COMMERCIAL TERMS AND CONDITIONS

Charles University

Centre for Information, Counselling and Social Services

registered address Ovocný trh 560/5, 116 36 Prague 1

company ID no.: 00216208

tax ID no.: CZ00216208

bank account no.: 909909339/0800

These Commercial Terms and Conditions apply to purchases made through the e-shop of Charles University at

http://shop.cuni.cz

 

 

 

  1. OPENING PROVISIONS

These Commercial Terms and Conditions (“Terms and Conditions”) of Charles University in Prague, registered address Ovocný trh 560/5, 116 36 Prague 1, company ID no.: 00216208 (the “Supplier”), govern the mutual rights and obligations of the contractual parties as derive in connection with or on the basis of a purchase contract (“contract”) agreed between the Supplier and another physical person or legal entity (“User”) through the Supplier’s e-shop. The e-shop is operated by the Supplier a the Web address http://shop.cuni.cz, through an online interface (the “e-shop interface”).

    1. The provisions contained in the Terms and Conditions form an integral part of the Contract. Contracts and the Terms and Conditions are made out in both Czech and English. The relevant contract can be made out in both Czech and English.

    2. The wording of the Terms and Conditions may be altered or supplemented by the Supplier. This provision does not affect the rights and obligations as arise during the validity period of the preceding wording of the Terms and Conditions.

 

  1. USER ACCOUNT

    1. The User may access their user interface on the basis of registration on the e-shop website. The User can order goods and services through the user interface (the “user account”).

    2. When registering on the website or ordering goods or services, the User is obliged to ensure that all data given is complete and true. The User is obliged to update data listed on their user account any time this data changes. The Supplier shall consider data stated by the User on their user account and when ordering goods or services to be correct.

    3. Should the User provide data relating to a legal entity (company name, company ID number and tax number), the Supplier shall confirm actions performed by the User to be actions performed on behalf of that legal entity and shall regard that legal entity as the user pursuant to these Terms and Conditions.

    4. Access to a user account is gained by means of an e-mail address and password. The User is obliged to maintain the confidentiality of information that is directly connected to the accessing of their use account and is aware that the Supplier does not bear liability for the breach of this obligation by the User.

    5. The User is not authorised to grant third parties access to their user account.

    6. The Supplier is permitted to delete a user account, particularly in the event that the User does not use their user account for a period exceeding one year, or in the event that the User is in breach of their obligations as derive from an agreed contract (including the Commercial Terms and Conditions).

    7. The User is aware that their user account may not be accessible continuously, particularly with regard to necessary maintenance of the Supplier’s hardware and software.

 

  1. AGREEMENT OF THE PURCHASE CONTRACT

    1. The shop’s online interface contains a list of the goods and services offered by the Supplier, including the prices of individual goods and services. The prices of services offered include all licence fees and any licensing bonuses, and are inclusive of value-added tax. The range of goods and services offered, and the prices of these, remain valid during the period in which they are displayed on the shop’s online interface. This provision does not restrict the possibility of the Supplier to agree a relevant, specific contract with individually negotiated conditions. All offers for the sale of goods and services as displayed on the shop’s online interface are non-binding and the Supplier is not obliged to agree the relevant contract with regard to them.

    2. The shop’s online interface also contains information on costs associated with the packaging and delivery of goods and services.

    3. To order goods or services, the User must fill in an order form on the shop’s online interface. The order form must chiefly contain information on:

      3.3.1. the goods or service being ordered (the User ‘places’ the goods or service ordered into an electronic shopping basket on the shop’s online interface),

      3.3.2. the means of payment of the price of the goods or services, desired means of delivery of the goods and services ordered and

      3.3.3. information on the costs associated with the delivery of the goods and services (“order”).

    4. Before sending an order to the Supplier, the User is given the option of checking and amending data entered into the order form for the purpose of finding and remedying errors that have occurred in the process of entering data. The User sends the order to the Supplier by clicking on the “AGREE, SEND” button. Data stated in the order form are deemed to be correct by the Supplier. Immediately after receiving an order, the Supplier confirms such receipt to the User by e-mail to the e-mail address stated by the user in the user interface or order form (“the User’s e-mail address”).

