Business Terms and Conditions
GENERAL BUSINESS TERMS AND CONDITIONS OF BIGMEDIA, SPOL. S R. O.
1.1. These General Business Terms and Conditions (the “GTC”) of BigMedia, spol. s r.o., with tis registered office at Na strži 2097/63, Krč, Prague 4, postcode: 140 00, ID NO: 264 79 451, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 84907 (the “Seller”), set out the mutual rights and obligations of the parties arising in connection with or under an agreement for the purchase of goods or digital content (the “Purchase Agreement”), entered into through the Seller’s online store located at the website https://imucha.com/eshop/en/ (the “Online Shop”) between the Seller and (i) a natural person not entering into the Purchase Agreement as part of their trade or other business activity (the “Buyer-Consumer”); or (ii) a natural or legal person entering into the Purchase Agreement as part of their trade or other business activity (the “Buyer-Entrepreneur”). These GTC set out some rights and obligations differently for Buyers-Consumers and Buyers-Entrepreneurs. If the rights and obligations are set out identically for the Buyers-Consumers and the Buyers-Entrepreneurs, these persons are hereinafter referred to as the “Buyers”.
1.2. The rights and obligations between the Buyer-Consumer and the Seller, including warranty claims, are governed by these GTC and to the extent not regulated by these GTC, in particular by Act No. 89/2012 Sb., the Civil Code, as amended (the “Civil Code”), and Act No. 634/1992 Sb., on Consumer Protection, as amended (the “Consumer Protection Act”).
1.3. The rights and obligations between the Buyer-Entrepreneur and the Seller, including rights from defective performance, are governed by these GTC and to the extent not covered by these GTC, in particular by Act No. 89/2012 Sb., the Civil Code, as amended.
1.4. The Purchase Agreement between the Buyer-Consumer and the Seller is a consumer contract within the meaning of Section 1810 of the Civil Code.
1.5. The Purchase Agreement between the Buyer and the Seller is entered into upon confirmation of the Buyer’s binding Order by the Seller. As of this moment, mutual rights and obligations arise between the Buyer and the Seller.
1.6 The Seller will issue to the Buyer-Consumer a confirmation of the executed Purchase Agreement in written form within a reasonable time after its executed no later than upon delivery. If the subject of the Purchase Agreement is the provision of digital content that is not delivered on a tangible medium, the Seller will provide the Buyer-Consumer with a confirmation that the consumer expressly agrees that the performance will commence before the expiry of the period for withdrawal from the Purchase Agreement and that the Buyer-Consumer acknowledges that their right to withdraw from the Purchase Agreement ceases to exist by granting their consent.
1.7. These GTC further set out the rights and obligations of the parties in the use of the above-mentioned Online Shop of the Seller and other related legal relationships.
1.8. Any provisions deviating from the GTC may be agreed in the Purchase Agreement. Any deviating provisions in the Purchase Agreement prevail over the provisions of the GTC.
1.9. The provisions of the GTC form an integral part of the Purchase Agreement.
1.10. If the Purchase Agreement is entered into via the Online Shop, the Purchase Agreement may only be concluded in English and the GTC are also available in English. However, the Seller is the operator of an online shop at https://imucha.com/eshop/cs/, through which the Purchase Agreement can be entered into in Czech, and at the same time the GTC in Czech are available at this website.
1.11. The Seller may change the wording of the GTC from time to time. This provision does not affect the rights and obligations arising during the effective period of the previous version of the GTC.
2. User account
2.1. Based on the Buyer’s registration in the Online Store, the Buyer can access their user interface. The Buyer may order goods from their user interface (the “User Account”). If allowed by the web interface of the Online Shop, the Buyer may also order goods without registration directly from the web interface of the Online Shop.
2.2. When registering on the Internet Shop website and when ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data provided in the User Account in the event of any change thereof at any time before the Buyer’s Order. The data provided by the Buyer in the User Account and in ordering goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer has not used the User Account for more than forty-eight (48) months, or if the Buyer breaches their obligations under the Purchase Agreement (including the GTC).
2.6. The Buyer acknowledges that the User Account may not be available all the time, in particular with regard to necessary maintenance of the Seller’s hardware or software, or necessary maintenance of third-party hardware or software.
