General terms and conditions for the sale of goods on the e-shop
I. General provisions
- The National Heritage Institute is a state contributory organization established by the Ministry of Culture, with its registered office at 162/3 Valdštejnské nám., Prague 1, ID No.: 75032333 (hereinafter referred to as "NHI").
- These General Terms and Conditions (hereinafter referred to as the "GTC") regulate the mutual rights and obligations of the parties to the legal relationship between the NHI and the customer, based on the purchase of goods offered by the NHI through the NHI web portal and are an integral part of the contract concluded by the purchase of these goods between the NHI and the customer (hereinafter referred to as the "Contract").
- The Customer may be a natural or legal person who is the purchaser of the goods (hereinafter referred to as the "Customer").
- The sale of NHI goods is carried out through the web portal for the sale of goods, operated on the internet portal http://www.npu.cz, through the web interface of the shop https://www.npu.cz/e-shop (hereinafter referred to as "e-shop"); the e-shop is operated in Czech language. NHI is the seller in relation to the Customer. All obligations of the Seller under the Contract shall be performed by NHI.
- The goods offered on the e-shop are divided into individual categories - books, magazines, methodologies and gift items (hereinafter referred to as "goods").
- The GTC and the Contract are drawn up in the Czech language. The provisions of the Contract take precedence over the GTC.
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Contact and identification data of the National Heritage Institute:
Name: National Heritage Institute, state contributory organization
Registered office and address for delivery: Valdštejnské nám. 162/3, 11801 Prague 1
ID NO.: 75032333
E-mail address: eshop@npu.cz
Phone: +420 234 653331, +420 724 358131
Place for personal collection of goods: bookshop and information centre of the National Heritage Institute, Na Perštýně 12, Prague 1
PO Box: 2cy8h6t - All information about the processing of the Customer's personal data is contained in the Personal Data Processing Policy at https://www.npu.cz/ochrana-osobnich-udaju
II. Contract between the Customer and the NHI
- The contract between the Customer and the NHI is formed by the purchase of goods on the e-shop, by confirming the order created by the Customer on the e-shop, by delivering a confirmation e-mail according to Article III, paragraph 2, letter f) of the GTC (hereinafter referred to as the "Confirmation e-mail"). The contract is not executed in paper form. The GTC are an annex to the Contract and are sent to the Customer in the Confirmation Email.
- Communication between the NHI and the Customer is carried out via the e-shop and other means of remote communication, in particular via e-mail. The Customer agrees to the use of remote means of communication when concluding the Contract. The costs of the means of distance communication incurred by the Customer in concluding the Contract shall be borne by the Customer.
- The purchase of goods on the e-shop is made without prior registration.
- When ordering goods, the Customer is obliged to provide all information correctly and truthfully. The information provided by the Customer when ordering goods is considered correct by the NHI.
- The NHI offers for sale goods presented on the e-shop, each item contains detailed information about the goods and the price of the goods.
- NHI is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1820(1)(n) of the Civil Code.
- If the NHI is unable to confirm the order for serious reasons (e.g. more goods have been ordered than are available to the NHI, the capacity of the goods has been exhausted, etc.), it will send information about this fact to the Customer and the sale of the selected goods will be made on the basis of an individual agreement with the Customer. In such case, the contract is concluded when the Customer confirms the individual offer of NHI by e-mail.
- In the event that the Contract is concluded, the Customer is obliged to pay the total price.
III. Procedure for purchasing goods on the e-shop
- The Customer undertakes to use the e-shop in accordance with its purpose and to the extent that it does not infringe the rights of other customers of the NHI.
- The Customer purchases goods on the e-shop as follows:
a) Selection of goods
In the offer on the website in the "e-shop" tab, the Customer selects a specific product range from the offer of goods, detailed information about the goods is available to the Customer via the "Detail" button. The Customer makes the selection of specific goods by confirming the "Buy" button, which will place the selected goods in the basket. If the Customer wishes to continue selecting the goods, the Customer shall continue by clicking on the "Continue shopping" button.
b) Viewing the basket
In the event that the Customer completes the purchase, the "View Cart" button provides a preview of the contents of the cart, which, in addition to the goods that the Customer has chosen to purchase, also contains information about the final price of the goods without additional costs. The Customer also has the repeated opportunity to familiarize himself with the applicable GTC, through the link provided below the information on the price of the goods. The Customer can return to the entire offer of the e-shop and continue the purchase by clicking on the "Back to product overview" button. If the Customer has finished selecting the goods, he/she continues using the "Continue" button to complete the order of the selected goods.
