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General Terms and Conditions

  1. INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") of the Roman Catholic Parish of Kutná Hora - Sedlec, ID No.: 46402101, VAT No.: CZ46402101, with its registered office at Zámecká 127, Kutná Hora - Sedlec, registered in the Register of Registered Churches and Religious Societies, maintained by the Ministry of Culture of the Czech Republic pursuant to Act No. 3/2002 Coll, on Churches and Religious Societies, as amended (hereinafter referred to as "ŘKF" or "Seller"); the Civil Code, regulate, in accordance with the provisions of Section 1751(1) of the Act No. 89/2012 Coll., the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Contract") concluded between the Seller, on the one hand, and a natural or legal person, as a buyer (hereinafter referred to as the "Buyer"), on the other hand.

The subject matter of the Contract is the sale of goods through an online shop (hereinafter referred to as "e-shop") on the website https://eshop.sedlec.info, operated by the Seller.

1.2 The Buyer is a consumer or a business. In accordance with Section 419 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), a consumer is any person (natural person) who, outside the scope of their business activities or outside the scope of their independent exercise of their profession, enters into a Contract with the Seller or otherwise deals with the Seller. In accordance with Section 420, Paragraph 1 of the Civil Code, an entrepreneur (natural or legal person) is an entity which independently carries out, on its own account and responsibility, a gainful activity by way of a trade or similar with the intention of doing so on a continuous basis for profit. Pursuant to Article 420(2) of the Civil Code, any person who concludes contracts relating to his own commercial, manufacturing or similar activity or to the independent exercise of his profession, or a person who acts on behalf of or on behalf of an entrepreneur, is also considered an entrepreneur for the purposes of consumer protection.

1.3 These GTC for the purchase of goods form an integral part of the Contract concluded between the Seller and the Buyer and the Buyer, by purchasing goods on the e-shop, also confirms that he/she has read these GTC for the purchase. The Contract and the GTC are drawn up in the English language.

1.4. Deviating provisions in the Purchase Contract shall prevail over the provisions of the GTC.

1.5. This provision does not affect the rights and obligations arising during the validity of the previous version of the GTC.

1.6 As you know, the Seller primarily communicates remotely. Therefore, the Contract is also subject to the use of means of distance communication that allow the Seller and the Buyer to agree with each other without the simultaneous physical presence of the Seller and the Buyer, and the Contract is thus concluded in a distance manner in the e-shop environment, through the interface of the website (https://eshop.sedlec.info).

 

  1. CERTAIN DEFINITIONS
    2.1. Price is the amount of money the Buyer will pay for the Goods.

    2.2. Shipping Price is the amount of money the Buyer will pay for the delivery of the Goods, including the cost of packing them.

    2.3. Total Price is the sum of the Price and the Shipping Price.

    2.4. An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price.

    2.6. An Order is a binding proposal by the Buyer to enter into a Contract for the purchase of Goods with the Seller.

    2.7. A Buyer is a person shopping on the Seller's e-shop and is referred to by law as the Buyer.

    2.8. Goods are anything you can buy on the e-shop.

 

  1. GENERAL PROVISIONS AND CONDITIONS
    3.1 Purchase of Goods is only possible through the web interface of the e-shop.

    3.2 When purchasing Goods, it is the Buyer's obligation to provide the Seller with all information correctly and truthfully. Therefore, the information provided by the Buyer in the Order shall be deemed by the Seller to be correct and true.

    3.3 On the e-shop, the Seller provides access to reviews of the Goods made by other consumers. The authenticity of such reviews is ensured and controlled by the Seller by linking the reviews to specific Orders, therefore, in the internal system, the Order ID is linked to each review, and thus the Seller is able to verify and prove that the review comes from a real consumer.

 

  1. PŘEDMĚT SMLOVY A JEJÍ UZAVŘENÍ

SUBJECT OF THE CONTRACT AND ITS CONCLUSION
4.1 The subject of the Contract is the Seller's obligation to deliver the Goods to the Buyer in the quantity requested by the Buyer limited by the availability of the Goods and the Buyer's obligation to pay the Total Price for the Goods.

4.2 The E-shop contains information about the Goods and their Prices. The Prices are valid for as long as they are displayed on the Seller's e-shop. The Buyer agrees to the use of so-called remote means of communication when concluding the Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Contract (costs of Internet connection, costs of telephone calls, etc.) shall be borne by the Buyer himself (the Seller does not charge any fees for the use of remote means of communication).

4.3. The Contract may be concluded only in the Czech and English language.

4.4. Acceptance of the Order is stored in the Seller's system as in the case of the Buyer's purchase in person at the Seller's shop.