3. Execution of the Purchase Agreement
3.1. The Online Shop contains a list of goods offered by the Seller for sale, including the prices of each offered item. The prices of the goods offered are inclusive of value added tax and do not include the cost of shipping to the Buyer. The offer for sale of goods and the prices of the goods remain valid for the period of display in the Online Shop. This provision does not restrict the Seller’s right to conclude the Purchase Agreement on individually agreed terms.
3.2. Through the Online Shop the Seller sells various consumer goods with motifs of Alfons Mucha’s works, such as scarves with prints containing reproductions of Alfons Mucha’s works and posters, clothing, publications, porcelain ware.
3.3. All presentation of goods placed in the web interface of the Online Shop is for reference only and the Seller is not obliged to enter into a Purchase Agreement regarding these goods. Section 1732(2) of the Civil Code will not apply.
3.4. In addition to the price of the goods, the web interface of the Online Shop also contains information about the costs associated with packaging and delivery of the goods. Goods are delivered by the Seller worldwide.
3.5. To order goods, the Buyer must fill in the order form in the Online Shop. The order form contains information about:
- the items ordered (the ordered goods are added by the Buyer to the electronic basket of the web interface of the Online Store);
- the method of payment of the purchase price, details of the required form of delivery of the ordered goods; and
- information about the costs associated with the delivery of the goods (the “Order”).
3.6. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, including the Buyer’s possibility to detect and correct any mistakes arising when entering data into the Order. The order is sent by the Buyer to the Seller by clicking on the “PLACE A BINDING ORDER” button. The data stated in the Order are considered correct by the Seller. Once the Seller receives the Order, the Seller will confirm the Order to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or in the Order (the “Buyer’s E-mail”).
3.7. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the execution of the Purchase Agreement (costs of internet connection, costs of phone calls) will be borne by the Buyer.
4. Price of the goods and payment terms
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller as follows:
Payments in CZK
- by bank transfer to the Seller’s account no. 1387413532/2700 with UniCredit Bank Czech Republic, a.s.;
- by credit card online through the GP Webpay payment system;
- by cash on delivery (valid only in the Czech Republic).
Payments in EUR
- by bank transfer to the Seller’s account No. 2111258855/2700 with UniCredit Bank Czech Republic, a.s.;
- by credit card online through the GP Webpay payment system.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs of packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. In the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the execution of the Purchase Agreement.
4.4. In the case of cashless payment by bank transfer, the Buyer is obliged to pay the purchase price of the goods with the variable symbol of the payment (reference number) included, which will be notified to the Buyer by the Seller. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
4.5. The Buyer acknowledges and agrees that the Seller is only obliged to send the ordered goods to the Buyer after full payment of the purchase price.
4.6. Any discount on the price of the goods granted by the Seller to the Buyer cannot be used with any other discount.
4.7. If it is a standard practice in the course of business or if it is prescribed by generally binding legal regulations, the Seller will issue a tax document (invoice) to the Buyer for payments made under the Purchase Agreement. The tax document (invoice) will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s E-mail address.
4.8. The tax document (invoice) also serves as a warranty certificate.
5. Withdrawal from the Purchase Agreement – Buyer-Consumer
5.1. The Buyer-Consumer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of goods manufactured according to the Buyer-Consumer’s requirements or goods adapted to their personal needs, from a purchase agreement for the supply of audio and video recordings and computer programs supplied in sealed packaging if the Buyer-Consumer has opened the original sealed packaging, nor from a purchase agreement for the supply of newspapers, periodicals and magazines, except for subscription agreements for the delivery thereof.
5.2 The Buyer-Consumer further acknowledges that they may not withdraw from the Purchase Agreement for the provision of digital content that is not delivered on a tangible medium after the performance has commenced, if it has commenced with their prior express consent before the expiry of the withdrawal period and if the Buyer-Consumer has been advised that the right to withdraw from the Purchase Agreement is thereby extinguished.
5.3. Unless it is a case referred to in Article 5.1 of the GTC or another case where the Purchase Agreement may not be withdrawn, the Buyer-Consumer has the right to withdraw from the Purchase Agreement without giving any reason, in accordance with the provisions of Section 1829(1) of the Civil Code, within fourteen (14) days of acceptance of the goods by the Buyer-Consumer or a third party designated by them, other than the carrier, providing that if the subject-matter of the Purchase Agreement is: (i) multiple items of goods which are delivered separately, the period will begin to run from the date of acceptance of the last item of the goods; and (ii) goods comprising multiple items or parts, the period will begin to run from the date of acceptance of the last item or part of the goods.
