General termins and conditions OF ESEOS S.R.O.
1. INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions (hereinafter to be referred to as the “GTC”) of the Eseos, s.r.o., based in Purkyňova74, Brno, Postcode: 612 00, Company ID: 292 89 564, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, Insert 71385 (hereinafter to be referred to as the “Seller”) regulate the mutual rights and obligations of the Parties arising in connection with or pursuant to the Purchase Agreement (hereinafter to be referred to as the “Purchase Agreement”) entered into via the Internet Store of the Seller that is located on the www.ownmucha.com website (hereinafter referred to as the “Internet Store”) between the Seller and (i) a physical person that does not act within its business or trade activities when entering into the Purchase Agreement (hereinafter to be referred to as the “Buyer – Consumer”), or (ii) a physical person or legal entity that acts within its business or trade activities when entering into the Purchase Agreement (“Buyer – Entrepreneur”). In the event that these GTC govern differently certain rights and obligations for the Buyer – Consumer and Buyer – Entrepreneur, those Parties shall hereinafter be referred to as the “Buyer”.
1.2 The rights and obligations between the Buyer – Consumer and the Seller, including the question of application of warranty claims are governed by these GTC and a part of their extent that is not adjusted in these GTC shall be governed, in particular, by the Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter to be referred to as the “CC”) and the Act No. 634/1992 Coll., on the Consumer Protection, as amended (the “CPA”).
1.3 The rights and obligations between the Buyer – Entrepreneur and the Seller, including the question of liability for defects shall be governed by these GTC and a part of their extent that is not adjusted in these GTC shall be governed, in particular, by the Act No. 513/1991 Coll., Commercial Code, as amended (the “Commercial Code”).
1.4 The Purchase Agreement between the Buyer – Consumer and the Seller is entered into by a bound delivery of the Buyer´s order to the Seller via the Internet Store. Mutual rights and obligations between the Buyer – Consumer and the Seller have been created at the moment of this operation.
1.5 The Purchase Agreement between the Buyer – Consumer and the Seller is a Consumer Contract within the meaning of § 52, paragraph 1 of the Commercial Code.
1.6 The Purchase Agreement between the Buyer – Entrepreneur and the Seller is entered into by a confirmation of a binding order of the Buyer signed by the Seller. Mutual rights and obligations between the Buyer – Entrepreneur and the Seller have been created at the moment of this operation.
1.7 These GTC also govern the rights and obligations of the Parties in the use of the above Internet Store of the Seller and other related legal relations.
1.8 Provisions diverging from the GTC can be agreed in the Purchase Agreement. Divergent arrangements in the Purchase Agreement shall take precedence over the provisions of the GTC.
1.9 Provisions of the GTC are an integral part of the Purchase Agreement.
1.10 In the event of entering into the Purchase Agreement via the above Internet Store a Purchase Agreement can be concluded in English only and the GTC are also written in English. The Seller is, however, the operator of an Internet Store located on the www.ownmucha.com website, by means of a Purchase Agreement can be concluded also in the Czech language, and at the same time, where the GTC are available also in Czech.
1.11 The Seller is entitled to amend or complement the GTC. This provision shall not affect the rights and obligations arising during the effective period of the previous GTC´s version.
2. USER´S ACCOUNT
2.1 The Buyer can access its user´s interface based on its registration made by the Buyer in the Internet Store. The Buyer can order goods from its user´s interface (hereinafter to be referred to as the “User´s Account”). In the event that the web interface of the Internet Store allows it, the Buyer may also order goods without a registration directly from the web interface of the Internet Store.
2.2 The Buyer shall be obliged to provide correct and true data in all fields when making the website registration and ordering goods. The Buyer shall update data referred to in the user´s account in case of any change always prior to the Buyer's order. The data referred to by the Buyer in the user´s account and when ordering goods are believed to be correct by the Seller.
2.3 The access to the User´s Account is secured with a username and a password. The Buyer is obliged to maintain the confidentiality of the information necessary to access its User´s Account and acknowledges that the Seller shall not be liable for a breach of this obligation by the Buyer.