c) Order
The Customer completes the order form, namely:
- Billing address
- Contact details - email, phone
- Delivery method
- Payment method
- Note
The data that the Customer is required to fill in for the completeness of the order are marked with an asterisk. Below the order form, the price of the order is indicated, which determines the total and complete payment of the price by the Customer. This includes, in addition to the price of the goods selected by the Customer, other costs according to the method of delivery and the method of payment of the price as chosen by the Customer. Before finalizing the order, the Customer is obliged to confirm that he/she has read the text of these GTC by ticking the box, otherwise the order cannot be placed. The Customer completes the order by selecting the "Order binding payment" button, by this step the Customer's order becomes binding.
d) Order confirmation
After the Customer has ordered the selected goods, the Customer's order will be confirmed on the website (e-shop), together with the information that a recapitulation of the order has been sent to the Customer's e-mail address entered in the order form. This is also provided on the e-shop website, with information on the price of the order, billing address, delivery address, payment and delivery.
e) E-mail about the completed order – automatically generated message
An automatically generated email is subsequently sent to the Customer about the completed order containing the order number, order information and other information provided by the Customer in the order. This is an informative email only, recapitulating the Customer's order, the delivery of which does not create a Contract between NHI and the Customer.
f) Order Confirmation – Confirmation Email
The Customer will receive, usually within 1-2 working days after the order has been placed, an e-mail confirmation together with the text of these GTC in the form of an attachment to the e-mail address provided in the order. The GTC as in force on the date of the order, i.e. as attached as an attachment to the Confirmation Email, form an integral part of the Agreement. Upon delivery of the Confirmation Email, the Contract is concluded between the NHI and the Customer. - The selection of goods on the e-shop can also be made via a filter. In this way, you can set up a search for goods by (i) year of publication, (ii) publisher, (iii) availability and (iv) type of book, in all main categories of goods on the e-shop. Within the "Books" and "Magazines" categories, specific goods can also be searched for by other filters (e.g. focus by location, target group, topic, etc.).
- In the case of a request for delivery of goods abroad, the Customer shall indicate in the order in the delivery method the item "Delivery abroad".
IV. Price and payment terms
- The price of the goods listed in the e-shop is the final price of the goods for the Customer, but not the final price of the order; VAT will be added to the price of the goods in accordance with applicable legislation, unless the goods are exempt from VAT.
- Additional costs will be added to the price of the goods selected by the Customer, namely the cost of delivery and payment of the purchase price (hereinafter referred to as "Additional Costs"), if payment is associated with this service in connection with the purchase made by the Customer. The cost of packing the goods is included in the delivery costs in a lump sum. The Customer chooses the method of delivery and the method of payment for the goods in the order. The specific figure for Additional Costs will be included in the order summary in the e-shop, in the automatically generated order confirmation email sent to the Customer after the order has been placed and in the Confirmation Email. The price of the Goods and the Additional Costs specified in the Customer's order form the total price of the order ("Total Order Price").
- In the case of an order with delivery abroad, the Additional Costs will be determined individually; the amount of the required Additional Costs will be communicated to the Customer by the NHI by e-mail after the completion of the order. The Contract shall be formed by the delivery of a confirmation email from the Customer to NHI stating that they agree to the Total Order Price.
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The Customer is obliged to pay the Total Order Price at the latest before delivery of the goods. Payment of the Total Order Price can be made in the following ways:
a) Bank transfer – information for payment including invoice will be sent to the Customer by e-mail after sending the Confirmation e-mail. The total price of the order is payable by the date stated on the invoice.
b) By credit card (online) - in this case, payment is made immediately after the order is placed, via the payment gateway https://portal.gpwebpay.com, and payment is subject to the terms and conditions of this payment gateway. The total price of the order is payable immediately after the order is sent (according to Article III, paragraph 2, letter c) of the GTC); if payment is not made immediately, the order is automatically cancelled and the contract does not come into existence.
c) Cash on delivery - in this case, payment will be made when the goods are handed over to the Customer. The total price of the order is payable upon receipt of the goods by the Customer.
d) By cash or credit card on personal collection - in this way the Total Order Price can be paid in case of collection at the NHI bookstore at the address specified in Article I, paragraph 7 of these GTC, the Total Order Price is payable upon receipt of the goods by the Customer. -
In the case of an order delivered abroad, the NHI will provide the Customer with payment details by e-mail after the order is completed. In this case, the total price of the order can be paid in the following ways:
(a) by bank transfer
b) by credit card - In case of payment by bank transfer, the invoice for the goods will be issued in electronic form and sent to the Customer's e-mail address by e-mail following the Confirmation e-mail; the invoice will also be attached to the goods. Furthermore, the invoice is always forwarded to the Customer in paper form together with the goods.