4.5 In order for the Contract to be concluded, the Buyer must create an Order on the e-shop. This proposal must contain the following information:

  • Information about the Goods to be purchased (on the e-shop, the Buyer indicates the Goods he is interested in purchasing by clicking on the "Add to Cart" button);
  • Information about the Price, the Price for shipping, the method of payment of the Total Price and the desired method of delivery of the Goods; This information will be entered as part of the creation of the Order within the e-shop user interface, and the information on Price, Shipping Price and Total Price will be provided automatically based on the Buyer's chosen Goods, delivery method and payment method;identification and contact details are used to enable the Seller to deliver the Goods, in particular, name, surname, delivery address, telephone number and email address.


4.6. During the creation of the Order, the Buyer may change and check the data until its completion. Pursuant to clause 3.2 of these GTC, the data provided in the Order shall be deemed correct by the Seller. Before pressing the button, the Buyer must confirm that he/she has read and agreed to these GTC, otherwise the Order cannot be completed. The checkbox is used to confirm and agree. After pressing the "Order with payment obligation" button, all completed information will be sent to the Seller.

4.7 Immediately upon receipt of the Order, the Seller shall send the Buyer a confirmation of receipt of the Order to the e-mail address provided by the Buyer when ordering. The Purchase Contract between the Seller and the Buyer is concluded upon confirmation of the Order by the Seller. The order confirmation notice is sent to the Buyer's email address. The GTC in the version effective on the date of the Order, i.e. in the version attached as an attachment to the confirmation email, shall form an integral part of the Contract.

4.8. The Seller shall always be entitled, depending on the nature of the Order, to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

4.9. The Seller undertakes to deliver the Goods to the Buyer at the Buyer's address without undue delay after successful receipt of payment of the Total Price for the Goods. The Buyer shall not be entitled to delivery of the Goods until the Total Price for the Goods has been paid in full.

4.10. The Buyer may not cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephoning the telephone number or email of the Seller set out in these GTC. In the case of an accepted order for which payment is agreed in advance, the Seller is entitled to cancel the order if payment is not credited within 3 days.

4.11. In the event that there is an obvious technical error on the part of the Seller in the indication of the Price of the Goods in the e-shop or during the ordering process, the Seller is not obliged to deliver the Goods to the Buyer for this obviously erroneous Price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these GTC. The Seller shall inform the Buyer of the error without undue delay and send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by the Buyer's confirmation of receipt to the Seller's email address.

 

  1. PRICE OF GOODS AND PAYMENT TERMS

5.1 The Buyer may pay the total price for the Goods under the Contract to the Seller by cashless payment card through the GP webpay payment gateway or by cashless transfer to the bank account specified in the order.

5.2 Acceptance of payment cards is provided through GlobalPayments s.r.o., a company operating in the Czech Republic with its registered office at V Olšinách 626/80, Strašnice, 100 00 Prague 10, Czech Republic, ID No.: 042 35 452, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 244453. GlobalPayments s.r.o. is registered as a payment institution in the list of providers maintained by the Czech National Bank, authorised to provide payment services in accordance with Act No. 370/2017 Coll., on Payment Services, as amended. GlobalPayments s.r.o. is supervised by the Czech National Bank in the provision of payment services. The services are provided on the basis of the "General Terms and Conditions of GlobalPayments s.r.o." https://www.globalpayments.cz/cs-cz/kontakty.

5.3 In case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.

5.4 In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.

5.5 The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the Purchase Price prior to shipment of the Goods shall not constitute a deposit.

5.6 The Goods shall be delivered to the Buyer:

  1.  to the address specified by the Buyer in the order
  2.  by personal collection at the Seller's premises in the Information Centre Kutná Hora - Sedlec, Zámecká 279, 284 03 Kutná Hora - Sedlec during opening hours.

5.7 The choice of delivery method is made when ordering the Goods. When ordering, the Seller shall select from the following delivery methods:

  1. personal collection at the Seller's premises (GTC point 5.6.)
  2. to any other address specified by the Buyer, so that it is accessible to the carrier and in the Czech Republic. The Seller reserves the right to unilaterally change the carrier due to the size, weight or type of shipment, or due to contractual conditions or restrictive conditions of carriers. The Seller shall inform the Buyer of this by information e-mail.

5.8 The cost of delivery of the Goods, depending on the method of dispatch and collection of the Goods, is set out in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of delivery.

5.9. In the event that for reasons on the Buyer's side it is necessary to deliver the Goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the Goods or the costs associated with a different method of delivery.

5.10. In the event that the packaging is found to have been breached indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.

