COMMERCIAL TERMS AND CONDITIONS FOR E-SHOP SALES until 24/01/2022

STÁTNÍ TISKÁRNA CENIN, státní podnik
(STATE PRINTING WORKS OF SECURITIES, state enterprise)

with its registered office at Prague 1, Růžová 6, č.p. 943, Postal Code: 110 00

Identification No.: 00001279

Registered in the Commercial Register maintained by the Municipal Court in Prague, Section A LX, File 296

 

INTRODUCTORY PROVISIONS

  • The present the Commercial Terms and Conditions (hereinafter referred to as the “Commercial Terms”) of the STATE PRINTING WORKS OF SECURITIES, state enterprise, with its registered office at Prague 1, Růžová 6, č.p. 943, Postal Code: 110 00, Identification No.: 00001279, registered in the Commercial Register maintained by the Municipal Court in Prague, Section A LX, File 296 (hereinafter the “Seller”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code as amended (hereinafter the “Civil Code”) mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and the Buyer through the Seller’s e-shop. The e-shop is operated by the Seller through a website on  https://eshop.stc.cz (hereinafter the “Website“), via the web interface (hereinafter the “E-Shop Web Interface“).
  • The Commercial Terms apply to cases where the person who intends to purchase the goods from the Seller is a natural person (hereinafter in such cases distinguished by the designation “NP Buyer”), as well as to cases where the person who intends to buy the goods from the Seller is a legal entity or an entity that acts in ordering the goods within the scope of its business activity or within the scope of independent performance of a profession (hereinafter in such cases distinguished by the designation “LE Buyer”).In the event that the Commercial Terms apply identically to both NP Buyer and LE Buyer without any difference, the word “Buyer” shall be used in the text without further distinction.
  • The provisions of the Commercial Terms form an integral part of the Purchase Contract. The Purchase Contract and the Commercial Terms are executed in Czech. The Purchase Contract may be concluded in Czech.
  • The wording of the Commercial Terms may be changed or amended by the Seller. The aforementioned does not affect the rights and obligations established during the effective term of the previous version of the Commercial Terms.
  • If the party to the Contract is LE Buyer (buying the goods for the purpose of their resale, i.e. for the purpose of business), the relationships not regulated by these Commercial Terms are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).
  • If the party to the Contract is NP Buyer as a consumer (buying the goods for a purpose other than business), the relationships not regulated by these Commercial Terms are governed by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter the “Consumer Protection Act”).
  • These Commercial Terms are elaborated in accordance with the provisions of Section 1751 (1) of the Civil Code.

 

USER ACCOUNT

  • Based on the Buyer’s registration made on the Website, the Buyer can access its user interface. From its user interface, the Buyer may order goods (hereinafter the “User Account”). The E-Shop Web Interface allows ordering goods without registration directly from the E-Shop Web Interface.
  • When registering on the Website and when ordering the goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data specified in the User Account in the case of any change. The data provided by the Buyer in the User Account and when ordering goods is considered as correct by the Seller.
  • Access to the User Account is protected by the user name and password. The Buyer is obliged to maintain confidentiality of the information necessary to access the Buyer’s User Account.
  • The Buyer is not authorised to allow any third parties to use the User Account.
  • The Seller may cancel the Buyer’s User Account, in particular if the Buyer has not used the User Account for more than 10 years, or if the Buyer breaches the Buyer’s obligations under the Purchase Contract (including the Commercial Terms).
  • The Buyer notes that the User Account may not be available at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third-party hardware and software.