- The ownership of the goods passes to the Customer upon receipt of the goods. In the case of payment by bank transfer, the total price of the order is paid by crediting it to the account of NHI, in other cases it is paid at the time of payment.
V. Delivery of goods
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The goods will be delivered to the Customer no later than 30 days from the date of payment of the Total Order Price in the manner chosen by the Customer in the order, namely:
(a) personal collection at the bookstore of NHI at the address specified in Article I, paragraph 7 of these GTC;
b) delivery by a parcel carrier. - The delivery time always depends on the availability of the goods and the chosen method of delivery and payment. The estimated delivery time will be communicated to the Customer in the order confirmation. In case of personal collection, the Customer will be informed about the possibility of collecting the goods by e-mail.
- Goods can be delivered within the Czech Republic and abroad.
- For orders to foreign countries, the NHI will arrange delivery of the goods by a delivery company of its choice, delivery by cash on delivery is not possible.
- Upon receipt of the goods from the carrier or after personal receipt, the Customer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier and the NSA. In the event that there is a defect in the packaging that indicates tampering and entry into the shipment, the Customer is not obliged to accept the goods from the carrier.
- In the event that the Customer breaches its obligation to take delivery of the Goods, except for a refusal under the preceding paragraph, this shall not result in a breach of the obligation of NHI to deliver the Goods, nor shall it constitute a withdrawal from the Contract by the Customer.
- If, for reasons arising on the Customer's side (e.g. in the case of its return due to non-collection of the delivered goods by the carrier), the goods are delivered repeatedly or in a different manner than agreed in the Contract, the Customer is obliged to reimburse the NHI for the costs associated with such repeated delivery. The payment details for payment of these costs shall be sent by NSA to the Customer's e-mail address specified in the Contract without undue delay. The additional costs are payable within 14 days of receipt of the email, and the goods will only be redelivered to the Customer after payment.
- The risk of damage to the goods passes to the Customer at the moment of acceptance. In the event that the Customer does not take delivery of the goods (except as provided in paragraph 5 of this Article), the risk of damage to the goods shall pass to the Customer at the time when the Customer had the opportunity to take delivery of the goods, but for reasons on his/her side, the delivery did not take place. The transfer of the risk of damage to the goods means that from that moment the Customer shall bear all consequences related to the loss, destruction, damage or any deterioration of the goods.
- Goods that are listed as out of stock on the e-shop cannot be ordered.
- Failure of the Customer to accept delivery of the goods (including personal acceptance) shall not constitute a withdrawal from the Contract, but shall give the NHI the right to withdraw from the Contract due to a material breach of the Contract by the Customer. If NHI decides to withdraw from the Contract, the withdrawal shall be effective on the date on which the Customer receives the withdrawal. Withdrawal from the Contract does not affect the right to payment of the transport price or the right to compensation for damages, if any.
VI. Defects of goods, claims
- The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 2099 to § 2117 and § 2161 to § 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- In the event that the goods are defective, the Customer is entitled to exercise the rights arising from the defective performance (claim the goods) by sending an e-mail or letter to the address specified in Article I, paragraph 7, or in person at the same address or by data message. In exercising the right of defective performance, the Customer chooses how he wants to resolve the defect, which cannot be subsequently changed without the consent of the NHI.
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When making a claim, the NHI will issue a written confirmation to the Customer stating:
- the date of the claim;
- the content of the claim;
- the method of settlement of the claim requested by the Customer;
- the Customer's contact details for the purpose of providing information on the handling of the complaint. - The NHI shall settle the complaint within 30 days from the date of receipt, unless a longer period is agreed individually with the Customer. The NHI shall inform the Customer of the settlement of the complaint before the expiry of the period for settlement of the complaint in the manner agreed upon and using the contact details provided by the Customer. If the NHI does not settle the complaint within the specified time, the Customer may withdraw from the Contract or demand a reasonable discount.
- NHI will issue the Customer with a confirmation of the date and manner in which the complaint was settled. If the complaint is justified, the Customer shall be entitled to reimbursement of reasonable costs incurred, which the Customer shall be obliged to prove to the NHI (e.g. receipts or receipts for the cost of transport). In the event that the complaint is settled by delivery of new goods, the Customer shall return the original goods to NHI at NHI's expense.
- The customer has the right to exercise the rights arising from defective performance without undue delay after receipt of the goods, at the latest within 2 years from the date of receipt. If the defect of the goods becomes apparent within one year from the date of receipt, the goods shall be deemed to have been defective upon receipt.
- The NHI does not provide a quality guarantee.