2.4 The Buyer shall not be entitled to allow the use of the User´s Account to third Parties.
2.5 The Seller may cancel the User´s Account, especially if the Buyer does not use its User´s Account for more than one month, or if the Buyer breaches its obligations under the Purchase Agreement (including GTC).
2.6 The Buyer acknowledges that the User´s Account does not have to be available continuously, particularly with regard to the maintenance of the necessary hardware and software of the Seller or owing to a necessary maintenance of hardware and software of third Parties.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1 The Internet Store contains a list of goods offered for sale by the Seller, including the prices of individual goods offered. Prices of the goods offered include value added tax and do not include any prices for transport of goods to the Buyer. The offer of sale of goods and the prices of the goods shall remain in force for as long as they are displayed in the Internet Store. This provision does not restrict the Seller to enter into a Purchase Agreement on individually negotiated terms.
3.2 The Seller sells various consumer goods via the Internet Store, which is associated with the Ivan Lendl: Alfons Mucha exhibition, such as scarves with prints containing reproductions of works by Alfons Mucha, reproduction of Alfons Mucha posters, images printed on canvas in frame and publications.
3.3 In addition to the price of goods, the Internet Store´s interface also includes information about the costs of packaging and delivery of goods. Goods are delivered by the Seller worldwide.
3.4 For ordering goods the Buyer shall fill an order from in the Internet Store. The order form contains in particular information about:
3.4.1. Goods ordered (the Buyer shall put goods ordered in an electronic shopping cart of the web interface in the Internet Store);
3.4.2. Method of payment of the purchase price for the goods, details of the desired method of delivery of the goods ordered, and
3.4.3. Information on the costs associated with the delivery of goods (hereinafter to be collectively referred to as the “Order”).
3.5 Before sending orders to the Seller, the Buyer is enabled to check and change the details put into the Orders, even with regard to give the Buyer a possibility to detect and correct errors made when entering data into the Order. The Buyer shall send the order to the Seller by clicking on the “SEND” button. The data referred to in the Order are believed to be correct by the Seller. The Seller shall promptly confirm an order by e-mail immediately after receipt of order from the to the e-mail address specified in the Buyer's user interface or in the Order (hereinafter to be referred to as the “Buyer's Email Address”).
3.6 The Buyer agrees to the use of distance electronic communication in the conclusion of the Purchase Agreement. Costs incurred by Buyer when using means of electronic distance communication in connection with the closing of the Purchase Agreement (the cost of Internet access, telephone costs) shall be paid by the Buyer itself.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer can pay to the Seller price of the goods and any costs associated with the delivery of goods by the Purchase Agreement in the following ways:
• to the Seller's account No. 247686438/0300 maintained by the ČSOB if paying by the bank transfer in CZK Cashless by a payment card. Cash on delivery (only in Czech)
• to the Seller's account No. 5028049095/0900 maintained by the Slovenská spořitelna if paying by the bank transfer in EURO Cashless by a payment card.
4.2 Along with the purchase price, the Buyer shall pay to the Seller the cost associated with packaging and delivery of the goods at an agreed rate. Unless expressly stated otherwise, the purchase price shall be understood to include also the costs associated with the delivery of goods.
4.3 In case of payment by cash on delivery, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payments, the purchase price is payable within seven days after the conclusion of the Purchase Agreement.
4.4 In the case of cashless payments, the Buyer shall pay the purchase price of the goods stating the variable symbol of the payment, which shall be communicated to the Buyer by the Seller. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment, when the relevant amount is credited to the account of the Seller.
4.5 The Buyer acknowledges and agrees that the Seller is obliged to send the ordered goods to the Buyer after full payment of the purchase price.
4.6 Any discounts on the price of goods provided by the Seller to the Buyer shall not be combined.
4.7 Along with the order confirmation the Seller shall send to the Buyer a tax document (invoice) in electronic form to the electronic address of the Buyer. The Seller is payer of the value added tax.
