Terms and Conditions
1. Introductory Provisions
These terms and conditions further define and specify the rights and obligations of the seller and the buyer in contractual relations concluded through the online shop www.munishop.muni.cz. These terms and conditions are available to the buyer prior to placing an order.
The seller and operator of the internet shop www.munishop.muni.cz is Masaryk University, with its registered office at Žerotínovo náměstí 617/9, Brno, 601 77; ID: 00216224; Tax ID: CZ00216224. The correspondence address for Munishop is Rybkova Street 19, 602 00 Brno. Masaryk University is a public university established by an act of parliament. It is not legally required to be registered in the Commercial Register; it is registered in the Trade Register maintained by the Trade Licensing Office of the City of Brno.
All contractual relationships are governed by the laws of the Czech Republic.
2. Definition of Concepts
A consumer – is a natural person who, by concluding and fulfilling a contract, does not conduct his or her business or other entrepreneurial activity or his or her independent profession.
A buyer who is not a consumer – is a person who, by concluding and fulfilling a contract, conducts his or her business or other entrepreneurial activity or his or her independent profession.
Goods constitute items offered by the seller in material form.
E-books constitute digital content (intangible goods) protected by copyright or digital content (intangible goods) where the copyright period has expired, listed by the seller on the website for the purpose of producing a copy by a third party (buyer) for a fee, in particular audio recordings which may also include a graphic component.
Download constitutes the creation of a permanent copy of an e-book in electronic form acquired from the website on demand by the user.
3. User Account
Based on buyer registration carried out on the website, the buyer may access the user interface. The user interface allows the buyer to order goods (hereinafter referred to as "user account"). The buyer may also order goods without the need for registration directly from the online shop interface.
When registering and ordering goods, the buyer is obligated to provide all information correctly and truthfully. User account information provided by the buyer must be updated in case of changes to such information. Information provided by the buyer in his or her user account and goods order is considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding all information required to access his or her user account.
The buyer is not authorized to share user account information with third parties.
A user account may be cancelled by the seller, especially if the buyer has not used his or her user account for over 24 months or if the buyer has breached obligations arising from the purchase contract (including the terms and conditions).
The buyer takes into account that a user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software by the seller or in connection with the necessary maintenance of hardware and software operated by third parties.
4. Purchase Contract Conclusion
An order, properly filled out by the buyer and dispatched via the online shop www.munishop.muni.cz, constitutes a binding proposal for the conclusion of a purchase contract with the seller.
The seller will promptly acknowledge the receipt of an order pursuant to section 1827, subsection 1 of the Civil Code by email to the email address indicated in the order by the buyer; this confirmation does not constitute acceptance of the proposal for the conclusion of a purchase contract.
The purchase contract itself is concluded by the acceptance of a proposal for the conclusion of a purchase contract by the seller where acceptance constitutes the dispatch of goods by the seller to the buyer. If the buyer is not a consumer, and if the total cost of the order simultaneously exceeds 50,000 CZK excluding VAT, a written contract will be concluded.
The order receipt confirmation includes payment details, in particular the account number to which the payment is to be sent, a variable symbol and the full amount to be paid by the buyer.
The purchase price of the entire order is determined as the sum of the prices of all ordered goods plus all applicable postage and additional fees; the prices of the individual items are listed at www.munishop.muni.cz.
The buyer agrees to pay the seller a mutually agreed purchase price including VAT; VAT will be charged in accordance with legal regulations in force on the date of the taxable transaction.
A taxable transactions in the case of goods sold through Munishop is deemed to have taken place on the date of payment, i.e. once the entire purchase price amount is credited to the seller's account. In the case of postal cash on delivery, the date of taxable delivery constitutes the date of goods delivery to the first carrier.
The buyer is entitled to cancel the order, i.e. withdraw the proposal for purchase contract conclusion, at any time prior to conducting payment for goods. The consumer is obliged to notify the seller of this matter by email.
The seller retains the right to request additional confirmation of the order from the buyer (e.g. in writing or by phone) with respect to the nature of the order (quantity of goods, purchase price, estimated transport costs).
5. Payment and delivery of goods
When ordering goods at Munishop, the buyer chooses whether payment for goods will be conducted by transfer to the seller's account, by online card payment to the seller's account or in cash upon receipt of goods.
Depending on the selected payment and shipping method, any costs associated with payment and transport are added to the price of the goods purchased by the buyer. The order is deemed to have been paid in full once the full amount, including any postal, packaging and cash on delivery fees, is transferred to the seller's account.
In case the buyer opts for in person pickup and wire transfer payment, he or she will be asked to pick up the goods at the selected pickup location within seven days of the entire purchase price amount being transferred to the seller's account. Detailed information about pickup locations may be found at www.munishop.muni.cz. Goods are held at a pickup location for 21 days from the issuance of the goods delivery notification. In case the buyer fails to pick up the goods, the order will be cancelled and any payment already made will be returned to the buyer's account.