5.4 The Buyer-Consumer is entitled to withdraw from the Purchase Agreement under Article 5.3 of the GTC by means of any unambiguous statement made towards the Seller (including, without limitation, to the address of the Seller’s registered office or business premises, to the Seller’s e-mail address or by phone to the Seller’s contact line). To meet the deadline for withdrawal from the Purchase Agreement, it is sufficient to send the withdrawal notice before the expiry of the said deadline. To withdraw from the Purchase Agreement, the Buyer-Consumer may also use the template form provided by the Seller, which forms an annex to these GTC here (https://imucha.com/eshop/img/cms/iMucha_formular%20pro%20%20odstoupení%20od%20smlouvy.pdf).
5.5. In the event of withdrawal from the Purchase Agreement under Article 5.3 of the GTC, the Purchase Agreement becomes null and void. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Purchase Agreement. If the Buyer-Consumer withdraws from the Purchase Agreement, the Buyer-Consumer bears the costs associated with the return of the goods to the Seller.
5.6. In the event of withdrawal from the Purchase Agreement under Article 5.3. of the GTC, the Seller shall return the funds, i.e. the price of the goods, including the cost of delivery of the goods, received from the Buyer-Consumer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer-Consumer, in the same manner as the Seller received them from the Buyer-Consumer. If the Buyer-Consumer has selected other than the cheapest method of delivery of goods offered by the Seller, the Seller will reimburse the Buyer-Consumer for the cost of delivery of the goods only in the amount equal to the cheapest method of delivery offered. The Seller is also entitled to return the performance provided by the Buyer-Consumer already when returning the goods to the Buyer-Consumer or in another way, if accepted by the Buyer-Consumer and no additional costs are incurred by the Buyer-Consumer. If the Buyer-Consumer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer-Consumer before the Seller receives the goods or before the Buyer-Consumer proves that the goods have been sent back, whichever occurs earlier.
5.7. The Seller is entitled to unilaterally set off the claim for payment of damage to the goods against the claim of the Buyer-Consumer for a refund of the purchase price. The Buyer-Consumer is liable for any impairment of the value of goods handled otherwise than necessary to become aware of the nature, characteristics and functionality of the goods, with the impairment of the value resulting from such handling. If the Seller discovers that the goods have been worn out or damaged for reasons on the part of the Buyer-Consumer, the Seller has the right to return the funds in accordance with Article 5.6 of the GTC upon withdrawal from the Purchase Agreement by the Buyer-Consumer, less the amount equal to the impairment of the value of the goods.
5.8. The Buyer-Consumer is also entitled to withdraw from the Purchase Agreement if the Seller is in delay with the delivery of the goods for transport for the purpose of delivery to the Buyer-Consumer, while the Seller fails to discharge the obligation to deliver the goods for transport within a reasonable grace period specified by the Buyer-Consumer. The Buyer-Consumer is entitled to withdraw from the Purchase Agreement even without a grace period if the Seller refuses to deliver the goods or the Buyer-Consumer notifies the Seller at the execution of the Purchase Agreement that delivery at a certain time is necessary. Following the withdrawal by the Buyer-Consumer under this Article, the Seller will return to the Buyer-Consumer, without undue delay, all cash performance paid by the Buyer-Consumer under the Purchase Agreement.
5.9. If a gift is given to the Buyer-Consumer together with the goods, a contract of donation is entered into between the Seller and the Buyer-Consumer on a condition subsequent that if the Buyer-Consumer withdraws from the Purchase Agreement, the contract of donation regarding such gift ceases to be effective and the Buyer-Consumer is obliged to return the gift to the Seller together with the goods.
6. Transport and delivery of goods
6.1. The method of delivery of goods is determined by the Buyer when placing the Order from among the methods offered by the Seller. Prices for individual delivery methods will be notified to the Buyer when filling in the Order form in the Online Store.
6.2. If it is necessary to deliver the goods repeatedly or otherwise than specified in the Order for reasons on the Buyer’s side, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.
6.3. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier if any defects are identified. In case of damage to the packaging suggesting unauthorised opening of the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the goods was intact.
6.4. If no time of performance is agreed, the Seller will hand over the goods to the Buyer without undue delay after the execution of the Purchase Agreement, but no later than within 30 days. If the Buyer does not take over the goods within this period, the Seller is entitled to payment for warehousing the goods of CZK 250 (two hundred and fifty Czech crowns) for each day or the Seller is entitled to withdraw from the Purchase Agreement.
