Terms and Conditions 

of purchase in the e-shop of the Institute of Philosophy of the CAS

I. Introductory provisions

1. These general terms and conditions (hereinafter only “terms and conditions”) of the e-shop of the Institute of Philosophy of the CAS, headquartered at Jilská 1, Prague 1, 11000, established on 10 January 1990, Identification No.: 67985955 (hereinafter only “Seller”), modified in accordance with provision § 1751 Section 1 of Act No. 89/2012 Coll., of the Civil Code (hereinafter only “Civil Code”) are the mutual rights and obligations of the contractual parties arising out of or in connection with a consumer contract (hereinafter only “consumer contract”) concluded between the seller and another physical person (hereinafter only “Buyer”) via the internet shop of the seller. The e-shop is operated by the seller on the website placed at the internet address http://shop.flu.cas.cz (hereinafter only “website”), namely via the web interface (hereinafter only “web interface of the shop”).

2. The general terms and conditions are not related to cases when the person who intends to the purchase goods from the seller, is a legal person or a person who is acting in the order of goods within their entrepreneurial activity or within the independent performance of their profession.

3. A divergent provision from the general terms and conditions can be negotiated in the consumer contract. Distinctive arrangements in the consumer contract take precedence over the provisions of the terms and conditions.

4. The regulation of the terms and conditions are an integral part of the consumer contract. The consumer contract and the terms and conditions are drawn up in the Czech language. The consumer contract can be concluded in the Czech language.

5. The seller may change or supplement the wording of the terms and conditions at any time. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

II. Conclusion of a consumer contract

1. With the consumer contract, which includes these terms and conditions, the seller undertakes to surrender the goods that are the object of the purchase to the buyer and allow him/her to acquire ownership rights to the goods and the buyer undertakes to take over the goods and pay the seller the purchase price.

2. The proposal for conclusion of the consumer contract (offer) is the placement of the offered good by the seller on the internet pages. Acceptance of the offer of the seller for conclusion of a consumer contract is sending the properly filled-out order by the buyer. All presentations of the goods placed in the web interface of the shop are of an informative character and the seller is not obliged to conclude a consumer contract for these goods. Provision § 1732 Section 2 of the Civil Code is not used.

3. The web interface of the shop contains information about the goods, including the presentation of the prices of individual goods. Goods prices are quoted including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a consumer contract under individually negotiated terms.

4. The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases when the goods are delivered within the territory of the Czech Republic.

5. To order the goods, the buyer will fill out the order form in the web interface of the shop. The order form contains, in particular, information about:

– ordered goods (ordered goods placed by the buyer in the electronic shopping cart of the web interface of the shop),

– the method of payment of the purchase price of the goods, details of the required way of delivering the ordered goods and

– information on the costs associated with the delivery of the goods (collectively referred to only as the “order”).

6. Before sending the order to the seller, it is possible for the buyer to check and modify the data he has placed in the order, even with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the “send order” button. The buyer is obligated to state the information given in the order correctly and correctly. The data listed in the order are deemed correct by the seller. On receipt of the order, the seller will acknowledge this receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter only the “buyer’s electronic address”). However, this confirmation does not affect the conclusion of the consumer contract because the contract was concluded at the moment of delivery of the order sent by the buyer to the seller. A cocncluded consumer contract (including the agreed price) may be altered or cancelled only by agreement of the parties or for statutory reasons.

7. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

8. The seller reserves the right to withdraw from the contract – cancellation of the order for goods that cannot be delivered or if its price has changed significantly. The seller informs the buyer of this situation by e-mail. If the purchase price and transport have been paid by the buyer, they will be returned to the buyer without undue delay.

9. The buyer agrees to use remote means of communication when concluding a consumer contract. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of a consumer contract (cost of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.