5.11. The Seller shall issue a tax document - invoice to the Buyer. The tax document is attached to the delivered Goods.

5.12. The Buyer acquires title to the Goods by paying the Total Price for the Goods, i.e. the Price including delivery costs, but not before taking delivery of the Goods. Liability for accidental destruction, damage or loss of the Goods shall pass to the Buyer at the moment of acceptance of the Goods or at the moment when the Buyer was obliged to accept the Goods but failed to do so in breach of the Purchase Agreement. The transfer of the risk of damage to the Goods to the Buyer means that from that moment he bears all consequences related to the loss, destruction, damage or any deterioration of the Goods.

5.13. In the event that there is a defect in the packaging that indicates tampering and entry into the shipment, the Buyer is not obliged to accept the Goods from the carrier. The Buyer is obliged to check without undue delay whether the Goods have been delivered in the appropriate quantity, whether they have no obvious visible defects or damage, and to inform the Seller of any differences, defects or damage within 7 days at the latest.

5.14. In the event that the Buyer breaches its obligation to accept the Goods, it is not a breach of the Seller's obligation to deliver the Goods. Failure to accept the Goods shall not constitute a withdrawal from the Purchase Contract by the Buyer, the Seller shall be entitled to withdraw from the Purchase Contract due to a material breach of contract by the Buyer. The Seller shall be entitled to store the ordered Goods for which it shall be entitled to payment in a reasonable amount. The Seller shall be entitled to payment of the price for transport or to compensation for damages, if any. If, for reasons on the Buyer's side, the Goods are delivered repeatedly or in a different manner than specified in the contract, the Buyer shall be obliged to pay the costs so incurred to the Seller.

 

  1. Dispute Resolution

6.1 Consumer complaints are handled by the Seller via the electronic address eshop@sedlec.info. Information on the handling of the complaint will be sent to the Buyer's electronic address.

6.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded by electronic means.

6.3. evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT

7.1 A buyer who has entered into a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract. Instructions on the right to withdraw from the Contract are attached as Annex 1 to these GTC.

7.2 The withdrawal period is 14 days from the date of receipt of the Goods.

7.3 To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.

7.4 To withdraw from the Purchase Contract, the Buyer may use the sample withdrawal form provided by the Seller, which is attached as Annex 2 to these GTC. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these GTC. The Buyer is obliged to indicate the bank account to which he wants to return the funds.

7.5. The Buyer shall bear the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned by normal postal means due to their nature.

7.6.If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without delay, but no later than within 14 days of the return of the Goods, the funds in the value of the returned Goods, including delivery costs, received from the Seller, to the bank account specified by the Buyer in the withdrawal. If the Buyer has chosen in his order a delivery method other than the cheapest method of delivery of the Goods, the Seller shall refund the Buyer the costs of delivery of the Goods only in the amount corresponding to the cheapest method of delivery of the Goods. If the Buyer requests the return of funds in a manner other than to the Buyer's account held with a bank in the Czech Republic in Czech crowns, the Buyer shall be obliged to pay the Seller additional costs, if any. The Seller is entitled to reduce the returned funds by these costs.

7.7. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the Goods to the Seller. The return of the Goods is possible at the information centre at Zámecká 279, 284 03 Kutná Hora - Sedlec during opening hours or via the Czech Post or other courier companies such as GLS, DPD, PPL. The Goods cannot be sent on delivery.

7.8 In the event of withdrawal from the Contract, the Buyer shall be liable for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that necessary to familiarise him with the nature, characteristics and functionality of the Goods, i.e. in the manner in which it is standard to familiarise oneself with similar Goods in a bricks-and-mortar shop. The Goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and in their original packaging if the nature of the Goods so permits. The Seller shall be entitled to unilaterally offset the depreciation of the Goods against the Buyer's claim for a refund of the purchase price.

7.9. If the purchase contract was concluded for several pieces of Goods and the Buyer withdraws from the purchase contract only in part (for part of the Goods), the Seller is entitled to return to the Buyer only the Price for the returned Goods, not the Price for shipping.

7.10. The Seller is entitled to withdraw from the Purchase Contract due to out of stock, unavailability

of the Goods or when the manufacturer, importer or supplier of the Goods has discontinued the production or import of the Goods. The Seller shall promptly inform the Buyer by means of the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the Contract within 14 days of the notice of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer.

7.11. In cases where the Purchase Contract is concluded by the Buyer as a Buyer-entrepreneur in the course of his/her business activity, the Buyer does not have the right to withdraw from the Purchase Contract, the Seller has the right to withdraw at any time, without giving any reason.

 

  1. DEFECTIVE PERFORMANCE RIGHTS

8.1 The Seller warrants that at the time of the transfer of the risk of damage to the Goods pursuant to Article 5.12 et seq.