VII. Withdrawal from the contract
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The Customer may withdraw from the Contract under the terms and conditions set out in these GTC, withdrawal from the Contract will terminate the contractual relationship between the NHI and the Customer from its inception. It is not possible to withdraw from the Contract, the subject of which is
- the supply of an audio or video recording in sealed packaging if the consumer has breached it;
- the supply of newspapers, periodicals or magazines;
- the supply of digital content which is not delivered in a tangible medium after performance has begun. - In the event that the Customer is a consumer (i.e. a person purchasing goods outside the scope of his business activities), he has the right to withdraw from the Contract without giving any reason within 14 days from the date of receipt of the goods subject to purchase, in accordance with the provisions of Section 1829 of the Civil Code. In the event that the subject of the purchase is several pieces of goods, this period begins only on the date of delivery of the last piece of goods. The withdrawal period shall be deemed to have been observed if the Customer sends a notice of withdrawal from the Contract during the withdrawal period. The Customer's right to withdraw from the Contract expires upon the expiry of this period.
- The Customer may withdraw from the Contract by any unequivocal statement made to the NHI (in particular by sending an e-mail or letter to the address specified in Article I, paragraph 7 of these GTC or in person or by data message). The Customer may also use the sample form for withdrawal, which is attached to No. 1 of the GTC. The NHI shall confirm the Customer's receipt of the withdrawal in text form by e-mail to the Customer's e-mail address without undue delay after delivery.
- In the event of withdrawal from the Contract, the Customer is obliged to send the purchased goods to the NHI within 14 days of withdrawal and bears the costs associated with the return of the goods. NHI will refund the Customer the Total Order Price (including shipping costs), but only in the amount corresponding to the cheapest delivery method offered by NHI to the Customer.
- In the event of withdrawal from the Contract, NHI shall refund the Total Order Price according to these GTC to the Customer within 14 days from the date of return of the goods to NHI. The NHI shall refund the Total Order Price in accordance with these GTC in the same manner in which it was received from the Customer (i.e. in cash, by bank transfer, etc.) or in another manner, provided that the Customer agrees and does not incur additional costs.
- The goods must be returned to the NHI undamaged and unworn and, if possible, in their original packaging. In the event of withdrawal from the Contract, the Customer shall be liable for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to acquaint the Customer with the nature, characteristics and functionality of the Goods. In the event that the Total Order Price has not yet been refunded to the Customer, this claim for costs shall be set off against the Customer's claim for a refund of the Total Order Price.
- The NHI is entitled to withdraw from the Contract at any time before delivering the goods to the Customer if there are objective reasons why the goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the goods). The NHI may also withdraw from the Contract if the Customer has obviously or deliberately provided false information in the order and if the Customer fails to pay for the ordered goods even after a prior notice from the NHI sent after the due date of the Total Order Price. In the event that the Customer purchases goods in the course of its business activities, the NHI is entitled to withdraw from the Contract at any time, even without giving any reason.
VIII. Privacy Policy, Copyright of Goods
- When concluding the Contract, the Customer provides personal data to the NHI, the provision and processing of the Customer's personal data is necessary for the performance of the Contract concluded between the Customer and the NHI.
- By providing personal data, the Customer agrees to the processing and storage of personal data in the manner and for the purposes according to the applicable legal regulations for the protection of personal data. Further information on the protection of personal data is available on the website of the NHI in the section Personal Data Protection - https://www.npu.cz/ochrana-osobnich-udaju.
- The Customer acknowledges that the software and other components of the e-shop (including photographs of the goods offered) are protected by copyright. The Customer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the e-shop.
IX. Delivery
- Unless otherwise agreed, all correspondence relating to the Contract must be delivered to the other Party in writing, by electronic mail, to the electronic mail address. The Customer's electronic mail address is the e-mail address specified by the Customer in the order (Article III, paragraph 2, letter c) of the GTC), the electronic address of the NHI is the e-mail address specified in Article I, paragraph 7 of the GTC.
- A message is delivered by e-mail when it is received by the incoming mail server.
X. Common and final provisions
- The Customer agrees that the wording of the GTC may be unilaterally changed or amended by the NHI. The current version of the GTC is published on the website of the NHI in the E-shop section - https://www.npu.cz/en/shop/terms-and-conditions. The new GTC are binding and effective from the date of publication, unless a later date is specified in the GTC. The amendment of the GTC does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
- If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- If the relationship related to the use of the website or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship between the Customer and the NHI is governed by Czech law.
- In the event that a consumer dispute arises between the NHI and the Customer, who is a consumer, in connection with the purchase of goods on the e-shop, which cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail:adr@coi.cz , website: http://adr.coi.cz. The customer may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
- The customer acknowledges that the NHI is not responsible for errors resulting from third party intervention in the website (e-shop) or from the use of the website in contradiction to its intended use.
- The Customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
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These GTC shall come into force on 29 October 2024.
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