GENERAL TERMS AND CONDITIONS
BIGMEDIA, SPOL. S R.O.
1. INTRODUCTORY PROVISIONS
1.1. The following General Business Terms and Conditions (hereinafter referred to as the “GTC”) of BigMedia, spol. s r.o., with its registered office at Na strži 2097/63, Krč, Prague 4, Postcode: 140 00, Company ID No.: 264 79 451, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 84907 (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the Parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) entered into through the Seller’s e-shop located on the www.imucha.com/eshop website (hereinafter referred to as the “E-shop”) between the Seller and (i) an individual who does not act in a commercial or other business interest when entering into a Purchase Contract (hereinafter referred to as the “Buyer (Consumer)”) or (ii) an individual or legal entity who acts in a commercial or other business interest when entering into a Purchase Contract (hereinafter referred to as the “Buyer (Business)”). These GTC regulate certain rights and obligations differently for a Buyer (Consumer) and for a Buyer (Business). If any rights and obligations are regulated in the same way for both a Buyer (Consumer) and a Buyer (Business), these entities shall hereinafter be collectively referred to as the “Buyer”.
1.2. Rights and obligations between a Buyer (Consumer) and the Seller, including the matter of warranty claims, shall be governed by these GTC and, to any extent that is not regulated by these GTC, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the “Consumer Protection Act”).
1.3. Rights and obligations between a Buyer (Business) and the Seller, including the matter of claims for a defective performance, shall be governed by these GTC and, to any extent not regulated by these GTC, in particular by Act No. 89/2012 Coll., the Civil Code, as amended.
1.4. Purchase Contracts between a Buyer (Consumer) and the Seller are concluded upon the delivery of a binding Order from the Buyer (Consumer) to the Seller via the E-shop. From that moment, mutual rights and obligations are established between the Buyer (Consumer) and the Seller.
1.5. Purchase Contracts between the Buyer (Consumer) and the Seller are consumer contracts in the sense of Section 1810 of the Civil Code.
1.6. Purchase Contracts between a Buyer (Business) and the Seller are concluded when the Seller confirms a binding Order from the Buyer (Business). From that moment, mutual rights and obligations are established between the Buyer (Business) and the Seller.
1.7. The GTC further regulate the rights and obligations of the Parties when using the Seller’s E-shop and other related legal relationships.
1.8. Purchase Contracts may include provisions that derogate from the GTC. Any derogating provisions in a Purchase Contract shall prevail over the provisions of the GTC.
1.9. The provisions of these GTC form an inseparable part of a Purchase Contract.
1.10. When entering into a Purchase Contract through the E-shop, the Purchase Contract may only be concluded in Czech, and the GTC are also drawn up in Czech. However, the Seller also operates an English-language version of the E-shop located at the address www.imucha.com/eshop/en, through which Purchase Contracts can be concluded in English; the English version of these GTC is also available at this address.
1.11. The Seller may amend or supplement the GTC. This provision is without prejudice to any rights and obligations that resulted from the previous version of the GTC during the effective period thereof.
2. User account
2.1. After registering for the E-shop, Buyers will have access to the user interface. From this user interface, Buyers can place orders for goods (hereinafter referred to as “User Account”). If the E-shop interface makes it possible, Buyers can also place orders for goods directly from the E-shop interface without registration.
2.2. When registering for the E-shop and when ordering goods, Buyers must provide correct and true information for all the requested data. If the data specified in the User Account changes, Buyers shall be obliged to update them before entering into any further Purchase Contracts. The Seller regards the data that the Buyer enters into the User Account and when ordering goods as correct.
2.3. Access to the User Account is protected by a combination of a user name and a password. The Buyer shall be obliged to keep the information necessary for access to its User Account secret, and acknowledges that the Seller shall not be held liable for a breach of this obligation by the Buyer.
2.4. Buyers must not allow third parties to use their user account.
2.5. The Seller may terminate a User Account particularly if the Buyer has not used the Account for more than one month, or if the Buyer violates the obligations defined in a Purchase Contract (including obligations ensuing from the GTC).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to essential maintenance of the Seller’s hardware or software, or essential maintenance of third-party hardware or software.
3. Concluding a Purchase Contract
3.1. The E-shop contains a list of goods offered for sale by the Seller, including the prices of the individual offered goods. Prices are specified including value-added tax and do not include the costs for transport of the goods to the Buyer. The offer of goods and the prices of those goods shall remain valid for the entire period of time that they are displayed in the E-shop. This provision shall not prevent the Seller from concluding a Purchase Contract under individually arranged terms and conditions.