4.8 The above tax document (invoice) serves also as a warranty.
5. WITHDRAWAL FROM THE BUYER – CONSUMER PURCHASE CONTRACT
5.1 The Buyer – Consumer acknowledges that according to § 53 paragraph 8 of the Commercial Code, among other things, it is not possible to withdraw from the Purchase Agreement for the supply of goods customized to the Buyer's wishes, as well as goods which are subject to rapid deterioration, wear or tear, the supply of audio and video recordings and computer programs, should the Buyer – Consumer violates their original packaging, and the same applies to the Purchase Agreement for the supply of newspapers, periodicals and magazines.
5.2 Unless this is the case referred to in the Article 5.1 of the GTC or other cases where it is not possible to withdraw from the Purchase Agreement, in accordance with § 53 paragraph 7 of the Commercial Code, the Buyer – Consumer shall have the right to withdraw from the Purchase Agreement within fourteen (14 ) days of receipt of goods. A withdrawal from the Purchase Contract shall be delivered to the Seller within fourteen (14) days from the receipt of goods. The Buyer may, among others, send a withdrawal from the Purchase Agreement to the address of the Seller.
5.3 In case of a withdrawal from the Purchase Agreement in accordance with the Article 5.2 of the GTC, a Purchase Agreement shall be cancelled from the very beginning. Goods must be returned to the Seller within five (5) working days from the dispatch of a withdrawal from the Purchase Agreement to the Seller. The goods must be returned to the Seller undamaged and unworn, if possible, in the original packaging.
5.4 The Seller is entitled to review the returned goods, especially in order to determine whether the returned goods are not damaged, worn or partially consumed within fifteen (15) days after return of the goods by the Buyer – Consumer under the Article 5.3 of the GTC.
5.5 In case of a withdrawal from the Purchase Agreement in accordance with the Article 5.2 of the GTC, the Seller shall return the Buyer a fulfilment provided by the Buyer – Consumer – within ten (10) days after the end of the period for reviewing the goods according to the Article 5.4 of the GTC, in a form of a cashless transfer to an account designated by the Buyer – Consumer. The Seller is also entitled to return a fulfilment provided by the Buyer – Consumer at the time of returning the goods by the Buyer – Consumer. This provision shall not affect the right to unilateral offsetting by the Seller pursuant to the Article 5.6 of the GTC below and in case of the exercise of the Seller's lien under § 175 et seq. of the Commercial Code.
5.6 The Buyer – Consumer acknowledges that if the goods returned by the Buyer – Consumer are damaged, worn or partially consumed or not returned within the period according to the Article 5.4 hereof, the Seller shall be entitled to the compensation for damage incurred against the Buyer – Consumer. An entitlement to compensation for damages may be offset by the Seller unilaterally against the claim of the Buyer – Consumer to refund the purchase price.
5.7 , the Seller is entitled to withdraw from the Purchase Agreement anytime until the receipt of the goods by the Buyer. If the purchase price has already been paid, the Seller shall return the purchase price without any undue delay by a direct cashless transfer to the account designated by the Buyer.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1 A method of delivery of goods shall be determined by the Buyer of the ways offered by the Seller at the location of placing the Order. Prices for individual ways of delivering the goods shall be notified to the Buyer when filling out the order form in the Internet Store.
6.2 The Buyer is obliged to accept goods on delivery. Unless the Buyer does takes over the goods on delivery, the Seller is either entitled to charge the Buyer for storage cost of CZK 250 (in words: two hundred fifty Czech crowns) for every single day or the Seller is entitled to withdraw from the Purchase Contract.
6.3 In the event that owing to reasons on the Buyer´s part, the goods must be delivered repeatedly or in a manner other than stated in the Order, the Buyer shall be obligated to pay the costs associated with repeated delivery of goods, or costs associated with other way of delivery.
6.4 When taking the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods, and to immediately notify the carrier in case of any defects. In case that the Buyer finds damage to the packaging evidential of unlawful act of infringement in relation to the consignment, the Buyer is not obliged to accept the goods from the carrier. By signing the delivery note the Buyer confirms that the packaging of the consignment containing goods was intact.