ENTERING INTO A PURCHASE CONTRACT

  • All goods presented at the E-shop Web Interface are for information only, 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 be applied.
  • The E-Shop Web Interface contains information about the goods, including quoting the prices of the individual articles of goods; the prices of goods are quoted inclusive of value added tax and all related fees other than postage and packaging, and are valid at the time of ordering the goods by the Buyer.  The prices of goods shall remain valid for as long as they are displayed on the E-Shop Web Interface. The Seller is entitled to adjust or change the prices of the goods at any time, but this does not apply to the goods that have already been ordered by the Buyer. This provision does not limit the Seller’s possibility to enter into a Purchase Contract under the individually agreed conditions.
  • The E-Shop Web Interface also includes information about the costs relating to packaging and delivery of the goods. The information about the costs of the packaging and delivery of the goods specified on the E-Shop Web Interface shall only apply if the goods are delivered within the territory of the Czech Republic.
  • To order goods, the Buyer shall complete the order form on the E-Shop Web Interface. The order form especially contains information about:
  • The goods ordered (the Buyer “puts” the ordered goods in an electronic shopping basket on the E-Shop Web Interface),
  • The payment method of the purchase price of the goods, information about the required manner of delivery of the goods ordered, and
  • Information about the costs relating to delivery of the goods (hereinafter jointly referred to as the “Order”).
  • Before sending the Order to the Seller, the Buyer is allowed to check and amend the data included in the Order by the Buyer to find and correct mistakes made when entering the data in the Order. The Buyer shall send the Order to the Seller by clicking on the “Order” button. The Seller considers the data provided by the Buyer as correct. Immediately after receiving the Order, the Seller shall confirm this fact by email to the Buyer’s email address specified in the User Account or in the Order (hereinafter the “Buyer’s Electronic Address”).
  • The Seller shall always be entitled to ask the Buyer, depending on the character of the Order (quantity of goods, amount of the purchase price, anticipated costs of the transportation), to re-confirm the Order (for example in writing or by phone).
  • The contractual relationship between the Seller and the Buyer is established by delivery of the Order confirmation (acceptance), which is sent by the Seller to the Buyer by email to the Buyer’s Electronic Address.
  • By placing or accepting the Order, the Buyer confirms that the Buyer has read these Commercial Terms, including their annexes that also contain the Complaint Rules, and that the Buyer unconditionally agrees with them. These Commercial Terms form an integral part of the concluded Purchase Contract, and are freely accessible on the E-Shop Website http://www.stc.cz in all their versions, including the current version, which allows their archiving and reproduction.
  • At the moment of concluding the Purchase Contract between the Buyer and the Seller, the parties are bound by such contract, and mutual rights and obligations arising from the Purchase Contract are established.
  • Furthermore, the Seller in accordance with Section 1740 (3) of the Civil Code excludes accepting an offer with amendment or deviation.
  • The Seller is entitled to set out the maximum possible quantity of any goods offered by the Seller, which can be ordered by the Buyer and delivered by the Seller, with this limit to be binding on the Buyer, and the Buyer is not entitled to exceed or circumvent the limit in any way.
  • The Buyer agrees with using remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer during the use of remote communication means in connection with entering into the Purchase Contract (costs of internet connection, costs of phone calls) shall be paid by the Buyer alone, and such costs shall not differ from the basic rate.

 

PRICE OF THE GOODS AND PAYMENT TERMS

  • The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller through GoPay payment gateway in the following ways:
  1. Cashless by bank transfer,
  2. Online payment, or
  3. Payment by payment card.
  • Along with the purchase price, the Buyer shall also be obliged to pay the Seller the costs relating to packaging and delivery of the goods in the agreed amount. Unless expressly specified otherwise, the purchase price shall be understood inclusive of the costs of the delivery of the goods.
  • The Seller does not request a deposit or other similar payment from the Buyer. This shall not affect the provisions of Article 6 of the Commercial Terms regarding the obligation to pay the purchase price for the goods in advance.
  • If the purchase price is paid by a cashless transfer, the Buyer is obliged to specify the payment variable symbol when making the transfer. If the purchase price is paid by a cashless transfer, the Buyer’s obligation to pay the purchase price shall be regarded as fulfilled at the moment the correct amount is credited to the Seller’s account.
  • The Seller is entitled to require payment of the entire purchase price before dispatching the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not be applied.
  • Any discounts on the purchase price provided by the Seller to the Buyer cannot be mutually combined.
  • The Seller shall issue to the Buyer a tax document for payments made under the Purchase Contract. The Seller is a value-added tax payer. The Seller shall issue the tax document to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer’s Electronic Address, and at the same time shall attach the paper form of the tax document to the goods.

 