  1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
  2. is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed,
  3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

8.2. The Seller shall be liable to the Buyer that, in addition to the agreed features:

  1. the Goods are fit for the purpose for which Goods of that kind are normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice, if there are no technical standards,
  2. the Goods, in quantity, quality and other characteristics, including liveliness, functionality, contingency and safety, correspond to the usual characteristics of Goods of the same kind, which the Buyer can reasonably expect, including in the light of public statements made by the Seller or any other person in the same contractual chain, in particular advertising or labelling,
  3. the Goods are supplied with accessories, including packaging, assembly instructions and other instructions for use, which the Buyer can reasonably expect,
  4. the Goods correspond in quality or workmanship to the sample or sample provided by the Seller to the Buyer prior to the conclusion of the Contract.

8.3 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2147b of the Civil Code and Act No. 634/1992 Coll, In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 8.1 and 8.2 of the GTC are not met, the Buyer may notify the Seller of such defect and exercise the rights arising from the defective performance (i.e. claim the Goods) by sending an email to eshop@sedlec.info or a letter to the Roman Catholic Parish of Kutná Hora - Sedlec, Zámecká 127, 284 03, Kutná Hora - Sedlec. The Buyer may use the sample form for the complaint, which is attached as Annex 3 to these GTC.

8.5. At his/her choice, the Buyer may request delivery of a new item without defect or repair of the item, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other, this shall be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for the Buyer.

The Seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the Goods would have had without the defect.

The provisions of §§ 1923, 2106 and 2107 on rights from defective performance do not apply.

8.6 The Buyer may demand a reasonable discount or withdraw from the Contract if:

  1. the Seller has refused to remedy the defect or has failed to remedy it in accordance with Section 2170(1) and (2),
  2. the defect is repeated,
  3. the defect is a material breach of the Contract, or
  4. it is apparent from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial difficulty to the Buyer.
    The reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the Buyer.

The Buyer may not withdraw from the Contract if the defect in the Goods is insignificant, it shall be deemed that the defect is not insignificant. The provisions of Sections 2110 and 2111 shall not apply.

If the Buyer withdraws from the Contract, the Seller shall refund the purchase price to the Buyer without undue delay after he has received the Goods or the Buyer has proved to him that he has dispatched the Goods.

8.7 Within three days of receipt of the claim, the Seller shall confirm to the Buyer's email address or to the address provided by the Buyer that the claim has been received, when the Seller received it and the estimated duration of the claim. The Seller shall settle the complaint without undue delay, but no later than 30 days from its receipt. The time limit may be extended by agreement between the Seller and the Buyer. If the deadline expires in vain, the Buyer may withdraw from the Contract.

8.8. If the complaint is justified, the Buyer shall be entitled to compensation for the costs reasonably incurred. The Buyer is obliged to prove these costs, e.g. by receipts or shipping receipts. If the defect has been removed by delivery of new Goods, the Buyer is obliged to return the original Goods to the Seller, at the Seller's expense.

8.9 If the Buyer is an entrepreneur, it is the Buyer's obligation to notify and complain about the defect of the Goods without undue delay after he/she could have discovered it, but no later than within 3 days from the date of receipt of the Goods.

8.10. If the Buyer is a consumer, the Buyer has the right to exercise the rights of defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

 

  1. PERSONAL DATA PROTECTION

9.1 The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") related to the processing of the Buyer's personal data for the purposes of the performance of the Contract, for the purposes of the negotiations on the Contract and for the purposes of the performance of the Seller's public obligations through a separate document (Personal Data Processing Policy).

 

  1. SENDING COMMERCIAL MESSAGES

10.1 The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document (Personal Data Processing Policy).

 

  1. FINAL PROVISIONS

11.1 All written correspondence shall be delivered by the Seller to the Buyer by electronic mail to the e-mail address specified in the Contract.

11.2 The Contract may be amended only by mutual written agreement.

11.3 The Seller is entitled to amend these GTC at any time, but such amendment shall not affect the already concluded Contracts.

11.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), the Seller shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both the Seller and the Buyer shall have the right to withdraw from the Contract.

11.5 The GTC shall be accompanied by a model instruction on the right of withdrawal from the Contract concluded by distance or off-premises, a model complaint form and a model withdrawal form.

11.6. All provisions of these GTC for the purchase and contractual relationship between the Seller and the Buyer are governed by Czech law.

11.7 All disputes arising from the purchase of Goods through the Seller's e-shop will be settled in the general courts of the Czech Republic, unless resolved out of court.

11.8 These GTC shall come into force on 13 April 2023.

 

E-shop SEDLEC - GTC Annex 1 - instructions

E-shop SEDLEC - VOP příloha 2 - formulář odstoupení od smlouvy

E-shop SEDLEC - VOP příloha 3 - reklamační formulář

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