    5. The Supplier is at all times authorised to request that the User provide additional confirmation of the order (e.g. in writing or by telephone) in connection with the nature of the order (quantity of goods, volume of services, price, anticipated transport costs).

    6. The relevant contractual relationship between the Supplier and the User is created on delivery of confirmation of receipt of the order (acceptance) sent by the User to the Supplier by e-mail to the Supplier’s e-mail address.

    7. The User is aware that the Supplier is not obliged to close the relevant contract, particularly with persons or entities who have previously been in substantial breach of their obligations with respect to the Supplier.

    8. The User consents to the closing of the relevant remote trade contract pursuant to the relevant private-law regulations. Costs incurred by the User while using remote means of communication in connection with the closing of the relevant contract Internet connection costs, telephone charges) are to be met by the User themselves.7

    9. Unless stated otherwise for a specific service, the Supplier is authorised to start provision of a service before the expiry of the deadlines for withdrawing from the contract.

 

  1. PRICE OF GOODS AND SERVICES, CONDITIONS OF PAYMENT

    1. The User can pay the Supplier for the price of goods and services and any costs associated with the delivery of goods or the provision of services pursuant to the relevant contract using the following methods:

  1. cashfree by transfer to the Supplier’s bank account at account no. 0909909339/0800 (account number in IBAN format: CZ09 0800 0000 0009 0990 9339, SWIFT: GIBA CZ PX), maintained by Česká spořitelna (the “Supplier’s account”);

  2. cashfree by means of payment card;

The User can also pay the Supplier for the price of goods and any costs associated with the delivery of goods pursuant to the purchase agreement using the following methods:

  1. in cash (CZK) at the Supplier’s premises at Celetná 14, 116 36 Prague 1

  2. by cash on delivery at the place determined by the User in the order form.

    1. Together with the price, the User is also obliged to pay the Supplier for costs associated with the packaging and delivery of goods or the provision of services to the agreed volume. Unless explicitly stated otherwise, the price shall in future be understood to include the costs associated with the delivery of goods or provision of services.

    2. When paying in cash (CZK) or by cash on delivery, the price must be paid on receipt.

      In the case of cashfree payment, the price is payable within 14 days of closure of the relevant contract.

    3. In the case of cashfree payment, the User is obliged to give the relevant variable symbol for payment when paying for goods and services. When paying cashfree, the obligation of the User to pay the price of goods and services is deemed to have been met at the moment at which the relevant amount is credited to the Supplier’s account.

    4. The Supplier is authorised to request payment of the full price prior to the dispatching of goods or provision of a service to the User.

    5. Any discounts on the price of goods or services provided by the Supplier cannot be combined without the express prior consent of the Supplier.

    6. If customary in commerce or stipulated by generally binding statutory regulations, the Supplier shall issue to the User a tax document (invoice) with regard to payments made on the basis of the relevant contract. The Supplier is a payer of value-added tax. A tax document (invoice) is issued to the User by the Supplier following payment of the price of goods or services. This document shall be sent to the User’s e-mail address.

 

  1. WITHDRAWAL FROM THE CONTRACT

    1. The User is aware that, pursuant to the provisions contained in § 1837 of Act no. 89/2012 Coll., Civil Code, as amended (the “Civil Code”), among other things it is not possible to withdraw from a purchase agreement for the supply of goods, modified according to the wishes of the User, that are subject to rapid spoiling, as well as goods that have been irrevocably mixed with other goods following delivery, or from purchase agreements for the delivery of sound or pictorial recordings and computer programmes, if the User has opened the original packaging and from purchase agreements for the delivery of newspapers, periodicals and magazines, as well as from contracts for the provision of services if they have been fulfilled, with the express prior consent of the User, before expiry of the period from withdrawal from the contract and, prior to closing the contract, the Supplier has informed the User that in such an event, the User has no right of withdrawal from the contract, and further from contracts for the supply of digital content if this has not been supplied on a physical carrier and when it has been fulfilled, with the express prior consent of the User, before expiry of the period from withdrawal from the contract and, prior to closing the contract, the Supplier has informed the User that in such an event, the User has no right of withdrawal from the contract.

