Terms of Service Západočeské muzeum v Plzni, příspěvková organizace

By making a binding order, the Buyer confirms that he accepts these Terms and Conditions for the delivery of goods announced by the Seller. Relations between the Buyer and the Seller are governed by these Terms and Conditions (which are binding on both parties), the provisions on purchase contracts pursuant to Sec. 2079 et seq. of the Civil Code No. 89/2012 Coll. and by the Civil Code No. 89/2012 Coll. and in the case of consumer buyers also by Act No. 634/1992 Coll., on Consumer Protection, as amended. Legal relations that are not expressly regulated by these Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC") and the legal order of the Czech Republic.

I. Introduction

These Terms and Conditions are valid for purchases in the e-shop at www.zcm.cz, which is operated by the West Bohemian Museum in Pilsen, a contributory organization. The Terms and Conditions define and specify the rights and obligations between the Seller, which is the West Bohemian Museum in Pilsen, a contributory organization, and the Buyer.

Contact details:
West Bohemian Museum in Pilsen (Západočeské Muzeum), a contributory organization
Kopeckého sady 357/2, 301 00 Pilsen (Plzeň), Czech Republic
ID No.: 00228745
Tax ID No.: CZ00228745
registered at the Regional Court in Pilsen, Section Pr, Insert 758
(hereinafter referred to as the "Seller or ZČM")

II. Definitions

Consumer contract - a sales contract or other contract under the Civil Code, if the contracting parties are a consumer on the one part (consumer is a person other than an entrepreneur; entrepreneur is considered to be an entity who places an order or concludes a contract with the seller in the course of his business activity or in the course of his independent exercise of his profession)
and a supplier or a seller on the other part.
Consumer buyer - a person who does not act in the course of his business when concluding and performing a contract. It is a natural or legal person who purchases products or uses services for purposes other than for the purpose of doing business with those products or services.
Non-consumer buyer – an entrepreneur that purchases products or uses services in the course of his business or in the course of independent exercise of his profession.

III. Personal data protection

The Buyer agrees that the personal data provided by him/her will be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject of the contract.
The protection of personal data of a Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
The administrator of personal data is the Seller, i.e. the West Bohemian Museum in Pilsen, a contributory organization, with its registered office at Kopeckého sady 357/2, 301 00 Pilsen, ID No.: 00228745, registered at the Regional Court in Pilsen in section Pr, insert 758.
The Seller may use the personal data beyond the necessary order processing, conclusion and performance of the contract only under the conditions set out below or on condition that it obtains the Seller's voluntary consent, if such consent is required by law.

IV. Order, conclusion of contract, delivery period

A condition for a valid electronic order is the completion of all mandatory data and requirements specified in the order form. The Seller shall notify the Buyer of the acceptance of the order by sending an e-mail to the Buyer´s e-mail address specified in the order with the Buyer´s acceptance of the order (hereinafter referred to as "Acceptance").
By placing an order, the Buyer accepts these Terms and Conditions of the Seller and the price for the ordered goods, including any shipping and transport costs applicable at the time of making and sending the order.
Once the Buyer receives the Seller's acceptance of the order (via e-mail), the Seller´s offer for the ordered goods, including the price stated in the order, is binding until the delivery of the goods to the Buyer, unless otherwise provided for in any provision of these Terms and Conditions in a special case.
The order is a draft purchase contract, where the purchase contract itself is concluded by e-mail acceptance of the order by the Seller to the Buyer. From this moment on, mutual rights and obligations arise between the Buyer and the Seller, which are defined in the purchase contract and these Terms and Conditions, which are an integral part of the purchase contract. In the case of personal collection of the goods, it is agreed that the Seller will reserve the goods for the Buyer at the Buyer's premises for a period of 5 working days from the acceptance of the order. After the expiration of this period, the concluded purchase contract shall cease to be valid and both parties shall no longer be bound by it.
The contract is concluded in the Czech language. Information on the individual technical steps leading to the conclusion of the contract is evident from these Terms and Conditions, where the process is clearly described.
Delivery time is 2-30 days unless otherwise stated. In the event that any goods are out of stock, the Seller is obliged to contact the Buyer immediately.

V. Price, payment, transport, delivery and acceptance of goods

The prices listed on the website http://www.zcm.cz are inclusive of VAT.
They do not include shipping costs.
Shipping costs are then added in the order form.
The final price after filling out the order form is already listed including shipping. The price at the conclusion of the contract between the Seller and the Buyer is considered to be the price indicated in the e-shop for the goods at the time of ordering. This price will be indicated in the order form and in the e-mail confirming receipt of the order of goods.
The prices listed in the e-shop are valid only for the Czech Republic.
The country of destination, the method of delivery, the volume of purchase and the weight are decisive for the price of shipping.
The invoice issued on the basis of the purchase contract between the Seller and the Buyer also serves as a tax document and delivery note.
The Buyer can only take over the goods after they have been paid in full.
The Seller undertakes to reserve the ordered goods for the Buyer for a period of 5 working days from receipt of the order, unless otherwise agreed. If the order is not paid within this period, the Seller will offer the ordered goods for resale.
The Seller is entitled to demand payment of the entire purchase price before sending the goods to the Buyer if the price of the goods exceeds CZK 10,000.