WITHDRAWAL FROM THE CONTRACT

  • Withdrawal from the Contract is differently regulated for the Buyer and for the Seller.
  • The Seller reserves the right to withdraw from the Purchase Contract in the following cases:
  1. a) If the order has been created and/or confirmed by an obvious system failure of the computer network, a software error or a failure of the human factor,
  2. b) If the order was placed to be delivered to an apparently doubtful or non-existent delivery address,
  3. c) If the order was placed by a person other than the one holding the respective User Account, or was placed from a User Account set up by another Buyer in order to exceed the maximum possible limit of the goods permitted to order,
  4. d) If the order was placed for an obviously speculative purpose, and the Buyer’s will to take delivery of the goods is not serious, and such opinion is substantiated by repeated previous withdrawals by the Buyer from the contract without giving a relevant reason,
  5. e) If the Order was placed by a Buyer who has already breached its obligations towards the Seller in the past,
  6. f) If the ordered goods have already been sold out and cannot be replaced by goods of equivalent quality and price,
  7. e) If the goods are first to be delivered by a third party to the Seller, and such third party is unable to deliver the respective goods to the Seller,
  8. f) If the goods are no longer manufactured or delivered, the price of the goods supplied by the Seller’s supplier has significantly changed, the goods are unavailable for a long time or an incorrect purchase price was quoted in the e-shop by mistake or due to an administrative error,
  9. g) If the price has not been paid within 14 days from the Order date, nor during a grace period provided by the Seller, if the Seller decides to provide such a grace period.
  • In the case that any of the aforementioned facts listed under points a) to g) occurs, the Seller shall immediately contact the Buyer to agree further steps in the matter. In the event that the Buyer has already paid the purchase price or any part thereof, and the Purchase Contract is not concluded, the purchase price or any part thereof shall be returned to the Buyer in the same manner as the Seller received the purchase price.
  • The Buyer is entitled to withdraw from the concluded Purchase Contract using means of remote communication without giving any reason and without any sanction in accordance with the provisions of Section 1829 (1) of the Civil Code, with the exception of cases specified in the provisions of Section 1837 of the Civil Code. The Buyer notes that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract for delivery of the goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, and from the purchase contract for delivery of the goods that have been irreversibly combined with other goods after the delivery.
  • Withdrawal from the Purchase Contract shall be made by the Buyer using the form,forming an annex to these Commercial Terms. The Buyer may send the notice of withdrawal from the Purchase Contract to the Seller’s registered office address or to the Seller’s electronic mail address eshop@stc.cz.
  • Withdrawal from the Contract must be made within 14 days from the date following the day the goods were taken over by the Buyer or by a third party designated by the Buyer.
  • If the Buyer withdraws from the Contract, the Buyer shall send to the Seller without undue delay, no later than 14 days from the withdrawal from the Contract, the goods received from the Seller, to the Seller’s registered office address, preferably in the original packaging, including packaging of the goods. The costs associated with the return of goods in the case of withdrawal from the Contract shall be borne by the Buyer.
  • If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received money before the goods are delivered to the Seller’s registered office.
  • Withdrawal from the Purchase Contract cancels the Purchase Contract from the beginning. If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without undue delay, no later than 14 days after withdrawal from the Contract, the monetary funds, including delivery costs received from the Buyer under the Contract, in the same way, without prejudice of the provisions of Article 5.8 of the Commercial Terms. The Seller is entitled to unilaterally set off the claim for compensation of damage caused to the goods against the Buyer’s claim to be refunded the purchase price.

 

TRANSPORT AND DELIVERY OF GOODS

  • Goods marked “In stock” are dispatched by the Seller for delivery usually within 10 business days from the date of crediting the purchase price to the Seller’s account. In justified cases, the Seller reserves the right to extend this period to 20 business days for technical or operational reasons, of which the Seller undertakes to notify the Buyer.
  • Goods not marked “In stock” are dispatched by the Seller for delivery within the period specified on the E-Shop Web Interface for the respective goods, or within the period agreed between the Buyer and the Seller.
  • According to the Purchase Contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, and the Buyer is obliged to take over the goods upon delivery.
  • In the case of division of the ordered goods into several shipments for reasons on the part of the Seller, especially due to lack of goods in stock, the costs of transporting the goods to the Buyer is paid by the Buyer only once, and the other transport costs are borne by the Seller.
  • After taking over the goods from the carrier the Buyer is obliged to check whether the goods packaging is intact, and if the Buyer finds any defects, it shall report them to the carrier without delay. If the Buyer finds damaged packaging proving that someone unauthorised accessed the consignment, the Buyer shall not be obliged to take over the consignment from the carrier. The aforementioned does not affect the Buyer’s rights related to liability for defects of the goods and other Buyer’s rights arising from the generally binding legal regulations.
  • In the case that the Buyer does not take over the goods contrary to the placed Order, or does not take over the goods even in the grace period provided in the Seller’s or, where appropriate, the carrier’s request, the Purchase Contract relating to the goods expires in vain upon expiration of such period, at the moment of returning the goods to the Seller. In the case that the Purchase Contract pursuant to this article expires for any reason, and the Seller has incurred any costs relating to the Purchase Contract, especially, but not limited to, in relation to the need of production of the goods, transport, packaging, ordering the goods, etc., the Buyer is obliged to fully reimburse such costs to the Seller, including payment of an administrative fee relating to the Order processing and termination of the Contract in the amount of CZK 200, and storage costs for storing the goods in the Seller’s premises in the amount of CZK 10 for each started day after the 14th day of storage, whereby the Seller is entitled to unilaterally set off such claims against the Buyer’s right to a refund of the purchase price.
  • The risk of damage to the goods shall pass to the Buyer upon takeover of the goods from the carrier.
  • Other rights and obligations of the parties in transport of the goods are regulated by the Seller’s Delivery Terms and Conditions, which form an annex to these Commercial Terms.