3.2. The Seller’s E-shop sells various consumer items featuring motifs by Alfons Mucha, such as reproductions of Mucha’s posters or scarves, posters, clothes, books and porcelain featuring prints that reproduce works by Mucha.
3.3. All presentations of goods located on the E-shop web interface are informative in nature and the Seller is under no obligation to enter into a Purchase Contract for such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.4. As well as the prices of the goods themselves, the E-shop web interface also includes information on packaging and shipping costs. The Seller can deliver goods worldwide.
3.5. To place an order, the Buyer shall fill in an order form in the E-shop. The order form will particularly contain information on:
3.5.1. the goods ordered (the Buyer shall “put” the ordered goods into an electronic shopping basket of the E-shop web interface);
3.5.2. the payment method for the purchase and the desired means of delivery of the ordered goods;
3.5.3. costs connected with the delivery of the goods (hereinafter collectively referred to as the “Purchase Order”).
3.6. Prior to sending a Purchase Order to the Seller, the Buyer shall be able to check and alter the information specified in the Purchase Order, so that the Buyer has the opportunity to find and correct any errors made when entering data into the Purchase Order form. The Buyer shall send the Purchase Order to the Seller by clicking on “SEND”. The Seller shall consider the data included in the Purchase Order correct. After receiving a Purchase Order, the Seller shall confirm receipt to the Buyer by sending an e-mail to the Buyer's e-mail address provided in the user interface or in the Purchase Order (hereinafter referred to as the “Buyer's E-mail Address”).
3.7. The Buyer agrees to the use of remote means of communication to conclude a Purchase Contract. Costs that the Buyer incurs in relation to using remote means of communication when concluding a Purchase Contract (the costs of an internet connection or phone calls) shall be borne by the Buyer.
4. Price of the goods and terms of payment
4.1. The Buyer can pay the Seller for the goods and pay any costs related to the delivery of the goods pursuant to the Purchase Contract in one of the following ways:
• For payments in CZK
• by bank transfer to the Seller’s bank account, Acc./No. 1387413532/2700 kept by UniCredit Bank Czech Republic, a.s.
• by payment card on-line via the GP Webpay payment gateway
• cash on delivery (applies to the Czech Republic only).
• For payments in EUR
• by bank transfer to the Seller’s bank account, Acc./No. 2111258855/2700 kept by UniCredit Bank Czech Republic, a.s.
• by payment card on-line via the GP Webpay payment gateway.
4.2. Together with the purchase price, the Buyer shall also be obliged to pay the Seller costs related to packaging and shipping of the goods in the agreed amount. Unless expressly specified otherwise, the purchase price shall also be understood to include the costs of delivery.
4.3. In the event of a C.O.D. payment, the purchase price shall be due upon takeover of the goods. In the case of a bank transfer, the purchase price shall be payable within 7 days of concluding the Purchase Contract.
4.4. When paying by bank transfer, the Buyer must also state the correct variable symbol (payment code), which the Seller shall communicate to the Buyer, when making the payment. The Buyer’s payment obligation shall be considered fulfilled at the moment that the correct amount is credited 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 once full payment has been made.
4.6. Potential discounts on the price of the goods provided to the Buyer by the Seller cannot be combined.
4.7. If it is customary in business relationships, or if it is determined by generally binding legislation, the Seller shall issue an invoice to the Buyer for the payment to be made under the Purchase Contract. The seller shall issue the invoice to the Buyer following the payment of the price for the goods, and shall send it in electronic form to the Buyer’s E‑mail Address.
4.8. The above-specified invoice also serves as a warranty certificate.
5. Withdrawal from a Purchase Contract – Buyer (Consumer)
5.1. The Buyer (Consumer) acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods modified according to the wishes of the Buyer (Consumer) or for their person, nor for goods that are subject to perishability, wear and tear or obsolescence; it is also not possible to withdraw from a Purchase Contract for audio and video recordings and computer programs if the Buyer (Consumer) has opened or damaged the original packaging, and from Purchase Contracts for the supply of newspapers, periodicals and magazines.
5.2. Except for the cases referred to in Article 5.1. of the GTC or other cases where it is not possible to withdraw from a Purchase Contract, the Buyer (Consumer) is entitled to withdraw from a Purchase Contract in accordance with Section 1829(1) of the Civil Code within fourteen (14) days of receiving the goods, and in the case that the subject matter of the Purchase Contract is several types of goods or the delivery of several parts, this period shall begin to run from the date of receipt of the last delivery. The Buyer shall send notice of withdrawal from the Purchase Contract to the Seller’s address specified in Article 12 of the GTC within fourteen (14) days of taking over the goods.
