Terms and Conditions

TERMS AND CONDITIONS

Terms and Conditions of the E-shop Operated by the National Gallery in Prague

1. Introductory provisions

These terms and conditions shall govern purchases from the online store (e-shop) at https://shop-en.ngprague.cz operated by the National Gallery in Prague, a state-subsidized organization established by National Gallery Act no. 148/1949 Coll., with its registered office at Staroměstské nám. 12, 11015 Praha 1, reg. no. (in Czech: IČ): 00023281, VAT ID (in Czech: DIČ): CZ00023281 (hereinafter referred to as the “Seller” and/or “Operator”). The purpose of these Terms and Conditions is to set out and specify the rights and obligations between the Seller and the Buyer.

2. Order and purchase contract execution

The presentation of the goods on the site at https://shop-en.ngprague.cz shall not be deemed a binding proposal to enter into a purchase contract.

The draft purchase contract shall be constituted by a purchase order for specific goods, completed by the Buyer and sent to the Operator. By duly completing the purchase order (i.e. by entering all the mandatory data and particulars specified into the order form), the Buyer accepts these Terms and Conditions and the price of the ordered goods, including any dispatching and shipping costs effective at the time of making and sending the purchase order.

The prices shown at https://shop-en.ngprague.cz shall always be current, valid and final, net of VAT. Delivery costs are calculated separately depending on the type of transport selected. A Buyer who is a VAT collector in another EU country will be charged the price excluding VAT, if they fill the tax identification number (VAT number) in the order form. The tax is then paid by the Buyer under the reverse charge mechanism.

Upon receipt of the duly completed order, the Buyer will be sent an e-mail with order receipt confirmation. Thereafter, the order will be handed over for dispatch.

The purchase contract shall be concluded when the Buyer receives an e-mail confirming the execution of the order and the goods are dispatched for transport. The mutual rights and obligations between the Seller and the Buyer as set out in the purchase contract and these Terms and Conditions shall apply from this moment.

The goods shall remain the property of the Operator until they are fully paid for and taken over; the risk of damage to the goods shall be transferred to the Buyer upon receipt of the goods.

3. Delivery and payment terms

Ways of delivery:

Domestic:

• by hand at the Prague Trade Fair Palace: free of charge
• delivery by Der Kurier (shipping company): according to Der Kurier’s price list
• /goods can be sent using Cash on Delivery/ (postage and handling)

Other European countries:

• delivery by Der Kurier: according to Der Kurier’s price list /goods cannot be sent using Cash on Delivery/ (postage and handling)

Non-European countries

• shipping of goods by the Czech Post: price according to the Czech Post price list /goods cannot be sent using Cash on Delivery/ (postage and handling)

The costs of postage and handling which the Buyer will opt for in the purchase order shall be borne by the Buyer and such costs are governed by the current price list of the shipping company. The price of the goods including the above costs shall be stated on the Operator's web portal, and as such it is known to the Buyer in advance.

Delivery:

Domestic: delivery of goods by der Kurier /consignment dispatch/collection days: Tuesday and Thursday/

Other European countries: delivery to Austria, Germany: within 3 days from dispatching goods for transport, other European countries: within 7 days from dispatching goods for transport.

Non-European countries: delivery of goods according to the terms and conditions of the Czech Post:

1/ Priority transport: within 7 days from dispatching goods for transport

2/ Standard transport: within 90 days from dispatching goods for transport

A list of non-European countries to which the seller supplies the goods is listed on the Operator’s website /e-shop/.

 

Terms of payment for orders from the Czech Republic:

1. Payment by credit/debit card: after the order is created, the Buyer will be redirected to a secure payment gateway, where they can enter the required data. If the transaction is authorized, the payment will be made immediately, and the goods shipped as soon as possible. This payment method shall be considered an advance payment of the purchase price.
2. Cash on delivery: the Buyer shall pay the price including shipping/handling costs in cash upon receipt of the goods from the Der Kurier shipping company.
3. Payment upon delivery by hand: the payment shall be made in cash or by credit card upon receipt of the goods at the Operator's e-shop distribution point at the Prague Trade Fair Palace after confirmation by the Operator that the goods are ready to be picked up.
4. Payment by wire transfer: the Buyer shall pay the price including shipping costs by wire transfer from the Buyer's bank account to the Operator’s account no. 50008-0008839011/0710 held with the CNB. Upon receipt of the order, the Operator shall send to the Buyer a pro-forma invoice. The goods shall be paid by the Buyer before their shipment; otherwise, the goods will not be dispatched by the Operator.
5. Payment based on a commercial invoice: available only to schools, libraries and state, regional and city institutions, business companies. The ordered goods shall also be delivered to the Buyer with a delivery note, an invoice to be issued later. The order must contain the company ID, VAT number and billing and/or delivery address of the Buyer.

 

Terms of payment for orders from foreign countries:

 

1. Payment by credit/debit card: after the order is created, the Buyer shall be redirected to a secure payment gateway, where they can enter the required data. If the transaction is authorized, the payment will be made immediately and the goods dispatched at the earliest shipping date of der Kurier, or – for non-European countries – on the following day by the Czech Post. This payment method shall be deemed an advance purchase price payment.

 

2. Payment by Wire Transfer: after the order will have been sent, a pro-forma invoice for the goods shall be issued to the Buyer. The Buyer shall pay for the goods before their shipment; otherwise, the goods shall not be dispatched to the Buyer. The order for the goods must include: IBAN: CZ27 0710 0345340008839011, SWIFT code: CNBACZPP.

