GENERAL TERMS AND CONDITIONS
of the

Monastery of the Infant Jesus of Prague
(in Czech language: Klášter Pražského Jezulátka),

Karmelitská 385/9,

ID: 61381683,

zapsaný v Rejstříku evidovaných právnických osob Ministerstva kultury ČR pod číslem 8/2-25-001/1994.

Živnostenský list ev. č. 310001-0129697

  1. SCOPE OF APPLICATION

    1. The following General Terms and Conditions (hereinafter “T&C’s”) govern all contracts concluded between Klášter Pražského Jezulátka, address: Karmelitská 385/9, ID: 61381683 (hereinafter “Seller“) and the customer regarding goods and gift articles (hereinafter “products“) offered at www.pragjesu.cz

    2. These T&C’s are not taken into consideration when the customer is a business entity purchasing the products for its further business operations.

    3. The following terms and conditions, the privacy policy and the order confirmation constitute the entire agreement made by Seller and the customer (hereinafter also “you”). Differing or additional provisions of the customer do not apply, even if Seller does not object to them explicitly. Contractual languages are Czech and English.

    4. This T&C’s are available for viewing in pdf format and can be saved. The customer is entitled to print out the T&C’s.

  1. SUBJECT OF PERFORMANCE, CONCLUSION OF CONTRACT 

    1. At www.pragjesu.cz Seller offers products for purchase. The presentation and advertisement of the products is non-binding and does not constitute a binding offer to conclude a contract of sale.

    2. The customers can place an order as guest without registration. The customers insure that all data (e.g. name, address, email address, bank details) entered when ordering is correct and that they have not used data of a third party.

    3. To order a product the customers first choose the article by clicking the appropriate buttons. This process does not constitute a contractual offer. The desired product will merely be booked. Even when the button “CONTINUE” is clicked, the offer is still not binding. Here the customers enter their order details (invoice address, delivery address, delivery type, type of payment e.g.).

    4. The customers only make a binding offer to conclude a contract of sale by clicking the button “CONFIRM”. Before placing the order, the customers are provided with the summary of  the content of the order (including product name, unit amount, price, postage costs) and  their ordering data  on a separate web page and will have chance to change them.

    5. On receipt of the order the customers will receive an automatically generated email from Seller confirming the receipt of the order and its content. The receipt confirmation does not constitute the acceptance of the contract. The contract is only then concluded when an order confirmation or the product itself has been sent to the customer.

    6. Seller will only enter into contractual negotiations with major persons who are also legally competent.

  1. PAYMENT AND PRICE

    1. All prices are in Euros or Czech Crowns.

    2. Seller accepts the following payment terms:

  1. Payment by bank card via an online payment portal;

  2. Online transfer via an online payment portal.

    1. In the case of payments by online transfer the product will be delivered once payment has been received.

    2. The goods shall remain the property of Seller until full payment is made.

    3. The prices of the products are apparent from the presentation of the products. All prices are gross prices including the respective statutory VAT or Sales Tax valid at the time of order. Delivery costs are excluded.

    4. Delivery costs are calculated separately. A list of the delivery charges is made available on the e-shop web page.

    5. Before the customer places the order, the total price of the order including VAT and postage and packaging is shown to the customer on a separate web page summarising his order.

  1. RIGHT OF REVOCATION

    1. Within fourteen days you are entitled to revoke your contractual declaration without giving reasons in text form  (e.g. letter or email) or – if the product has been delivered before the laps of that time – by returning the goods.

    2. You must return the goods whole, with complete documentation, undamaged, clean, preferably with the original packaging, in the condition and value of the goods received. In the event that the returned goods are incomplete or damaged, the Seller may reduce the refunded purchase price by a corresponding amount. Money for returned goods will be returned to you within 30 days from the effective revocation of the contract.

    3. If your decide to withdraw from the contract within the above stated period, we recommend speeding up the process by delivering the goods to the address of Seller, along with an attached cover letter possibly giving the reason for withdrawing from the purchase contract (although it is not a condition), stating the number of the purchase document and the bank account number to which the amount is to be sent.

