VUPSHOP.CZ | TERMS AND CONDITIONS
Returning products: Model Withdrawal Form
Palacký University Olomouc (UP) is a public university under Act No. 111/1998 Sb., on higher education institutions and on the amendment and modification of other acts (the Higher Education Act), as amended, and a legal entity carrying out business under Act No. 455/1991 Sb., on trade licensing, as amended (hereinafter the “Trade Licensing Act”), registered by the Olomouc City Authority, but not entered in the Commercial Register. The Terms and Conditions apply to the sale of products through an online store at https://www.vupshop.cz (hereinafter the “Online Store”).
Identification details of Palacký University Olomouc
Registered office: Křížkovského 8, Postcode: 771 47 Olomouc, Czech Republic
ID No.: 61989592
Tax identification number: CZ61989592
Address of the physical store (bookshop):
Palacký University Press Bookshop (Vydavatelství UP – Skriptárna | prodejna odborné literatury)
Biskupské náměstí 1, 779 00 Olomouc, Czech Republic
Phone: 00420 585 631 786
E-mail: prodejna.vup@upol.cz; vydavatelstvi@upol.cz
1. INTRODUCTORY PROVISIONS
1.1. These Palacký University Terms and Conditions (hereinafter the “Terms and Conditions”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Sb., the Civil Code (hereinafter the “Act”) the rights and obligations of the Parties arising from or in connection with:
a) a purchase agreement entered into by Palacký University and an individual,
b) a digital content agreement involving the use of an e-book entered into by Palacký University as the provider and a user to grant a license to use the e-book;
through the UP Online Store. UP runs the Online Store at https://www.vupshop.cz (hereinafter the “Website”) through a website interface (hereinafter the “Website Interface”).
For the purposes hereof, the purchaser and the user will be referred to as “Customers”.
For the purposes hereof, product include anything that Customers may acquire under a purchase agreement or a digital content agreement from UP in the Online Store available on the Website Interface.
The purchase agreement and the digital content agreement will be hereinafter referred to collectively as “Agreement”; the provisions hereof apply to all Agreements unless specified otherwise for the individual type.
1.2. The Terms and Conditions do not apply to situations when the products are to be purchased (or the digital content agreement executed) by a legal entity or a person that orders the goods as part of its business or profession. In such case, use the contact e-mail in the heading.
1.3. Agreements may include provisions that derogate from the Terms and Conditions. Any provisions of the Agreements that may derogate from these Terms and Conditions will prevail.
1.4. The Terms and Conditions are incorporated by reference into the Agreements, and Customers acknowledges to have read the Terms and Conditions and their agreement by ordering any Products on the Website Interface. The Agreement and the Terms and Conditions are drawn up in Czech. The Agreement may be executed in Czech.
1.5. The wording of the Terms and Conditions may be amended or modified by UP. This provision is without prejudice to the rights and obligations of UP and Customers which came into existence under the previous wording of the Terms and Conditions.
2. USER ACCOUNT
2.1. Customers may order products in the Online Store with/without registration directly from the Website Interface.
2.2. When placing orders, Customers shall provide accurate and true details. UP considers the details provided by Customers when placing an order to be accurate.
3. CONTRACT FORMATION
3.1. All Products on the Website interface are presented for informative purposes only; such presentation does not constitute an offer to enter into a contract (i.e. the Agreement) and UP is under no obligation to execute the contract with each interested party. Section 1732(2) of the Civil Code will not apply.
3.2. The Website Interface includes information about the Products, including prices of the Products. The prices of the Products are inclusive of the VAT and all related fees unless expressly specified otherwise for certain Products. The prices of the Products are valid as long as they are quoted on the Website Interface of the Online Store. This is without prejudice to the possibility of UP to execute a contract under specific conditions.
3.3. Information about packaging and shipping costs is also available on the Website Interface. Such information only applies to shipping within the Czech Republic. Shipping costs that apply to shipping abroad may be charged extra.