III. Price of the goods and payment conditions

1. The price of the goods and possible costs connected with the delivery of the goods pursuant to the consumer contract can be paid by the buyer to the seller in the following ways:

– in cash at the seller’s premises at the Institute of Philosophy of the CAS, Jilská 1, 110 00 Praha 1,

– in cash when paying COD in the place specified by the buyer in the order,

– cashless by a wire transfer to the account of the seller No. 11339990/5500 (hereinafter only “account of the seller”), kept with Raiffeisenbank, a.s.,

– credit or debit card.

2. Along with the purchase price, the buyer is obliged to pay the seller also the costs with packaging and delivery of the goods in the contractual amount. Unless explicitly specified otherwise, the purchase price is further understood as also the costs associated with the delivery of the goods.

3. The seller does not request a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Art. III, Section 6 of the commercial terms concerning the obligation to pay the purchase price of the goods in advance.

4. In the case of a cash payment, the purchase price shall be payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the conclusion of the consumer contract.

5. In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods along with listing of the variable symbol of the payment. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

6. The Seller is entitled, in particular, in the event that on the part of the buyer does not receive an additional confirmation of the order (Art. II. Section 7), to request the payment of the entire purchase price before sending the goods to the purchaser. Provision § 2119 of Section 1 of the Civil Code is not used.

7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

8. If it is customary in the course of trade or if it is provided for by generally binding legal regulations, the seller shall issue a tax invoice – an invoice – to the buyer in respect of payments made under a consumer contract. The seller is a value added tax payer.

IV. Withdrawal from the consumer contract

1. The buyer notes that, pursuant to the provisions of § 1837 of the Civil Code, it is inter alia not possible to withdraw from a consumer contract on the delivery of goods, which was adjusted according to the wishes of the buyer or for his/her person, from a consumer contract for the supply of perishable goods or which have been irreversibly mixed with other goods after delivery, from a consumer contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons cannot be returned and from a consumer contract for the supply of a sound or image recording or a computer program, if their original packaging has been violated.

2. If it is not the case referred to Art. IV, Section 1 or another case when it is not possible to withdraw from the consumer contract, the buyer has the right to withdraw from the consumer contract in accordance with the provision of § 1829 Section 1 of the Civil Code, namely within fourteen (14) day from receiving the goods, where in the case that the subject of the consumer contract is several types of goods or the delivery of several parts, this deadline starts from the day of the receipt of the last delivery of the goods. Withdrawal from the consumer contract must be sent to the seller in the deadline in the previous sentence. The buyer can send the withdrawal from the consumer contract inter alia to the address of the seller’s premises or to the seller’s email address sekretariat@flu.cas.cz.

3. In the case of withdrawal from the consumer contract pursuant to Art. IV, Section 2 of the business terms, the consumer contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract by the buyer. If the buyer withdraws from the consumer contract, the buyer bears the costs connected with the return of the goods to the seller, even in the case when he goods cannot be returned by the usual postal route because of their character.

4. In the case of withdrawal from the consumer contract pursuant to Art. IV, Section 2 of the business terms, the seller will return the monetary means received from the buyer within fourteen (14) days from the withdrawal from the contract by the buyer, namely in the same way they were accepted by the seller from the buyer. The seller is also authorized to return the payment provided by the buyer already in the return of the goods by the buyer or another way, if the buyer agrees with that and it does not cause further costs for the buyer. If the buyer withdraws from the consumer contract, the seller is not obliged to return the monetary means received to the buyer before the buyer returns the goods to him or proves that the goods have been shipped.

5. The seller is entitled to indemnify unilaterally the claim for damages arising from the goods against the buyer's claim for repayment of the purchase price.

6. Until the date of receipt of the goods by the buyer, the seller is entitled to withdraw from the consumer contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay.

7. If a gift is provided to the buyer with the goods, a gift contract is concluded between the seller and buyer with a distribution condition that if there is a withdrawal from the consumer contract by the buyer, the gift contract considering such a gift expires and the buyer is obliged to return also the gift provided along with the goods to the seller.