    2. If it is not a case as outlined in art. 5.1 of the Terms and Conditions or other case in which it is not possible to withdraw from the contract, the User has, in accordance with § 1829 et subseq. of the Civil Code, the right to withdraw from the contract within fourteen (14) days of the receipt of goods by the User or a person appointed by them. In order to observe the period for withdrawal from the contract, it is sufficient to send notice of withdrawal from the relevant contract prior to the expiry of the relevant deadline. Notice of withdrawal from a contract can be sent to, inter alia, the address of the Supplier’s premises at: UK Point, Univerzita Karlova, Celetná 14, 116 36 Praha 1, or to the Supplier’s e-mail address at: point@cuni.cz. The User must state the following information when withdrawing from a contract:

  • Addressee: Informační, sociální a poradenské centrum, Univerzita Karlova, Celetná 13, 116 36 Praha 1, e-mail address: point@cuni.cz

  • I hereby declare my withdrawal from the contract for the purchase of these goods (*) / for the provision of these services (*)

  • Order date (*) / date of receipt (*)

  • User name and surname

  • User address

  • User signature (only if notification is sent in paper form)

  • Date

(*) Delete or add information as appropriate

 

    1. In the event of withdrawal from the contract pursuant to art. 5.2 of the Terms and Conditions, the contract shall be declared void ab initio. Goods must be returned to the Supplier within 14 days of the sending of notice to withdraw from the contract. The deadline is deemed to have been met if goods are returned to the Supplier before the 14-day period has expired. Goods must be returned to the Supplier in an undamaged, unworn state, and in their original packaging. If the nature of goods means that they cannot be returned by the normal postal route, the costs of returning goods are borne by the User.

    2. In the event of withdrawal from the contract pursuant to art. 5.2 of the Terms and Conditions, payments furnished by the User to the Supplier shall be returned within fourteen (14) days of withdrawal from the contract (in the case of a purchase agreement for goods, this period shall extend from the receipt of returned goods by the Supplier, or demonstration of the fact that the User has returned the goods to the Supplier, whichever occurs first). Payments shall be returned cashfree to a bank account determined by the Supplier. The Supplier is also authorised to return payment provided by the User when the User returns goods.

    3. The User is aware that, should goods returned by the User be damaged, used, partially worn, or their value otherwise reduced as a consequence of handling those goods in a manner that is at odds with that which is necessary to become acquainted with the nature and properties of the goods, as well as their functionality, the Supplier shall become entitled to compensation for the damage thus caused to it. The Supplier is entitled to unilaterally settle their claim for compensation for damage caused against the User’s claim for reimbursement of the purchase price or part thereof. In the case of withdrawal from a purchase contract for a service whose provision has already started, but not yet been completed in its entirety, the User is obliged to furnish payment of the pro-rata sum for services already provided and, in the event of withdrawal, they shall be entitled only to the return of the remaining part of the price for that service.

    4. The Supplier is entitled to withdraw from a contract at any time up until the time of acceptance of goods by the User, as well as until the time of the provision of a service to the User. In such an event that Supplier shall return to the User the price of the subject of the contract without undue delay. This shall be on a cashfree basis to the User’s account.

 

  1. TRANSPORTATION AND DELIVERY OF GOODS

    1. The means of delivering goods is determined by the Supplier, unless otherwise stipulated in the purchase agreement. In the event that the means of transport is agreed based on the wishes of the User, the User shall bear the risk and any additional costs associated with this means of transport.

    2. If the Supplier is obliged, in accordance with the purchase agreement, to deliver goods to a place specified by the User in the order form, the User is obliged to accept goods upon delivery. Should the User fail to accept goods upon delivery, the Supplier is entitled to withdraw from the purchase agreement.

    3. In the event it is necessary, for reasons on the part of the User, to deliver goods repeatedly or by means other than those specified in the order form, then the User is obliged to meet the costs of repeated delivery or different means of delivery.