5.3. In the event of withdrawal from a Purchase Contract pursuant to Article 5.2. of the GTC, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Purchase Contract. The goods returned to the Seller must not be damaged or worn out, and shall be returned in the original packaging if possible. If the Buyer (Consumer) withdraws from a Purchase Contract, the Buyer (Consumer) shall bear the costs related to returning the goods to the Seller; this shall also apply if the goods cannot be returned by ordinary post due to their nature.
5.4. Within a time limit of fifteen (15) days after the Buyer (Consumer) returns goods pursuant to Article 5.3. of the GTC, the Seller is entitled to examine the returned goods, particularly in order to determine whether or not they have been damaged, worn or partially used.
5.5. In the event of withdrawal from a Purchase Contract pursuant to Article 5.2. of these GTC, the Seller shall refund the paid amount to the Buyer (Consumer) within ten (10) days of the end of the period for examining the goods pursuant to Article 5.4. of these GTC, and shall do so by bank transfer to an account specified by the Buyer (Consumer). The Seller shall also be entitled to reimburse the payment made by the Buyer (Consumer) immediately after the Buyer (Consumer) returns the goods, or in a different manner if the Buyer (Consumer) agrees and incurs no additional costs. This provision shall be without prejudice to the Seller’s right to unilaterally set-off an amount ensuing from Article 5.6. of the GTC below, and potentially to exercise the right of retention pursuant to Section 1395 et seq. of the Civil Code. If the Buyer (Consumer) withdraws from a Purchase Contract, the Seller shall not be obliged to return the received payment before the Buyer (Consumer) returns the goods or proves that they have already sent the goods to the Seller.
5.6. The Buyer (Consumer) acknowledges that if the returned goods are damaged, worn out or partially used, or are not returned within the time limit pursuant to Article 5.3, the Seller shall become entitled to receive compensation for the damages incurred from the Buyer (Consumer). The Seller shall be entitled to unilaterally set off the damages against the Buyer’s (Consumer’s) entitlement to a refund of the purchase price.
5.7. Up until the Buyer (Consumer) takes over the goods, the Seller shall be entitled to withdraw from a Purchase Contract at any time. If the purchase price has already been paid, the Seller shall return the amount to the Buyer (Consumer) without undue delay, and shall do so by bank transfer to a bank account specified by the Buyer (Consumer).
5.8. If the Buyer (Consumer) receives a gift with the goods, a gift agreement is concluded between the Seller and the Buyer (Consumer) with the cancellation condition that if the Buyer (Consumer) withdraws from the Purchase Contract, the gift agreement shall lose its effect, and the Buyer (Consumer) shall be obliged to return the present to the Seller along with the goods.
6. Shipping and delivery of the goods
6.1. The Buyer shall choose the method of delivery of the goods when placing the Purchase Order from the methods offered by the Seller. The prices of the individual delivery methods shall be communicated to the Buyer when filling in the Purchase Order form in the E-shop.
6.2. The Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller shall be entitled to request a storage fee of CZK 250 (two hundred and fifty Czech Crowns) for every day of storage, or to withdraw from the Purchase Contract.
6.3. If it is necessary to deliver goods repeatedly or in a different means than specified in the Purchase Order due to any failure on the part of the Buyer, then the Buyer shall be obliged to pay the costs related to the repeated delivery of the goods or to the different means of delivery.
6.4. After taking over the goods from the carrier, the Buyer shall be obliged to check that the packaging is not damaged; if the Buyer identifies any defects, they must report them to the carrier immediately. If the packaging is damaged in a way that proves unauthorised penetration into the consignment, the Buyer shall not be obliged to take over the consignment from the carrier. By signing the delivery note, the Buyer confirms that the packaging is intact.
7. Rights ensuing from a defective performance of the Buyer (Consumer)
7.1. The rights and obligations of the Seller and the Buyer (Consumer) with regard to an unsatisfactory performance, including the Seller’s warranty liability, shall be governed by generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer (Consumer) for ensuring that the sold goods are not defective at the time of receipt. The Seller is particularly liable to the Buyer (Consumer) for ensuring, at the time of receipt that the goods possess the characteristics agreed upon by the Parties, and in the absence of such an agreement, that the goods possess the characteristics described by the Seller or the manufacturer, or the characteristics expected by the buyer with regard to the nature of the goods and the Seller’s advertising, the Seller is further liable for ensuring that the goods are fit for the purpose indicated by the Seller, or the purpose for which these types of goods are ordinarily used, further that the goods correspond, in terms of quality or workmanship to the agreed sample or template, if the level of quality or workmanship level has been determined using an agreed sample or template, that the goods are provided in the appropriate quantity, size or weight, and that the goods comply with the relevant legal requirements.