V. Transport and delivery of the goods

1. The goods are delivered to the buyer through the Czech Post Office, or may be picked up at the seller’s premises at the address: Institute of Philosophy of the CAS, Jilská 1, 110 00 Praha 1.

2. If the mode of transport is agreed upon based on the buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.

3. If the seller ships the goods to the buyer using a carrier, he submits the goods to the buyer by handing the goods to the first carrier for transport to the buyer and allows the buyer to claim the rights from the transport contract with the carrier. When dispatched, the effects of surrendering the goods to the buyer are transferred to the carrier if the seller indicates the goods clearly and sufficiently as a shipment to the buyer.

4. If the buyer is a consumer, the goods are handed over to the buyer when the carrier hands it over to him.

5. The risk of damage to the goods passes to the buyer by accepting the goods. The same is true if the buyer does not accept the goods, if the seller allows him to handle it.

6. If the buyer does not accept the properly surrendered goods, the carrier shall return it to the seller. After the return of the goods, the seller shall subsequently contact the buyer by e-mail to the e-mail address given in the order and deliver the goods to the buyer in the same way after the buyer reimburses the seller for the transport. The seller is entitled to the payment of the transport even if the buyer’s first shipping had a claim to be free of charge.

7. If the seller is required to deliver the goods in the place specified by the buyer in the order, according to the consumer contract, the buyer is obliged to accept the goods upon delivery.

8. In the case that it is necessary for reasons on the part of the buyer to deliver the goods repeatedly or in another way than was stated in the order, the buyer is obliged to cover the costs connected with the repeated delivery of the goods, or the costs connected with the other method of delivery.

9. 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, to notify the carrier without undue delay. In the event of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer is not required to take delivery of the consignment from the carrier. Any identified defects of the packaging are recorded by the buyer in the carrier’s transport document. By signing the shipping note without stating any reservations, the buyer confirms that the shipment has been delivered in good order and any further claims arising from the violation of the packaging will no longer be taken into account.

10. Other rights and obligations of the parties in the transport of goods can be modified by the delivery terms of the seller, if they are issued by the seller.

 

VI. Rights from defective fulfilment

1. The rights and obligations of the contractual parties with respect to defective fulfilmentshall be governed by the relevant generally binding provisions (in particular the provisions of § 1914 through 1925, § 2099 through 2117 and § 2161 through 2174 of the Civil Code) and Act No. 634/1992 Coll., on Consumer protection, in the wording of the later regulations.

2. A product is defective if it does not have the agreed properties. The defect is considered to be the provision of other goods and defects in the documents necessary for the use of the goods.

3. The seller is liable to the buyer for the fact that the goods are not defective upon their receipt. In particular, the seller is liable to the buyer for the fact that at the time the buyer took over the goods:

– the goods have properties that the parties have negotiated and, if the arrangement is lacking, have the properties that the seller or the manufacturer has described or which the buyer expected in view of the nature of the goods and of the advertiser’s advertising,

– the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,

– the goods correspond to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of the agreed sample or model,

– the goods are in the appropriate quantity, degree or weight and comply with the requirements of the legal regulations

- the item complies with the requirements of the legal regulations.

4. The provisions referred to in Art. VI. Section 3 of the business terms and conditions are not used with goods sold for a lower price for a defect for which a lower price was negotiated, on wear and tear of goods caused by its usual wear, with used goods for a defect corresponding to the level of usage or wear and tear, which the goods had when received by the buyer or arise from the nature of the goods.

5. If there is a defect within six months of the takeover, the goods shall be deemed to have been defective at the time of acceptance.

6. Rights from defective provision are claimed by the buyer at the seller’s address at his premises, where acceptance of the claim is possible after agreement and with regard to the range of goods sold. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.

7. Further rights and obligations of the parties related with the responsibility of the seller for defects may be regulated by the seller’s complaint procedure.

VII. Other rights and obligations of the contractual parties

1. The buyer assumes ownership of the goods by payment of the full purchase price of the goods.

2. The seller is not bound by any code of conduct in relation to the buyer in the sense of the provision of § 1826 Section 1 Letter e) of the Civil Code.