6.5. If the Seller is to ship the goods to the Buyer, the goods will be delivered to the Buyer at the time they are handed over by the carrier to the Buyer or a person designated by the Buyer. If, however, the carrier is designated by the Buyer without having been offered by the Seller, the goods will be handed over to the Buyer at the moment when the Seller hands them over to the carrier. The Buyer’s rights against the carrier are not affected thereby.
6.6. The purchased digital content is delivered to the Buyer when as soon as it is made accessible. By accepting these GTC, the Buyer agrees that the content will be made available when the price for the purchased digital content is credited to the Seller’s account or to the account of the relevant payment gateway.
7. Rights from defective performance of the Buyer-Consumer
7.1. The rights and obligations between the Seller and the Buyer-Consumer regarding the rights from defective performance, including the Seller’s warranty liability, are governed by applicable laws (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174b of the Civil Code).
7.2. The Buyer-Consumer may claim a defect that appears on the goods within two (2) years of acceptance, unlessagreed otherwise; if the Buyer-Consumer’s claims against the Seller is justified, the period under the previous sentence will not run for the period during which the Buyer-Consumer is unable to use the item. The Seller is liable to the Buyer-Consumer for the goods being free any clear of any defects upon acceptance. In particular, the Seller is liable to the Buyer-Consumer that at the time of acceptance:
- the goods comply with the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
- the goods are suitable for the purpose required by the Buyer-Consumer and agreed by the Seller;
- the goods are supplied with the agreed accessories and instructions for use, including installation instructions.
7.3. Unless the Seller notifies the Buyer-Consumer separately before the execution of the Purchase Agreement that some of the characteristics of the goods differ and unless the Buyer-Consumer expressly agrees to this, the Seller will be liable to the Buyer-Consumer, in addition to the agreed characteristics under Article 7.2 of the GTC, for the goods being:
- suitable for the purpose for which the goods of the given kind are normally used, also considering third-party rights, legislation, technical standards or codes of conduct of the given sector, where there are no technical standards;
- compliant, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, with the usual characteristics of goods of the same kind that the Buyer-Consumer can reasonably expect, also considering public statements made by the Seller or another person in the Seller’s contractual chain, in particular advertising or labelling. The Seller will not be bound by the public statement referred to in the preceding sentence if the Seller proves that it was not aware of it or that it was modified at the time of the execution of the Purchase Agreement in at least a comparable manner to that in which it was made or that it could not have an impact on the purchase decision;
- supplied with such accessories, including packaging and other instructions for use, as the Buyer-Consumer may reasonably expect; and
- compliant in terms of quality or workmanship to a sample or model provided by the Seller to the Buyer-Consumer before the execution of the Purchase Agreement.
7.4. If the Purchase Agreement, the warranty certificate (terms), advertising or packaging of the goods set out different lengths of the warranty period, the longest of the periods will apply.
7.5. The Buyer-Consumer is not entitled to the right arising from defective performance if the defect has been caused by the Buyer-Consumer themselves.
7.6. A defect is not wear and tear caused by normal use or, in the case of a used item, wear and tear reflecting the extent of its previous use.
7.7. If an item has a defect, the Buyer-Consumer may demand its removal. At its option, the Buyer-Consumer may demand the delivery of a new item without defect or the repair of the item, unless the selected method of removing the defect is not feasible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect and whether the defect can be removed by the other method without causing major difficulties to the Buyer-Consumer.
7.8. The Seller may refuse to remedy the defect if it is impossible or unreasonably expensive to do so, particularly in view of the significance of the defect and the value the item would have without the defect.
7.9. The Seller will remedy the defect within a reasonable period after it has been notified to the Seller so as not to cause any major difficulties tot the Buyer-Consumer, taking into account the nature of the item and the purpose for which the Buyer-Consumer purchased the item.
7.10. The Seller will take over the item for the purpose of removing the defect at its own expense.
7.11. If the Buyer-Consumer does not accept the item within a reasonable period after they have been notified by the Seller that the item is available to be taken over after repair, the Seller has a right to a fee for warehousing; if the parties do not agree on its amount, the fair market value will apply as agreed.
7.12. The Buyer may demand a reasonable discount or withdraw from the Agreement if:
- the Seller has refused or failed to remedy the defect in accordance with Articles 7.7 and 7.8. of the GTC;
- the defect occurs repeatedly;
- the defect is a material breach of Agreement; or
- it is clear from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable period or without major difficulties for the Buyer-Consumer.