    4. Please note that the right of revocation does not apply to the following goods: (1) audio and video recordings (e.g. CD’s, DVD’s), where the seal of the data carriers has been broken by the consumer, (2) with regard to goods which due to their nature cannot be returned.

  1. DELIVERY

    1. The product is delivered by Seller delivery service to the delivery address stated by the customer.

    2. If Seller despite of a careful inspection of the stock only realises that the product ordered by the customer is not available when processing the order, the customer will be informed by email and the contract is not concluded. If Seller has already accepted the offer of a contract by confirming the order, Seller is entitled to revoke the agreement. Any payments made will be reimbursed immediately.

    3. The delivery times stated when presenting and advertising the products are approximate figures. Therefore, they are to be regarded as only approximately agreed upon. If delivery is delayed for reasons for which Seller is not to blame (force majeure, third party liability etc.), the deadline of delivery shall be extended. The customer will be informed of this immediately. If the projected deadline for delivery is exceeded by more than four weeks, each party is entitled to revoke the contract.

    4. You are recommended to check the condition and the contents of the shipment according to the enclosed packing slip immediately upon delivery, together with the carrier. You are entitled to refuse to accept a shipment which is not in agreement with the purchase contract if, for example, it is incomplete or damaged. If the buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the hand-over protocol of the carrier.

    5. Notification of an incomplete or damaged shipment must be sent without delay to the eshop@pragjesu.cz email address, or a damage protocol must be written with the carrier and sent without undue delay by fax, email, or postal service to Seller. Later claims of incompleteness or external damage of the shipment does not take away the right of your to claim a refund, but it does give Seller the opportunity to prove that there is no conflict with the purchase contract. 

  1. GUARANTEE, LIMITATION OF LIABILITY

    1. With regard to material and legal defects of the product, Seller shall be liable in accordance with statutory provisions. Warranty claims shall be statute-barred two years after the customer has received the product.

    2. Seller shall be liable without limitation for damages due to intent or gross negligence on part of Seller, its legal representatives or persons whom Seller uses to perform its obligation. To the extend the breach of contract is unintentional the liability of Seller shall be limited to typically foreseeable damages at the conclusion of the contract for ordinary negligent breach of such duties arising from the contractual relationship that make the proper performance of the contract possible in the first place, the observance of which the contractual partner may regularly rely on and the violation of which puts the intended purpose of the Agreement at risk (material contractual duties). Any liability not expressly provided for above – including the liability for persons employed in performing an obligation and vicarious agents – shall be disclaimed.

    3. The e-mail order confirmation which has been sent to you at the moment of purchasing the items serves as a warranty document (either printed or sent electronically).

  1. DATA PROTECTION

Seller collects and stores any data necessary for business purposes. When processing the personal data of the customer, Seller applies with the applicable statutory provisions.

  1. APPLICABLE LAW

These T&C’s and the contract between Seller and the customer shall be governed by the laws of the Czech Republic. The Convention on Contracts for the International Sale of Goods does not apply.

  1. SENDING INFORMATORY E-MAILS AND COOKIES POLICY

    1. The customer agrees with informatory e-mails related to the items of purchase, services and company of the Seller sent to its e-mail address.

    2. The customer agrees with saving of so called „cookies“ in his/her computer. In case it is possible to purchase the items without saving cookies, the customer is entitled to withdraw his/her agreement anytime after.

  1. FINAL PROVISIONS

    1. Any changes and supplements to the T&C’s shall require the written form to be effective.

    2. Should any provision of these T&C’s be invalid, this shall not affect the validity of all other provisions of the T&C’s.

    3. Where legally permissible the place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Prague.

    4. The Seller reserves the right to change the T&C’s without prior notice.

    5. Contact information: address for delivery: Monastery of the Infant Jesus of Prague – Souvenirs, Karmelitská 9, 118 00 Prague 1, Czech Republic, EU; e-mail address: eshop@pragjesu.cz;

phone: .+420 257 533 646.

Prague, October 21, 2014Klášter Pražského Jezulátka

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