 

RIGHTS FROM DEFECTIVE PERFORMANCE

  • The rights and obligations of the parties regarding the rights arising from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and in the case of concluding a contract between the Seller and the Buyer, also Act No. 634/1992 Coll., on Consumer Protection, as amended).
  • The Seller is liable to the Buyer that upon takeover, the goods are delivered free of any defects. If NP Buyer upon receipt of the goods from the carrier finds any damage to the delivered goods (i.e. any defect of the goods), any difference between the delivery note, tax document and actually delivered goods, or any difference between the goods indicated on the delivery note or tax document and the actually delivered goods (especially in quality, measure, quantity or if the goods do not correspond to the quality or design of the pattern (a pattern means a combination of a photograph with a description of parameters, especially colours), shall notify the Seller without undue delay after receipt of the goods in a verifiable manner of the need to eliminate such defects within 6 months from the date of receiving the goods. In the case that the goods are not in accordance with the Purchase Contract upon receipt by NP Buyer, NP Buyer has the right to request the Seller to restore the condition of the goods to comply with the Purchase Contract, free of charge and without undue delay; if such a procedure is not possible, NP Buyer may request a reasonable discount on the price of the goods or may withdraw from the Contract.
  • LE Buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed. If LE Buyer does not check the goods or does not have them checked at the time the risk of damage to the goods passes, LE Buyer may only claim the rights from defects discoverable during such check if LE Buyer proves that the goods had the defects already at the time the risk of damage was passing.
  • The Seller shall be liable for any defect the goods show at the time the risk of damage to the goods passes to LE Buyer, even if such defect becomes apparent after that. The Seller is also liable for any defect that arises after the passage of the risk of damage to the item, if the defect is caused by a breach of the Seller’s obligations.
  • If LE Buyer identifies any damage to the goods or any difference between the tax document – order, and the goods actually delivered (especially in quantity, quality and design), LE Buyer is obliged to notify the Seller thereof without undue delay.
  • The Seller provides a guarantee for the quality of the goods, i.e. the Seller undertakes that the goods will be fit for use for the usual purpose, or that the goods will retain their usual properties for the period of 24 months. Other rights and obligations of the parties relating to the provided quality guarantee as well as the conditions for filing a complaint are regulated by the Seller’s Complaint Rules, which form an integral part of these Commercial Terms.

 

OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

  • The Buyer shall acquire the title to the goods upon payment of the entire purchase price of the goods.
  • In relation to the Buyer, the Seller is not bound by any Codes of Conduct as defined by Section 1826 (1) (e) of the Civil Code.
  • The settlement of the Buyer’s complaints will be ensured by the Seller via the electronic address eshop@stc.cz. The Seller shall send the information about settlement of the Buyer’s complaint to the Buyer’s electronic address.
  • The competent authority for out-of-court settlement of disputes resulting from the Purchase Contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, website: https://adr.coi.cz/cs. The platform for online settlement of disputes available on website http://ec.europa.eu/consumers/odr may be used for settlement of disputes between the Seller and the Buyer resulting from the Purchase Contract.
  • The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line dispute resolution)
  • The Seller is authorised to sell the goods on the basis of a trade licence. A trade inspection is carried out by the competent Trade Licensing Authority within its jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
  • The Buyer hereby assumes the risk of change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

 

PERSONAL DATA PROTECTION

  • The Seller performs their information obligation in relation to NP Buyer within the meaning of Article 13 of the Regulation (EC) No. 2016/679 of the European Parliament and of the Council on the protection of individuals 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) (hereinafter the “GDPR Regulation”) relating to the processing of the Buyer’s personal data for the purpose of performance of a Purchase Contract, for the purpose of negotiations relating to a Purchase Contract and for the purpose of complying with the public law obligations, through a separate document.