7.13. The reasonable discount will be determined as the difference between the value of the item without defect and the defective item received by the Buyer-Consumer.
7.14. The Buyer-Consumer may not withdraw from the Agreement if the defect is insignificant; the defect is deemed not to be insignificant.
7.15. If the Buyer-Consumer withdraws from the Agreement, the Seller will return the purchase price to the Buyer-Consumer without undue delay after it receives the item or after the Buyer-Consumer proves that the item has been dispatched.
7.16. The provisions set out in this Article 7 of the GTC above will not apply to goods if:
- the defect already existed at the time of acceptance and a discount on the purchase price is agreed for such a defect;
- the defect was caused by the Buyer-Consumer and was caused by mishandling or mistreatment of the goods;
- the defect was caused by excessive loading or use in conditions other than those appropriate to the goods;
- the defect was caused by the Buyer-Consumer and was caused by improper use, storage or improper maintenance in violation of the Seller’s and manufacturer’s instructions or other intervention by the Buyer-Consumer or mechanical damage; or
- the defect was caused by an external event beyond the Seller’s control.
7.17. The Buyer-Consumer acknowledges that if the goods are delivered by mail order service or another carrier, the Buyer-Consumer is obliged to check whether the packaging of the shipment and adhesive tapes are intact and, in the case of doubt that the shipment has defects, the Buyer-Consumer has the right to refuse to accept an incomplete or damaged shipment.
7.18. The Seller shall be liable for defects in the digital content that were present when the digital content was made available. The provisions of Articles 7.2 and 7.3 of the GTC will apply to digital content by analogy; in addition, the Seller will be liable to the Buyer-Consumer for compliance of the digital content with the trial version or preview made available by the Seller before the execution of the Purchase Agreement. The Buyer-Consumer is entitled claim defects against the Seller that appear in the digital content within two years of its availability. The provisions of Sections 2389l to 2389p of the Civil Code apply to the rights of the Buyer-Consumer from defective performance of digital content. In particular, the Buyer-Consumer has the right to demand the removal of a defect in the digital content, unless this is impossible or unreasonably costly. The Buyer-Consumer may also claim a reasonable discount or withdraw from the Purchase Agreement if the Seller has not remedied the defect of the digital content, or the defect occurs after it has been removed or the defect is a material breach of the Agreement.
8. Warranty and Return Policy for the Buyer-Consumer
8.1. The Buyer-Consumer is obliged to claim the defect without undue delay after they had the opportunity to inspect the goods or digital content and could have detected the defect with sufficient care, either by marking the defect or by notifying how the defect manifests itself. The Buyer-Consumer is obliged to notify the Seller of the choice of their right in relation to defects in the goods or digital content at the same time as the defects are claimed or without undue delay thereafter.
8.2. The Buyer-Consumer has the right to file a complaint with the Seller, at any of its premises where the complaint may be accepted considering the range of the Seller’s goods, or at its headquarters; however, if another person is designated to carry out the repair that is situated at the Seller’s location or at a location closer to the Buyer-Consumer, the Buyer-Consumer will claim the defect against the person designated to carry out the repair. The Buyer-Consumer has the right to file a complaint also by mail or electronically to the address of the Seller. The Buyer-Consumer is obliged to prove that they have the right to file a complaint, in particular to prove the date of purchase, either by submitting a sales document, a warranty certificate or in another credible way.
8.3. The Seller is obliged to provide the Buyer-Consumer with a written confirmation containing the date when the Buyer-Consumer filed the complaint, the content of the complaint, the method of dealing with the complaint required by the Buyer-Consumer and the contact details of the Buyer-Consumer for the purpose of providing information regarding the handling of the complaint.
8.4. Complaints, including the removal of defects, must be dealt with and the Buyer-Consumer must be notified thereof within thirty (30) days of the date of the complaint, unless the Seller and the Buyer-Consumer agree on a longer period. If the Seller does not deal with the complaint within the specified period and does not inform the Buyer-Consumer of the manner of its handling, the Buyer-Consumer is entitled to withdraw from the Purchase Agreement or claim a reasonable discount on the purchase price.
8.5. The Seller is obliged to provide the Buyer-Consumer with a confirmation of the date and method of handling the complaint, including confirmation of the repair, and the duration thereof, or a written justification for the rejection of the complaint.