The Seller shall charge the following types of postage charges in connection with the delivery of the goods to the Buyer:

Czech Republic:

up to 3 pieces: 99 CZK
up to 5 pieces: 139 CZK
6 pieces and more: 159 CZK
cash on delivery: 80 CZK fee added to the postage
free postage: for orders over 2 500 CZK and payment in advance
personal collection at the reception in Kopeckého sady 357/2 (ZČM headquarters): free of charge

Slovakia:

up to 3 pieces: 569 CZK
3 pieces and more: 599 CZK
shipments abroad (outside Slovakia): postage according to the carrier´s tariff
payment by card: only from the Czech Republic and Slovakia, from abroad (except Slovakia) payment is possible only by bank transfer to the bank account of the West Bohemian Museum
cash on delivery is possible only in the Czech Republic
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged / indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met the conditions and requirements and that any subsequent claims regarding the breach of the integrity of the shipment will be disregarded. Complaint about any damage to the goods in transit that was not apparent before opening the shipment must be made by the Buyer within 10 days of receipt of the goods in order to enable the Seller to immediately claim against the carrier for defective transport of the goods. o The method of delivery of goods is selected by the Buyer through the order form of the web interface of the online store. In the event that the Buyer requests a different method of delivery than the standard methods
offered by the Seller in the order process, the Buyer bears the risk and any additional costs associated with this method of delivery.
The Buyer is obliged to accept the goods. If the Buyer does not take over the goods, the Seller is entitled to withdraw from the contract.
Goods are shipped exclusively in the manner and to the delivery address specified by the Buyer in the order. In the event that, for
reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner 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.
The information provided by the Buyer on the order is understood as binding. In the event of any incorrect information given by the Buyer in the name, delivery address, electronic address and telephone number, the Seller shall not be liable for non-delivery of the goods to the Buyer.
The moment the goods are handed over from the carrier to the Buyer, the goods are considered to be handed over from the Seller.
Undelivered shipment: if the Buyer does not receive the shipment within the specified delivery time, he can contact the Seller via e-mail: e-shop@zcm.cz. A new shipping method will then be arranged with the Buyer if the shipment has been returned as undeliverable. If there is an error on the part of the Seller (includes errors on the part of the carrier), the Seller bears these extra costs for postage. If the fault lies with the Buyer, the Buyer is obliged to pay the Seller the extra postage costs incurred.

VI. Buyer´s rights from defective performance, claims

The buyer is entitled to exercise the right from the defect that occurs in consumer goods within 24 months from the receipt of the item by the Buyer. He must do so at the Seller, at the address of the West Bohemian Museum in Pilsen, contributory organization, with the registered office Kopeckého sady 357/2, 301 00 Pilsen, e-mail: e-shop@zcm.cz, in the form of an unambiguous statement (e.g. in the form of an e-mail or letter sent through the postal service, not by cash on delivery). The Buyer must always provide a tax receipt
for the purchase of the goods. A claim can only be accepted if it is a defect for which the Seller is liable due to defective performance, made within 24 months of receipt of the goods. If any of the conditions set out herein are not properly fulfilled by the Buyer, the claim cannot be accepted as justified.
The Buyer´s choices in the event of a claim are based on the applicable regulations. The Seller is obliged to properly inform the Buyer of the claim.
Within this period (24 months), the consumer buyer is entitled to file a claim and, at his/her option, to claim the following for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or irremovable):
- Remedy of the defect by supplying a new item without defect or by supplying the missing item
- removal of the defect by repair free of charge
- a reasonable discount on the purchase price
- refund of the purchase price on the basis of withdrawal from the contract