Payment for goods may be conducted in cash or by credit card in the event of in person collection only from the pickup location at Munishop headquarters at Rybkova Street 19, Brno. Buyers who wish to pick up goods at other pickup locations must make the payment in advance.
In the case of payment by wire transfer, the buyer is required to pay the purchase price of the goods, identified by a variable payment symbol, within 14 days of receiving the order receipt notification.
In the case of payment by wire transfer to the seller's account, the buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's account. An order is processed only after the relevant amount has been credited to the seller's account.
A purchase price not paid by the buyer in full will be refunded to the bank account which it was originally sent from. In case a payment was originally sent from a foreign bank account, the buyer is required to provide the seller with bank account details relevant for the return of a payment to a foreign bank.
Online credit card payments are utilized the secure GP Webpay system, which utilizes 3D-Secure technology and holds certificates including Verified by Visa and MasterCard SecureCode. The seller has no access to any payment card information.
In case the buyer requests the delivery of goods to his or her address, the goods will be sent to the address stated in the order within seven days after the entire purchase price value – including all goods, postage, packaging and cash on delivery fees – has been credited to the seller's account.
If, for reasons arising on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay for any costs associated with the repeated delivery of the goods or for any costs associated with the utilization of an alternate delivery method.
6. Payment and Delivery of Electronic Books
E-books can only be purchased by registered users. When ordering at Munishop, the buyer chooses whether payment for goods will be conducted by transfer to the seller's account or by online card payment to the seller's account.
An e-book price listed in the Munishop is final, no additional shipping charges are charged.
Upon payment of the full amount, the buyer will be informed by email about how to download the purchased e-books from the Munishop account.
A binding e-book order cannot be cancelled once the payment has been made.
When dealing with e-books, the buyer is obliged to act in accordance with generally binding legal regulations, especially in the area of copyright protection. The use of e-books by buyers beyond the scope of authorization resulting from generally binding legal regulations or beyond the buyer's authorization granted by the seller is a copyright infringement (in particular: unauthorized distribution, duplication, rental, lending or disclosure to the public). Copyright infringement by the buyer may result in civil, administrative or criminal liability on the part of the buyer.
The buyer acknowledges and undertakes to respect the fact that e-books are protected by means of social DRM protection. The buyer acknowledges that the circumvention of the effective means of protection of such rights is a breach of copyright in the sense of section 43 of the Copyright Act (Act No. 121/2000 Coll., as subsequently amended).
7. International Purchase
For the purpose of international sales, the seller determines the price of goods in EUR, which may differ from the amount in CZK converted according to a current exchange rate.
The buyer undertakes to pay the total price (including shipping cost) in advance via online card payment.
The seller agrees to dispatch the ordered books to the buyer by post no later than seven days after payment has been done.
International delivery charges and dates:
Delivery to Slovakia: 8 € ($ 9,50). Delivery can take 5 to 7 days.
Delivery to European Union countries: 12 € ($ 14). Delivery can take 7 to 10 days.
Delivery to the rest of the world: 18 € ($ 21). Delivery can take up to 21 days.
8. Accounting and Tax Documents
Accounting and tax documents are issued in electronic form; they are available in the buyer's purchase order in his or her Munishop account in a printable format. Such documents will also be attached to each sent or received order.
If the buyer wishes to deduct VAT, he or she must provide an ID at the time of registration or when placing the order, and, in case he or she is registered as a VAT payer, also a VAT ID.
9. Withdrawal from Contract
The seller reserves the right to withdraw from the contract in the following cases: in case the buyer does not pay the full price of the order within the specified time; in case goods cannot be delivered for technical reasons; in case the seller stops offering the goods. The seller shall immediately inform the buyer regarding withdrawal from the contract by electronic mail.
If the buyer is a consumer as stipulated by section 419 of the Civil Code, he or she has the right to withdraw from a contract without providing any grounds for doing so within 14 days of the date of receipt of the goods (in the case of a purchase contract involving several types of goods or in case a delivery comprises several parts, within the date of the receipt of the last part of the goods; in the case of a purchase contract involving the regular repeated delivery of goods, within the date of the receipt of the first part of the goods).
In order to exercise his or her right to withdraw from a contract, the consumer must inform the seller of his or her withdrawal from such a contract using the correspondence address of Munishop, Rybkova Street 19, 602 00 Brno, or by email at firstname.lastname@example.org, via a unilateral legal act (e.g. by means of a letter sent using a postal service provider or by email). The consumer may also choose to use the provided withdrawal form. This website includes a link where the consumer can download and fill out a withdrawal form. In order to comply with the contract withdrawal period, it is sufficient to submit the withdrawal form before the expiry of the relevant period.