 

SENDING COMMERCIAL MESSAGES AND SAVING COOKIES

  • The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Coll, on Certain Information Society Services and on amendments to some acts (Certain Information Society Services Act), as amended, to receiving the Seller’s commercial messages to the Buyer’s electronic address or phone number. The Seller performs the Seller’s information obligation towards the Buyer within the meaning of Article 13 of GDPR in relation to the processing of the Buyer’s personal data for the purpose of sending commercial messages through a separate document.
  • The Buyer agrees to saving the so-called cookies in its computer. If it is possible to shop on the Website and to perform the Seller’s obligations arising out of the Purchase Contract without saving the so-called cookies in the Buyer’s computer, the Buyer can cancel its consent as per the previous sentence at any time.

 

FINAL PROVISIONS

  • All provisions and legal relationships resulting from the Purchase Contract concluded between the Seller and the Buyer are governed by the laws of the Czech Republic, in particular by the provisions of the Civil Code, as amended. In the case of a dispute, the Seller and the Buyer undertake to do their utmost to resolve the dispute amicably. The Seller undertakes to primarily strive for out-of-court settlement of disputes with the Buyer.
  • The Seller and the Buyer have agreed that disputes arising on the basis of or in connection with the concluded Purchase Contract, to which these Commercial Terms for an annex including appendices, i.e. including the Complaint Rules, shall be decided by the general courts. NP Buyer notes and agrees that according to the provisions of Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, the court competent for resolving any disputes is the court with local jurisdiction for the Seller’s registered office.
  • If the relationship established by a Purchase Contract contains an international (foreign) element, the parties agree that such relationship shall be governed by the Czech law. The choice of law referred to in the preceding sentence shall not deprive NP Buyer of the protection provided by the provisions of the legal rules, from which no contractual deviation is possible, and which would apply in the absence of the choice of law pursuant to the provisions of Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
  • If any provision of the Commercial Terms is or becomes invalid or ineffective, it shall be replaced with a provision whose meaning will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice of the validity of the other provisions.
  • The Purchase Contract, including the Commercial Terms, shall be archived by the Seller for 10 years and shall not be accessible.
  • The Buyer notes that the Seller is an entity referred to in the provisions of Section 2 (1) of Act No. 340/2015 Coll., on Special Conditions of Effectiveness of Certain Contracts, their Publication and on the Register of Contracts (hereinafter “RCA”), and that a Purchase Contract for the supply of goods exceeding the price of CZK 50,000 exclusive of VAT is subject to mandatory publication in the Register of Contracts. All acts relating to the publication of such Purchase Contract in the Register of Contracts are to be ensured by the Seller. The Purchase Contract, which is subject to the obligation of publication according to RCA, comes into effect on the day it is published in the Register of Contracts.
  • The Seller and the Buyer shall not be liable for breach of their obligations resulting from the Purchase Contract if they are prevented from performing them by a force majeure event. The Seller and the Buyer shall exert every effort to minimise any damage caused by force majeure event. Force majeure means any unforeseeable exceptional situation or event beyond the control of the Seller or the Buyer preventing them from performing any of their obligations arising from the Purchase Contract, not caused by error or negligence on their side, and it is proven that it cannot be overcome even when all due diligence is performed. For the purposes of these General Commercial Terms and Conditions and the Complaint Rules, unforeseeable exceptional situations or events include fires, wars, civil unrest, strikes, accidents, floods, inundations and other natural disasters (e.g. storms, earthquakes, etc.) and measures of state authorities (generally binding legal regulations) and other similar situations or events, which affect the ability of the Seller or the Buyer to perform their obligations beyond the control and influence of the Seller or the Buyer, or which prevent performing under the Purchase Contract for other objective reasons.
  • In the case of delivery of documents between the Seller and the Buyer, the registered office of the Seller and the address (or addresses) of the Buyer specified in the Order are considered as the delivery address.
  • The Annex to the Commercial Terms consists of a sample form for Withdrawal from the Purchase Contract, Complaint Rules and Delivery Conditions.
  • Seller’s contact data: address for delivery is STÁTNÍ TISKÁRNA CENIN, státní podnik, Prague 1, Růžová 6, čp. 943, Postal Code: 110 00, electronic mail address eshop@stc.cz, telephone: +420 246 052 577 (business days from 8:00 a.m. to 4:00 p.m.).

The form for Withdrawal from the Purchase Contract is available for download.

 

In Prague, dated 04/05/2020