    4. When accepting goods from the carrier, the User is obliged to check to ensure that the packaging of goods has not been disrupted and, in the event of finding defects, immediately report these to the carrier. In the event that it is found that packaging has been disrupted in such a way that indicates unauthorised accessing of the package, the User is not obliged to accept the shipment from the carrier. In signing the bill of delivery the User confirms that the packaging of a shipment containing the goods has not been disrupted.

 

  1. RESPONSIBILITY FOR DEFECTS, WARRANTIES

    1. The rights and obligations of the contractual parties with regard to the responsibility of the Supplier for defects, including the warranty responsibility of the Supplier, are governed by the relevant, generally binding statutory regulations, and chiefly the relevant provisions of the Civil Code. The Supplier shall provide a warranty of 24 months for consumer goods, and 6 months for ordered services.

    2. The Supplier shall be liable to the User for sold goods or services provided that they are in accordance with the agreed contract, and chiefly that they are free of defects. Accordance with the agreed contract means that the goods or service delivered is to the quality and design agreed in the contract, and if this is not the case, then as described by the Supplier, manufacturer or User, and further that they meet the requirements laid down in statutory regulations, and in the corresponding quantity.

    3. In the event that, on receipt by the User, goods are not in accordance with the agreed contract (“in breach of contract”), the User is entitled to elimination of the defect through the supply of new goods or the delivery of absent goods, or the resupply of goods that are free of defect, an appropriate discount or withdrawal from the contract, according to the wishes of the User. The User shall inform the Supplier which of the above they have chosen when reporting the defect, or immediately afterwards. The User may not change their choice of option without the consent of the Supplier. If the Supplier fails to eliminate the defect within an appropriate period, or if they announce to User that they will not eliminate the defect, the User may request, instead of elimination of the defect, an appropriate discount or withdrawal from the contract. Should the User fail to select an option in time, the subsequent procedure shall be governed in accordance with the relevant statutory provisions.

    4. If goods are such that they do not quickly spoil or if they are used goods, the Supplier shall bear responsibility for defects that manifest themselves as breaches of contract following the acceptance of goods within the warranty period (warranty) pursuant to art. 7.1 of these Terms and Conditions.

      The Supplier shall bear responsibility for defects that manifest themselves as breaches of contract for the provision of services following the provision of services within the warranty period (warranty) pursuant to art. 7.1 of these Terms and Conditions.

    5. The absence of any properties, standard or quality that exceed those expressly described in art. 7.2 are not considered defects causing a breach of contract.

    6. The rights of the User as derive from the responsibility of the Supplier for defects, including the Supplier’s warranty responsibility, must be asserted by the User at the address of the Supplier’s premises, which is UK Point, Univerzita Karlova, Celetná 14, 116 36 Praha 1, or at the Supplier’s e-mail address, which is: point@cuni.cz. The moment of the assertion of a claim is the moment at which the Supplier receives from the User goods that are the subject of a claim or notification of a defect in a service provided.

 

  1. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

    1. The User acquires ownership rights to goods and is entitled to use a service following payment of the full price of the goods or service. Unless otherwise stipulated by valid regulations or an agreed service provision contract, the user is authorised, as part of a service that is provided and has been properly paid for, to the non-exclusive, geographically unlimited, non-transferable right to exercise the right to use the part of the service that has the nature of a copyrighted work, and this exclusively for the internal (personal) needs of the user and solely for the period and to the extent as derive from the purpose of the contract. Unless otherwise stipulated by valid regulations, the User is, in particular, not authorised to reproduce, translate, process, alter or otherwise change, disseminate, lend, lease, exhibit or display the work to the public, nor to circumvent technical device used to protect copyright or perform retro-engineering on the work.

    2. The User is aware that the programming and other components that make up the online interface of the e-shop (including photographs of goods offered) are protected by copyright law. The User undertakes to not perform any activity that might make it possible for them or third parties gain unauthorised access to the programming or other components constituting the online interface of the e-shop, or use this in an unauthorised manner.

