyer is otherwise entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
If a defect occurs, the buyer may submit a claim to the seller and demand
- replacement with new goods,
- a reasonable discount on the purchase price,
- withdrawal from the contract.
The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if he cannot use the goods properly because of the recurrence of the defect or defects after repair,
- in the event of multiple defects in the goods.
A material breach is a breach of contract of which the breaching party already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
If a repairable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, to replace the goods or to withdraw from the contract.
When making a claim, the buyer is obliged to tell the seller which right he has chosen. A change of choice without the seller’s consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
If repair or replacement of the goods is not possible, the buyer may claim a full refund of the purchase price upon withdrawal from the contract.
If the seller proves that the buyer knew of the defect in the goods before acceptance or caused it himself, the seller is not obliged to satisfy the buyer’s claim.
The buyer cannot claim discounted goods for the reason for which the goods are discounted.
The Seller is obliged to accept the claim at any establishment where the claim can be accepted, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement the Buyer requires, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim.
The Seller or an employee authorised by the Seller shall decide on the complaint immediately or, in complex cases, within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer’s expression of will (exercise of the right from defective performance) reaches the Seller shall be considered as the moment when the claim is made.
The Seller shall inform the Buyer in writing of the outcome of the claim.
The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the item that the item has a defect or if the Buyer caused the defect himself.
In the case of a justified claim, the buyer is entitled to compensation for the reasonable costs incurred in connection with the claim. The buyer may claim this right from the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
The buyer has the choice of the method of claim.
The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s Complaints Code.

VIII.
Delivery

The Parties may deliver all written correspondence to each other by electronic mail.
The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer’s customer account or order.

IX.
Personal data

All information provided by the Buyer when dealing with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written permission, the Buyer’s data will not be used by the Seller in any way other than for the purpose of performance under the contract, except for the email address to which commercial communications may be sent, as this practice is permitted by law, unless expressly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, email or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.
For more detailed information on data protection, please refer to the Privacy Policy HERE.

X.
Final provisions

All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
All rights to the Seller’s website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any practices in the use of the Online Shop that could adversely affect its operation and shall not engage in any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components comprising the Online Shop or to use the Online Shop or any part thereof or the software in a manner contrary to its purpose or intent.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
Both the Seller and the Buyer shall be bound by the terms and conditions as set out on the Seller’s website on the date the Buyer places an order.
If the seller and the consumer do not agree on an acceptable compromise in the event of a dispute, the consumer may apply to the Czech Trade Inspection Authority with a proposal to initiate out-of-court dispute resolution. All the details of the out-of-court settlement are available at www.coi.cz.

These terms and conditions come into force on 1 June 2021.