9. Rights from defective performance of the Buyer-Entrepreneur
9.1. The rights and obligations between the Seller and the Buyer-Entrepreneur regarding the Seller’s liability for defects are governed by applicable laws (in particular the provisions of Sections 2099 et seq. of the Civil Code).
10. Special provisions governing digital content
10.1. In particular, the provisions of Articles 2 to 4 of these GTC will also apply mutatis mutandis to the digital content which the Seller, as the provider, undertakes to make available to the Buyer, as the user, for use for their own purposes.
10.2. The purchased digital content is made available to the Buyer once after payment of the purchase price. The digital content is made available for personal use only through the Seller’s website. All other rights to digital content are reserved. In particular, the Buyer is not entitled to reproduce, resell, communicate to the public, share with a third party or make the digital content available for use in any manner by another person.
10.3. The digital content in the form of audio-visual content (in particular video tours) is provided without the right to any updates or additional support services, provided that it will be made available to the authorised Buyer for online playback (also repeated) in the relevant section of the Seller’s website. The content will be available for at least two years after purchase. To play the digital content, a regular updated web browser with an activated Java-script enabling playing audio-visual content is sufficient.
11. Other rights and obligations of the parties
11.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
11.2. The Buyer acknowledges that the software and other components forming the web interface of the Online Shop (including photographs of the goods or digital content offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow them or third parties to make an unauthorised interference with or use of the software or other components of the web interface of the Online Shop.
11.3. In using the web interface of the Online Shop, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the Internet Shop. The web interface of the Online Shop may be only used to the extent that is not detrimental to the rights of other customers of the Seller and that is consistent with its purpose.
11.4. The Buyer acknowledges that the Seller is not liable for errors resulting from third-party interventions in the Online Shop or from the use of the Online Shop contrary to its purpose.
11.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
12. Data protection
12.1. As the controller of the personal data it processes in connection with the provision of services and the sale of goods or digital content under the GTC, the operation of the website and in connection with any other business activity, the Seller undertakes to keep and process such personal data in accordance with applicable and effective laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, oon 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 (the “GDPR”) and in accordance with Act No. 110/2019 Sb, on Personal Data Processing, as amended.
12.3. The Buyer acknowledges that the Seller is entitled to send information related to the goods, digital content, services or business of the Seller (commercial communication) to the Buyer’s e-mail address. The Buyer may withdraw this consent at any time.
12.4. Supervision of personal data protection is carried out by the Czech Office for Personal Data Protection.
13. Final provisions
13.1. If the relationship related to the use of the Online Shop or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that this contractual relationship is governed by Czech law, excluding the application of the UN Convention on Contracts for the International Sale of Goods. All disputes will be resolved by the parties primarily by agreement, and where this is not possible, then before the court of the Czech Republic having competent jurisdiction. This does not affect the rights of the Buyer-Consumer arising from generally binding legal regulations.
13.2. The Seller is authorised to sell goods or digital content under a trade licence and the Seller’s activities are not subject to any other authorisation. Trade inspection is carried out by the competent trade licensing authority as part of its powers.
13.3. The Buyer-Consumer may refer to existing out-of-court consumer dispute resolution systems or to the court having competent jurisdiction. The supervisory authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2. More information on out-of-court resolution of consumer disputes is available on the website of the Czech Trade Inspection Authority at www.coi.cz.
13.4. 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-Consumer arising from the Purchase Agreement concluded by electronic means.
13.5. 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 consumer ODR) is the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.
13.6. If any provision of the GTC is or becomes invalid or ineffective, the validity of the other provisions of the GTC will remain unaffected. Changes and amendments to the Purchase Agreement or the GTC require a written form.
13.7. The Purchase Agreement including the GTC is archived by the Seller in electronic form and is not accessible.
13.8. Seller’s contact details: delivery address BigMedia, spol. s r.o, Na strži 2097/63, Krč, Prague 4, postcode: 140 00, ID NO: 264 79 451, e-mail address firstname.lastname@example.org, phone +420 246 085 192. Unless agreed otherwise, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, either by e-mail, in person or by registered mail through a postal service provider (at the sender’s choice). The Buyer may be served at the Buyer’s E-Mail Address. The Seller is not liable for incorrect or outdated data provided in the Buyer’s User Account. The Buyer may deliver notices to the Seller to the above e mail address, but only from the Buyer’s E-Mail Address.
BigMedia, spol. s r.o.
Ing. Richard Fuxa, Executive Director