    3. When using the online e-shop interface, the User is not authorised to use mechanisms, programming or other procedures that could have a negative influence on the operation of the online interface of the e-shop or website concerning goods and services. The online interface of the e-shop and the website may be used only to the extent that the rights of other customers of the Supplier are not interfered with, and which is in accordance with its purpose.

    4. The Supplier is not, in relation to the User, bound by any codes of conduct pursuant to § 1826 para. 1 e) of the Civil Code. The Supplier does not provide any services following the sale of goods or the provision of ordered services, with the exception of services explicitly specified for individual goods or services by the Supplier on the website.

    5. The User is aware that the Supplier bears no liability for errors that come about as a consequence of the intrusion of third parties on the website or as a consequence of the use of the website in a manner that is at odds with its purpose.

 

  1. PERSONAL DATA PROTECTION

    1. The protection of the personal data of users who are physical persons is governed by Act no. 101/2000 Coll., on the protection of personal data, as amended (the “Data Protection Act”).

    2. The User shall provide the Supplier with personal data on the basis of consent to the processing of personal data, which constitutes an integral part of each individual contract.

 

  1. DISSEMINATION OF COMMERCIAL MESSAGES AND STORING OF COOKIES

    1. The User consents to the dissemination of information concerning goods, services or activities of the Supplier to the User’s e-mail address. The User further consents to the dissemination of commercial messages to the User’s e-mail address. The User may withdraw this consent at any time.

    2. The User consents to the storing of what are known as cookies on their computer. In the event that it is possible to place an order on the website and meet the obligations of the Supplier without necessitating the storing of cookies on their computer, the User can withdraw their consent, pursuant to the previous clause, at any time.

 

  1. DELIVERY

    1. Unless agreed otherwise, all correspondence related to the relevant contract must be delivered to the other contractual party in writing via e-mail, personally or by registered post through a postal services operator (according to the choice of the sender). The User shall receive e-mail primarily to the e-mail address stated in their user account

 

  1. CLOSING PROVISIONS

    1. In the event that the relationship connected to use of the website or the legal relationship based on the relevant contract contains an international element, the contractual parties hereby agree that the relationship shall be governed by Czech law. This does not affect the rights of the User as derive from generally binding statutory regulations.

    2. The Supplier is authorised to sell and provide goods and services on the basis of a Czech business licence (živnostenské oprávnění). The activities of the Supplier are not subject to anz other permits. In the event of anz complaints, the User may consult the Supplier using the Supplier’s contact data. In the event that User is unsuccessful in complaining to the Supplier, any disputes shall be resolved by the local, materially relevant court. Trade licensing inspections shall be performed by the relevant trade licensing office. The User may also consult the Czech Trade Inspection Authority with any complaints.

    3. The contractual relationship between the User and the Supplier is agreed for a period limited by the proper fulfilment of the contractual parties in accordance with the relevant contract. Unless otherwise specified in specific cases by the agreed contract or these Terms and Conditions, the contractual parties are not authorised to cancel the contract prior to its proper fulfilment.

    4. Should any of the provisions contained in the Terms and Conditions be or become invalid or unenforceable, it shall be replaced by a provision whose meaning most closely approaches that of the invalid or unenforceable provision. The invalidity or unenforceability of one provision does not affect the validity of the remaining provisions. Any amendments or supplements to the relevant contract or the Terms and Conditions must be made in writing.

    5. The contract, including the Terms and Conditions, shall be archived by the Supplier in electronic form and shall not be accessible, with the exception of the meeting of the obligations of the Supplier, as laid down in valid legislation.

    6. Contact data of the Supplier: delivery address: UK Point, Univerzita Karlova, Celetná 14, 116 36 Praha 1, e-mail address: point@cuni.cz, telephone number: 224 491 841

    7. A copy of the contract shall be stored by the Supplier. The User shall be granted access to this copy on request.

    8. The provisions contained in generally binding statutory regulations governing the rights of consumers, and in particular in the Civil Code and Act no. 634/1992 Coll., on consumer protection, as amended, remain unaffected by these Terms and Conditions.