3. The body responsible for the out-of-court settlement of consumer disputes under the consumer contract, or for dealing with complaints from buyers, is the Czech Trade Inspection Authority (established by Act No. 64/1986 Coll. on the Czech Trade Inspection, as amended), headquartered at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: http://www.coi.cz.

4. Oversight of the area of the protection of personal data is executed by the Office for the Protection of Personal Data pursuant to Act No. 101/2000 Coll., on the Protection of Personal Data, internet address: www.uoou.cz

5. The purchaser hereby takes on the risk of changing the circumstances in the sense of § 1765 Section 2 of the Civil Code.

VIII. Protection of personal data

1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

2. The buyer consents with the processing of these (their) personal data: name and surname, residential address, ID number, tax ID number, email address, telephone number and delivery address or billing address (hereinafter all collectively referred to only as “personal data”).

3. The buyer consents with the processing of the personal data by the seller, namely for the purposes of the realization of the rights and obligations from the consumer contract. If the buyer does not select another option, he/she agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a consumer contract.

4. The buyer acknowledges that he/she is obliged to state his/her personal data (when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller about the change of his/her personal data without undue delay.

5. The seller may authorize a third party to process the buyer’s personal data as a processor. In addition to persons transporting the goods, the personal data will not be passed on to third parties by the seller without the buyer’s prior consent.

6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.

7. The buyer confirms that the personal data provided are accurate and that he/she has been advised that this is a voluntary provision of personal data.

8. In the event that the purchaser believes that the seller is conducting the processing of his or her personal data contrary to the protection of the buyer’s private and personal life or contrary to law, in particular if personal data are inaccurate with regard to the purpose of their processing, he/she may:

– ask the seller or processor for an explanation,
– require the seller to remove the resulting situation.

9. If the buyer requests information about the processing of his or her personal data, the seller is required to pass on this information. The seller has the right to request reasonable compensation not exceeding the costs necessary to provide the information for the provision of the information in accordance with the previous sentence.

IX. Storage of cookies

1. If the buyer’s browser is set to accept so-called cookies, it is believed that the buyer agrees to store them in the computer's memory or on the disk. In the event that the buyer’s internet browser blocks its cookies, a user session is implemented without the use of cookies in the form of a variable session.

X. Delivery

1. The buyer consents with the sending of information related to the seller’s goods, services or business to the buyer’s electronic address.

2. It can be delivered to the buyer at his/her email address.

XI. Final Provisions

1. If a relationship based on a consumer contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.

2. Relationships and any disputes arising based on the contract shall be settled exclusively under the law of the Czech Republic, namely by the competent courts.

3. If any provision of the business terms and conditions is invalid or ineffective, or if such a provision becomes ineffective, instead of the invalid clauses, a provision shall be enforced as to the closest possible approximation of the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the consumer contract or business terms require a written form.

4. The consumer contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible. The business terms and conditions are valid as stated on the seller’s website. For a specific consumer contract, the business terms and conditions are valid as stated on the seller’s website at the time the buyer’s order is sent.

5. Contact details of the seller: Address for delivery: Institute of Philosophy of the CAS, Jilská 1, 11000 Prague 1, email address: sekretariat@flu.cas.cz, telephone + 420 221 183 201

XII. Definition of the terms

1. “Consumer contract” – purchase contract, contract for a work, or other contracts according to the Civil Code, if the contractual parties are on the one hand the consumer and on the other the seller.

2. “Consumer” – is a natural person who, when concluding and fulfilling the contract, does not act in the course of his business or other entrepreneurial activity or in the independent exercise of his profession.

3. “Buyer, who is not a consumer” – is a person who, when concluding and fulfilling the contract, acts in the course of his business or other entrepreneurial activity or in the independent exercise of his profession.

4. “Goods” are understood as products or services offered to customers via the E-shop (e.g. books, registration and conference fees, etc.)

On 28 March 2018 in Prague