7.3. If a defect appears within six months of takeover, the goods shall be considered to have been defective at the time of takeover.
7.4. If the goods are not fungible goods, are perishable goods or used goods exhibiting a defect that corresponds to the degree of use or wear apparent at the time of takeover by the Buyer (Consumer), goods exhibiting wear caused by ordinary use, or goods sold at a discounted price due to a defect, the Seller shall be liable for defects manifested after takeover of the goods and the Buyer (Consumer) shall be entitled to exercise their right ensuing from the defect exhibited by the consumer goods within the time limit according to Paragraph 8.2 of these GTC.
8. Complaints procedure for Buyers (Consumers)
8.1. Claims of Buyers (Consumers) arising from a defective performance, including the Seller’s warranty liability, shall be made by the Buyer (Consumer) at the Seller’s premises at the address Na strži 2097/63, Krč, Prague 4, Postcode: 140 00.
8.2. The period for exercising the rights of Buyers (Consumers) due to a defective performance is set in Section 2165 (1) of the Civil Code at 24 months. The period for exercising rights due to a defective performance shall commence on the date of receipt of the goods.
8.3. The period for exercising the rights of Buyers (Consumers) due to a defective performance in the sense of Section 19 (3) of the Consumer Protection Act shall only be extended by the period from receipt of the goods until warranty repairs are completed and the Buyer (Consumer) becomes obliged to take over the goods, i.e., once the goods have been repaired and the Buyer (Consumer) is able to collect them. In the case of an exchange of goods, the new period shall commence when the replacement goods are received.
8.4. If, when assessing a claimed defect, the Seller discovers that the complaint is not justified, the Seller shall inform the Buyer (Consumer) without undue delay, by no later than 30 days after the complaint is lodged. In the case of a justified claim, the Buyer (Consumer) shall be entitled to reimbursement of costs necessarily invested in connection with exercising the rights arising from the defective performance.
8.5. The thirty-day period for handling a claim shall begin to run on the date following the day on which the claim is lodged by the Buyer (Consumer). If the last day of the time limit falls on a Saturday, a Sunday or a public holiday, then the last effective day of the time limit shall be the nearest subsequent business day.
8.6. If the goods lack the properties specified in Paragraph 7.2 of these GTC, the Buyer (Consumer) may request the delivery of new flawless goods, unless such a requirement is disproportionate to the nature of the defect. If the defect only concerns a part of the goods, the Buyer (Consumer) may only request the replacement of that part. If that is not possible, the Buyer (Consumer) may withdraw from the Purchase contract. However, if this is unreasonable in view of the nature of the defect, particularly if the defect can be remedied without undue delay, the Buyer (Consumer) shall be entitled to removal of the defect free of charge.
8.7. A Buyer (Consumer) shall also have the right to the delivery of new goods or the replacement of a component in the case of a repairable defect, if the goods cannot be used properly due to the repeated occurrence of a defect after repairs, or due to a greater number of defects. In such a scenario, the Buyer (Consumer) shall also be entitled to withdraw from the Purchase Contract.
8.8. If the Buyer (Consumer) does not withdraw from the Purchase Contract, or exercises the right to the delivery of new flawless goods, to the repair of a component, or to the repair of the goods, the Buyer (Consumer) may request a proportionate discount. The Buyer (Consumer) shall also have the right to a proportionate discount if the Seller is unable to deliver new flawless goods, to replace a component, or to repair the Goods, as well as if the Seller fails to remedy the defect within an adequate period of time, or if the remedy of the goods would cause considerable difficulties for the Buyer (Consumer).
8.9. If the goods exhibit a defect that establishes a duty for the Seller and they are goods sold at a discounted price, or used goods, the Buyer (Consumer) shall be entitled to a reasonable discount instead of a replacement.
8.10. The Buyer (Consumer) shall not be entitled to rights from a defective performance if, prior to taking possession of the goods, they knew that the goods were defective, or they caused the defect.
8.11. Claims, including the remedy of defects, must be settled within 30 calendar days, unless a longer period is agreed upon with the Buyer (Consumer). Once a claim has been settled, the Buyer (Consumer) shall receive one copy of a complaint report, which will state how the claim was handled. Any further claims for replaced goods shall be lodged by the Buyer (Consumer) based on this complaint report, which replaces the warranty and delivery note.