6.5 After receipt of goods from the carrier, buyer is obliged to inspect the goods inside of shipment. And in a case of any defects of the goods due to the transportation, buyer is required to notify the seller immediately in writing (via email firstname.lastname@example.org), but no later than 3 days from the receipt of consignment. Report damage must include a photo of the damaged goods and also photo of packaging (boxes or tube). The buyer is also obliged to keep the whole consignment package until the seller (via the carrier) take the goods back. In the case of breach of time reporting, the reclamation will be rejected by the seller.
7. LIABILITY FOR DEFECTS AND GUARANTEE TO THE BUYER – CONSUMER
7.1 The rights and obligations between the Seller and the Buyer – Consumer concerning liability for defects, including the warranty liability of the Seller, shall be governed by generally binding regulations (particularly the provisions of § 612 et seq. of the Commercial Code).
7.2 The Seller shall be accountable to the Buyer – Consumers for a compliance of the goods sold with the Purchase Agreement, in particular for the faultlessness of the goods. A conformity with the Purchase Agreement means that the goods sold has quality and properties required by the Purchase Agreement, described by the Seller, the manufacturer or its representative, or expected on the basis of their ads, or quality and properties that are customary for a thing of its kind, and that the goods meet the requirements of legislation, is in the adequate quantity, measure or weight and corresponds to the purpose as stated by the Seller or to its usage, which is usual for that thing.
7.3 Unless the goods upon its receipt by the Buyer – the Consumer is not in accordance with the Purchase Agreement (hereinafter to be referred to as the “Conflict with the Purchase Agreement”), the Seller shall be obliged to bring, free of charge and without any undue delay, the case to a successful conclusion, i.e. to the state corresponding to the Purchase Agreement as requested by the Buyer – Consumer either by an exchange of a thing in question, or by its repair. Unless such a procedure is possible, the Buyer – Consumer shall be entitled to demand an appropriate reduction of the price or to withdraw from the Purchase Agreement. This shall not be applied in the event that the Buyer-Consumer knew about a conflict with the Purchase Agreement before assuming the goods or in case it caused the conflict with the Purchase Agreement by itself. A conflict with the Purchase Agreement, which will manifest itself within six (6) months from the date of receipt of the thing, shall be deemed as already existing in its acceptance, unless it conflicts with the nature of the case or is proven otherwise.
7.4 Unless the goods in question can spoil quickly or is used goods, the Seller shall be accountable for defects which appear as a Conflict with the Purchase Agreement after acceptance of the goods within the warranty period (warranty).
8. COMPLAINT RULES FOR THE BUYER – CONSUMER
8.1 The rights of the Buyer – Consumer resulting from the Seller's liability for defects, including the warranty liability of Seller, shall be exerted by the Buyer – Consumer against the Seller at the Seller´s premises based in Purkyňova 74, Brno, Postcode: 612 00.
8.2 The warranty period for the goods sold to the Buyer – Consumer is laid down in § 620 paragraph 1 of the Commercial Code in the extent of 24 months. The warranty period begins on the date of receipt of the goods.
8.3 The warranty period pursuant to § 19, paragraph 3 of the Law on Consumer´s Protection shall be extended only by a period lasting from the acceptance of the goods for the warranty overhaul to the time period, when the Buyer is obliged to take over the goods, i.e. to the moment, when the goods is repaired and could be assumed by the Buyer – Consumer. In cases of the exchange of the goods, a new warrant begins to run upon receipt of new goods.
8.4 In the event that the Seller finds in the assessment of a claimed defect that the complaint is not justified, it shall notify the Buyer – Consumer accordingly without any undue delay and no later than within 30 days upon the claim is made. In case of a justified complaint, according to § 598 of the Commercial Code the Buyer – Consumer is entitled to reimbursement of necessary expenses incurred in connection with the assertion of rights resulting from the liability for defects.
8.5 Thirty-day period for settlement of the complaint begins to run on the day following the claim made by the Buyer – Consumer. If the last day of the period falls on a Saturday, Sunday or holiday, the last day of the period shall be the nearest working day.