 

The Buyer shall choose the method of delivery and payment terms in the order form. The goods will be sent exclusively in the manner and to the delivery address specified by the Buyer in the purchase order. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the purchase order, the Buyer shall pay the costs associated with repeated delivery or with the alternative delivery method, respectively.

Information provided by the Buyer in the order is binding. In the event of any incorrect data provided by the Buyer in the name, delivery address, electronic address and telephone number, the Seller shall not be responsible for non-delivery of the goods to the Buyer.

4. Warranty conditions

Unused consumer goods purchased by a Buyer from the Operator’s e-shop are covered by a two-year warranty to the extent specified by the Civil Code, as amended. The warranty period shall commence on the handover date of the goods.

5. Withdrawal from contract

Pursuant to the provisions of Sec 1829 of the Civil Code, the Buyer who is a consumer and has concluded a contract with the Seller through the e-shop at https://shop-en.ngprague.cz has the right to withdraw from the contract without giving reasons, within 14 days from receipt of the goods (except for audio or video recordings, such as CDs, DVDs, with damaged packaging and items that will be returned damaged without claiming a defect).

A notice of withdrawal from the purchase contract, including the order number, shall be served by the Buyer in the form of an unambiguous statement, delivered by hand or by mail to the Operator's address as follows: National Gallery in Prague, Publications Warehouse, Dukelských hrdinů 47, 170 00 Prague 7. The goods cannot be sent back to the Operator using cash on delivery.

Should the Buyer withdraw from the contract, they shall send or hand over to the Seller without undue delay, no later than within 14 days from the withdrawal, the goods received from the Seller, in undamaged packaging and undamaged. The time limit shall be deemed to have been observed if the goods are sent back before the expiry of the 14-day time limit. The cost of returning the goods shall be borne by the Buyer. If the returned goods are damaged as a result of a breach of the Buyer's obligation, the Seller shall be entitled to claim the decreased value of the goods against the Buyer and deduct the claim from the refunded amount.

If the Buyer withdraws from the contract, the Seller shall not be obliged to refund the money received to the Buyer before the Buyer delivers the goods back to the Seller.

6. Complaint procedure

The Buyer shall inspect the delivered goods upon receipt and check their properties and the delivered quantity.

Defective goods can be claimed without undue delay, no later than within 3 days from the date of receipt, i.e. from the date on which the Buyer discovered the defect or could detect it with timely inspection and due care. If it is a hidden defect, the Buyer shall raise a complaint without undue delay after the Buyer could have found the defect when exercising due care, but no later than two years from receipt of the goods.

Defective goods can be claimed in the following ways:

1. by e-mail at the Operator's address obchodni@ngprague.cz,
2. by mail at the Operator’s address as follows: National Gallery in Prague, Department of Publications Distribution, Dukelských hrdinů 47, 170 00 Prague 7.

The complaint must include the purchase order number, payment receipt and a detailed description of the claimed defect (including pictures, where applicable).

Recognized claims shall be settled within 30 days of delivery by replacement of the defective goods or by payment refund.

7. Privacy protection

The Operator represents and warrants that all personal data shall be treated as confidential, shall only be used for the performance of the contract with the Customer and marketing activities of the Seller, shall not be disclosed, provided to any third party etc. except in the case of distribution or payment services related to the goods ordered. Personal data voluntarily provided by the customer to the Operator for the purpose of fulfilling the order and for marketing activities pursued by the Operator shall be collected, processed and stored pursuant to Personal Data Processing Act No. 110/2019 Coll., as amended.

8. Closing Provisions

Contractual relations between the Buyer and the Operator shall be governed by the Civil Code and, when the Buyer is a consumer, by the Consumer Protection Act, as amended. The contractual relations between the Buyer and the Operator shall be governed by the above acts even if the relations related to the use of the web interface of the online store or the legal relations established by the contract contain an international (foreign) element.

The Parties hereto agree to settle any disputes amicably. If the parties fail to find an amicable agreement, the resolution of such a dispute shall be subject to the jurisdiction of Czech courts, even if the other party is not a citizen (resident) of the Czech Republic. The court in whose district the Seller has its registered office has local jurisdiction over the proceedings in the first instance, according to its jurisdiction in rem. In the case of relations with an international element, the exclusive jurisdiction of the Czech courts is agreed for property or other disputes, with the first instance court being the locally competent court in whose district the Seller has its registered office, according to its jurisdiction in rem.

These Terms and Conditions shall become the binding content of all purchase contracts between the Buyer and the Operator executed via the e-shop at https://shop-en.ngprague.cz. By sending the order, the Buyer confirms that they have read and understood all the terms and conditions and accept them without reservation.

The Seller shall be entitled to amend and/or change these Terms and Conditions at any time. The Buyer shall be bound by the wording of the terms and conditions valid at the time of execution of the purchase contract.

In the event that any provision of these Terms and Conditions proves invalid or ineffective, or some provisions are missing, the remaining provisions of the Terms and Conditions remain unaffected. The invalid, ineffective or missing provision shall be replaced with a provision of a generally binding legal regulation which, by its nature and purpose, is closest to the intended purpose of the Terms and Conditions or, in the absence of such a provision, with the established way of addressing such issues in legal relations.

These Terms and Conditions came into force on 24. 4. 2020