9. Rights ensuing from a defective performance towards a Buyer (Business)
9.1. The rights and obligations of the Seller and the Buyer (Business) in terms of the Seller’s liability for defective goods shall be subject to generally binding legislation (in particular Section 2099 et seq. of the Civil Code).
10. Other rights and obligations of the Parties
10.1. The Buyer shall become the owner of the goods upon paying the full purchase price.
10.2. The Buyer acknowledges that the software and other components of the E-shop web interface (including photographs of the offered goods) are copyright protected. The Buyer undertakes not to perform any activities that might allow the Buyer or third parties to wrongfully interfere with or use the software or other parts of the E-shop web interface.
10.3. When using the E-shop web interface, the Buyer is not authorised to use any mechanisms or software, or to perform any other actions that might have a negative impact on the operation of the E-shop web interface. The E-shop web interface may only be used in a scope which is not detrimental to the rights of other customers of the Seller, and which complies with its purpose.
10.4. The Seller is not bound to any codes of conduct in relation to the Buyer as described in the provisions of Section 1826 (1) e) of the Civil Code.
10.5. The Buyer acknowledges that the Seller shall not be held liable for errors caused by interference with the E-shop by third parties, or arising from use of the E-shop contrary to its purpose.
10.6. The Buyer hereby assumes the risk of a change of circumstances in the sense of Section 1765 (2) of the Civil Code.
11. Personal data protection
11.1. As the controller of personal data processed in connection with the provision of services pursuant to these GTC, the operation of the website, and any other relevant business activities, the Seller undertakes to store and process such personal data in accordance with applicable legislation, primarily in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 98/46/EC (hereinafter referred to as the “GDPR”), and in accordance with Act No. 110/2019 Coll., on personal data processing, as amended.
11.2. Information related to handling of personal data is specified in the Principles for Personal Data Processing and in the Guidelines for the Use of Network Identifiers, which are available on the Seller’s website or from its registered office.
11.3. The Buyer consents to receiving information from the Seller relating to the Seller’s goods, services or business, and further to receiving commercial communications from the Seller, and consents to receiving all such communications at the Buyer’s E-mail Address. The Buyer can withdraw their consent to the above at any time.
11.4. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection.
12. Final provisions
12.1. If relationships relating to the use of the E-Shop or if legal relationships established by the Purchase Contract contain an international (foreign) element, the Parties agree that such contractual relationships shall be governed by Czech law, and that any disputes shall primarily be resolved by an amicable agreement between the Parties; if this is not possible, then proceedings shall be referred to the locally competent court of the Czech Republic having jurisdiction in the matter. This provision is without prejudice to the rights of Buyers (Consumers) arising from generally binding legislation.
12.2. The Seller is authorised to sell goods on the basis of a trade licence, and the Seller’s activities are not subject to any other kind of licensing. Inspection of enterprises is performed by the appropriate Trade Licensing Authority within its powers.
12.3. Buyers (Consumers) may refer any consumer disputes to existing systems for out-of-court settlements or, if necessary, to the competent court. The competent supervisory authority is the Czech Trade Inspection Authority, with its registered office at the address Štěpánská 567/15, 120 00 Prague 2. Further information on out-of-court settlements of consumer disputes is available at the website of the Czech Trade Inspection Authority: www.coi.cz.
12.4. If any provisions of these GTC are or become ineffective, this shall not affect the validity of the remaining provisions of the GTC. Revisions and amendments to Purchase Contracts or these GTC must be executed in writing.
12.5. Purchase Contracts, including the GTC, are archived by the Seller in an electronic form and are not accessible.
12.6. Seller’s contact details: mailing address of BigMedia, spol. s r.o, Na strži 2097/63, Krč, Prague 4, Postcode: 140 00, Company ID No.: 264 79 451, e-mail address: firstname.lastname@example.org, phone number: +420 246 085 192. Unless otherwise agreed, any correspondence related to a Purchase Contract must be delivered to the other Party in writing, specifically by e-mail, in person, or by recorded post via a postal service provider (chosen by the sender). Correspondence for the Buyer may be delivered to the Buyer’s E-mail Address. The Seller shall not be liable for any outdated or untruthful data specified in the Buyer’s User Account. The Buyer may send e-mails to the Seller, but only from the Buyer’s E-mail Address.
In Prague, 19 October 2020
BigMedia, spol. s r.o.
Ing. Richard Fuxa, CEO