A material breach of contract is when the party breaching the contract already knew or must have known at the time of entering into the contract that the other party would not have entered into such 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 removable or irremovable), the consumer buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
The Seller is liable for defects that occur in the item within 24 months of its acceptance by the Buyer. If the catalogue, the website http://www.zcm.cz, the warranty card attached to the product, the sold item, its packaging, the instructions attached to the item indicate the period of time for which the item can be used (warranty period), the seller is liable for the fact that the item will be fit for use for its usual purpose or that it will retain its usual characteristics during the warranty period. The warranty period so contractually granted shall commence from the date of acceptance of the goods by the Buyer.
The rights from defective performance are not due to the Buyer if the Buyer knew before takeover that the item has a defect or if the Buyer caused the defect himself, especially in the following ways:
- the product is mechanically damaged (e.g. in case of unauthorized
  handling of the product),
- the defect was caused by unprofessional or careless handling or by the
  product being used for a purpose other than its usual or manufacture´s
  intended use,
Furthermore, the Selle´s liability to the extent stated above does not apply to cases of:
- a product sold at a lower price, where the defect is the reason for the lower price,
- if the defect claimed by the Buyer is in the nature of wear and tear caused by normal use of the product, if this is apparent from the nature of the product
- damage caused by the Buyer's inattention, natural disaster or other external influences, i.e. not by defective performance on the part of the Seller.
The Seller shall decide on the acceptance of the goods for complaint in more complex cases within 10 working days. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from 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. 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 complaint and what method of handling the complaint the consumer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
In the case of a legitimate complaint, the Buyer is entitled to reimbursement of
the costs reasonably incurred.

VII. Return of goods - withdrawal from the contract

The Buyer, who is a consumer and has concluded a contract with the Seller through e-shop www.zcm.cz, has the right to withdraw from the contract without giving any reason within 14 days from the moment when he or a third party designated by him (other than the carrier) takes over the goods. This right does not serve as a way of dealing with the delivery of defective goods
For the purpose of exercising the right to withdraw from the contract, the Buyer must inform the Seller (the West Bohemian Museum in Pilsen, a contributory organization, with its registered office at Kopeckého sady 357/2, 301 00 Pilsen) of his decision to withdraw from this contract in the form of an unambiguous statement, e.g. a letter sent via post or e-mail). The Buyer may use the attached sample withdrawal form.
Consequences of withdrawal:
- The goods shall be returned by the Buyer without undue delay, no later than 14 days from the date on which the Buyer notifies the Seller that he is withdrawing from the contract. The deadline is deemed to have been met if the goods are sent back before the expiry of the 14 days.
- Costs associated with taking back the goods - the Buyer will bear the direct costs associated with the return of the goods
- Liability for reduced value of returned goods - the Buyer is only liable for reduced value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality. If the returned goods have been damaged by a breach of the Buyer´s obligations, the Seller shall be entitled to make a claim against the Buyer for reduction in the value of the goods and deduct it from the amount returned.

4. The Seller is obliged to refund to the Consumer Buyer the full amount corresponding to the price of the goods and the costs paid for their delivery, within 14 days of withdrawal from the contract, in the same way as the payment was received from the Consumer Buyer.

VIII. Delivery

Unless otherwise agreed, all correspondence related to the contractual relationship between the Seller and the Buyer must be delivered to the other party in writing, by electronic mail, in person or by registered mail through the postal service provider of the sender´s choice. The Buyer shall be served at the e-mail address provided by the Buyer.
Message delivery:
- by e-mail: the message is delivered when it is received by the incomingmail server.
- in person or by the postal service provider: by the addressee taking over consignment or by refusing to take the delivery of the consignment if the addressee (or a person authorized on his behalf) refuses to take delivery of the consignment; in the case of delivery by the postal service provider, by the expiry of a period of 10 days from the deposit of the consignment and the submission of a request to the addressee to take delivery of the deposited consignment if the consignment is deposited with the postal service provider, even if the addressee has not been informed of the deposit.

IX. Final Provisions

This contractual relationship is governed by the law of the Czech Republic, even in the case that the relationship related to the use of the web interface of the Internet Shop or the legal relationship based on the contract contains an international (foreign) element.
The parties agree to resolve any disputes amicably at first.
The Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2 e-mail adr@coi.cz, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract (www.adr.coi.cz).
If the parties fail to reach an amicable agreement in the event of a dispute related to business relations, the resolution of such dispute shall be subject to the courts of the Czech Republic, even if the other party is not a citizen/resident of the Czech Republic. The court of first instance is the court with jurisdiction in the district in which ZČM has its registered office, according to its statutory subject matter jurisdiction.
In the case of a relationship with an international element, it is agreed to establish the jurisdiction of the Czech courts in the event of property or other disputes, as well as property disputes related thereto, with the court in whose district the ZČM has its registered office having jurisdiction in the first instance.
In the event that any provision of these general Terms and Conditions proves to be invalid or ineffective - whether due to the applicable legal regulations of the Czech Republic or changes thereto - or if any provision is missing, the other provisions of the Terms and Conditions shall remain unaffected by this fact. The provision in question shall be replaced either by a provision of the relevant generally binding legal regulation which is closest in nature and purpose to the intended purpose of these Terms and Conditions, or - if there is no such provision of the legal regulation - by a method of solution which is customary in such legal relations.

All billing, delivery and contact details of the Seller are listed in the web of the online shop: http://www.zcm.cz, at https://zcm.cz/kontakty/kontaktujte-nas.

These Terms and Conditions shall come into force and effect on 1 June 2023.