If the consumer withdraws from the purchase contract, all payments received by the seller, including delivery costs, will be returned without undue delay, no later than 14 days after the seller receives a notice of withdrawal from the purchase contract. The seller will use the same means of payment for the refund as were used by the consumer to carry out the initial transaction unless the consumer has explicitly stated otherwise. Under no circumstances will the consumer incur additional costs. The payment will only be returned to the seller once the returned goods have been received or if the consumer proves that he or she has sent the goods back, whichever occurs first.
The consumer shall return the goods to the Munishop, Rybkova Street 19, 602 00 Brno, or to the pickup location, without undue delay within 14 days from the date of withdrawal from the purchase contract; costs directly associated with the return of the goods are borne by the consumer. The period is deemed to be maintained if the consumer dispatches the goods to the seller within 14 days. The consumer is only responsible for diminishing the value of goods occurring as a result of his or her handling the goods in a manner other than in an extent necessary for understanding the nature and characteristics of the goods, including their functionality.
In particular, the consumer cannot, in accordance with section 1837 of the Civil Code, withdraw from a contract:
- on the delivery of goods in sealed packaging which the consumer has removed from the packaging
- on the delivery of an audio or video recording or a computer programme in case the consumer has damaged the original packaging,
- on the delivery of newspapers, periodicals or magazines,
- on the delivery of digital content unless delivered on a physical medium and supplied with the consumer's prior express consent before the expiration of the withdrawal period, and as long as the entrepreneur has informed the consumer, prior to concluding the contract, that he or she has no right to withdraw from the contract in such a case.
Withdrawal from a contract is not possible in case the goods have already been partially depleted. Withdrawal from a contract is not possible in the case of goods whose nature precludes it, especially for hygienic reasons (e.g. creams). In case the returned goods are incomplete, damaged or visibly worn, the seller may claim damages.
A buyer who is not a consumer may not withdraw from a contract pursuant to section 1829, et seq., of the Civil Code.
10. Responsibility for Defects and Claims
The buyer is entitled to claim damages in case the goods exhibit a defect recognizable only by an expert at the conclusion of the contract and inspection, or other hidden defect. Such a defect provides the buyer with the right to claim damages without undue delay once he or she has discovered or could have discovered it: either within six months of item delivery or after six months but within a 24-month claim period. However, the buyer must prove that the item was defective already at delivery.
If the defect or defects referred to in the preceding paragraph, which the seller has not indicated, are revealed later, the buyer has the right to a reasonable discount from the agreed price, corresponding to the nature and extent of the defect; in the case of a defect which makes the goods unusable, the buyer also has the right to withdraw from the contract.
The buyer also has the right to withdraw from a contract in case the seller has assured him or her that the goods have certain characteristics or no defects, which will have subsequently been found untrue.
The buyer is entitled to the reimbursement of necessary costs incurred in connection with the exercise of his or her liability for defects. The buyer must notify the seller of any defects without undue delay once he or she has discovered them. The application of rights of liability for defects does not preclude the application of the right to damages.
The buyer is obliged to send or personally deliver defective goods along with a delivery note at his own expense to the address of the seller (Munishop, Rybkova Street 19, 602 00 Brno, Czech Republic) or to the original pickup location. Along with the delivery of the goods, the buyer is required to describe the defect and state whether he is withdrawing from the purchase contract or requesting the exchange of goods.
In the event of a goods exchange, the seller transmits the goods to the buyer at the address stated in the order.
In the event of a withdrawal, the seller uses the same means of payment originally employed by the buyer to return the purchase price amount, unless the buyer explicitly determines otherwise.
11. Personal Data Protection
Any personal data communicated to the seller will not be disclosed to third parties or other entities without the consent of the buyer, except in cases necessary for the implementation of the purchase contract under these terms and conditions and will be treated in accordance with Act No. 101/2000 Coll. on the Protection of Personal Data. The buyer provides the seller, i.e. Masaryk University, with its registered office at Žerotínovo náměstí 617/9, Brno, 601 77; ID: 00216224; Tax ID: CZ00216224, in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, with consent with the processing of personal data – limited to name, address and telephone and email contacts – for an indefinite period of time. This data is primarily used to complete the purchase contract and to facilitate future purchase orders. The seller, as a personal data processor, is also their administrator; obtained personal data must be processed in a secure manner in order to prevent their misuse. The buyers may request to change or delete such data by email at any time.
The buyer, by entering the website www.munishop.muni.cz, agrees with saving cookies on his or her computer.
12. Final provisions
These terms and conditions enter into force on 6 March 2018.