8.6 In the event that a defect is removable, the Buyer – Consumer has a right to free remedy. Unless it is due to its nature disproportionate in the case of a claimed defect in the goods, which is otherwise removable, the Buyer – Consumer has a right to exchange the goods or a part thereof, where a defect relates only to a part of the goods. Unless such a procedure is feasible, the Buyer – Consumer is entitled to ask a reasonable discount or may withdraw from the Purchase Agreement. The Buyer – Consumer has the right to exchange the goods also in case of removable defects, whose reoccurrence after repair, or whose greater number unable the Buyer – Consumer to properly use the goods.
The Buyer – Consumer has the right either to withdraw from the Purchase Agreement or to exchange the goods in the event of occurrence of a larger quantity of removable defects. The option is up to the Buyer – Consumer.
8.7 In the event of a defect that can not be removed and prevents use of the goods as the goods without defect, the Buyer – Consumer has the right to exchange the goods for the new ones or to withdraw from the Purchase Agreement. In the case of an irremovable defect that does not prevent the use of the goods, and the Buyer – Consumer does not require their exchange; the Buyer-Consumer has the right to a reasonable discount from the price of the goods.
8.8 In the event of an irremovable defect that prevents the use of the goods as the goods without defects, the Buyer – Consumer has the right to withdraw from the Purchase Agreement or to exchange the goods. The option is up to the Buyer – Consumer.
8.9 Claims, including the removal of defects must be processed within 30 calendar days, unless the Buyer – Consumer agreed a longer period. After settling the claim, the Buyer – Consumer gets a copy of a claim protocol, stating how the complaint was handled. Other potential complaints of exchanged goods shall be asserted by the Buyer – Consumer on the basis of this claim protocol, which replaces the warranty and delivery note.
9. LIABILITY FOR DEFECTS AGAINST THE BUYER – ENTREPRENEUR
9.1 The rights and obligations between the Seller and the Buyer – Entrepreneur concerning liability for defective goods shall be governed by generally binding regulations (particularly the provisions of § 422 et seq. of the Commercial Code).
10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
10.2 The Buyer acknowledges that software tools and other components are integral parts of the web interface of the Internet Store (including photographs of the goods offered) that are protected by copyright. The Buyer undertakes not to engage in any activity that could enable either it or third parties to unduly interfere or improperly use software or other parts of the web interface of the Internet Store.
10.3 When using the use web interface of the Internet Store, the Buyer is not entitled to use mechanisms, software or other actions that could have a negative impact on the business operation of the web interface. The web interface can be accessed only to the extent that it is not at the expense of the rights of other customers of the Seller, and which is consistent with its purpose.
10.4 The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of § 53a paragraph 1 of the Commercial Code.
10.5 The Buyer acknowledges that the Seller shall not be liable for any errors resulting from the interference of third Parties to the Internet Store or in result of the use of Internet Store contrary to its purpose.
11. FINAL PROVISIONS
11.1 In the event that the relationship with the use of the Internet Store or a legal relationship under the Purchase Agreement contains an international (foreign) element, the Parties agree that this Purchase Agreement shall be governed by the Czech law. This does not affect the Buyer's – Consumer´s rights resulting from generally binding legal regulations.
11.2 The Seller is entitled to sell the goods under a trade license and the Seller´s activity is not subject to any other authorization. The respective licensing office carries out trade inspections within the scope of its competence.
11.3 In the event that any provision of the GTC is invalid or unenforceable, or becomes invalid or unenforceable, it shall not affect the validity of other provisions of the GTC. Amendments and supplements to the Purchase Agreement or the GTC must be made in writing.
11.4 The Purchase Agreement, including terms and conditions is archived by the Seller in electronic form and is not accessible.
11.5 The Seller's contact information: mailing address: Eseos, s.r.o., based in Purkyňova74, Brno, e-mail address: email@example.com, phone: +420 548 210 826. Unless agreed otherwise, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing, namely by electronic mail, in person or via registered mail service (at the discretion of the sender). The Buyer may be delivered to the email address of the Buyer. The Seller shall not be liable for false information mentioned in the User´s Account of the Buyer or for the updating of the invalid data. The Buyer may deliver to the Seller to the above e-mail address only from the electronic address of the Buyer.