3.4. To order the Products, Customers must complete an order form on the Website Interface of the Online Store. The order form includes, without limitation, the details about:
3.4.1. the Products ordered (Customers will “add” the Products in the online shopping basket on the Website Interface);
3.4.2. the shipping address, payment method and shipping method;
3.4.3. identification details about the Customer as required by Article 11.2. hereof;
3.4.4. information about the shipping costs (all the information hereinafter the “Order”).
3.5. Before placing an Order, Customers may check and modify the details entered in the order form, and identify and correct any errors made when entering the data in the order form. To place the Order, Customers click “Make a binding order and pay”. UP considers the details in the Order to be accurate. Without undue delay after receiving an Order, UP will send a confirmation thereof by e-mail to the e-mail address specified by the Customer in the Order (hereinafter the “Customer’s E-mail Address”). Customers may cancel the Order within 24 hours of the receipt of the confirmation by phone at +420 585 631 786 or by e-mail at prodejna.vup@upol.cz or vydavatelstvi@upol.cz.
3.6. As a general rule, UP may request that Customers send an additional confirmation of the Order (e.g. in writing) depending on the nature of the Order (quantity, price, estimated shipping costs).
3.7. The contract between UP and the Customer is formed once the Customer receives a confirmation of the Order under Article 3.5. sent by e-mail to the Customer’s E-mail Address. The confirmation of the Order will be sent to the Customer without undue delay. UP keeps records of all details of contract formation for 6 months after the contract formation and will provide the Customer with the details if requested. Customers will receive a confirmation of contract formation required by Section 1824a(2) of the Civil Code not later than upon delivery of the Products.
3.8. Customers consent to the use of distance communication means for executing the Agreements. Customers will bear any costs incurred in relation to contract formation by distance communication means (e.g. costs of Internet connection, phone call costs); such costs correspond to the rates agreed by the Customers with their providers (i.e. there is no extra charge by UP).
4. E-BOOKS
4.1. E-book means a digital equivalent of a printed book in the form of a software file. Customers interested in purchasing e-books enter into a digital content agreement with UP, under which Customers may download the e-book in consideration of the payment of the price. Downloading means a paid one-time copy of the work in an electronic form made by Customers upon their request (through the Online Store) from a copy of the work that UP made available to the Customer in the Customer’s user account in compliance with the license granted.
4.2. E-books are provided to Customers for consideration exclusively for Customers’ personal use. Unless the license arrangements specify otherwise, Customers may not further reproduce, sell, lease, loan, display or disclose the e-book or otherwise share it with third parties. Customers must not modify the e-book or interfere with it or merge it with another work. Customers may not translate the e-book or transform it to other forms, such as a printed book form. Customers may not use the e-book for commercial purposes.
4.3. The price for downloading the book includes a fee for making a permanent copy of the e-book for indefinite time. The price applies to the number of copies specified in the e-book sheet; each copy may be saved on one medium only.
4.4. Customers understand that downloading and using the e-book requires specific hardware and software. UP is not liable for impossibility to download the e-book caused by inadequate software of the Customer.
4.5. Customers understand and agree to respect the fact that the e-books are encrypted and protected by Social DRM. Any actual or attempted interference with the e-book protection constitutes an unlawful act by the Customer contrary to existing legislation.
4.6. Unless specified otherwise on a case-by-case basis, UP grants the license without any territorial limitations.
4.7. When placing the Order, Customers must grant their express consent with the e-book being made accessible before the expiry of the time limit for withdrawal. By granting the consent, the Customers’ right to withdraw from the Agreement under Section 1837(l) of the Civil Code ceases to exist. If Customers do not grant such consent in the Order, the e-book will be made accessible only once the time limit for withdrawal has expired; the time limit terminates 14 days after the formation of the contract.
4.8. Confirmation of contract formation must specify whether the Customer has consented to the e-book being made accessible before the expiry of the time limit for withdrawal and must also include the Customer’s acknowledgement of the fact that the right to withdraw from the Agreement under Section 1837(l) of the Civil Code ceases to exist.
5. PRINT ON DEMAND
5.1. For some books offered by UP, there is the print-on-demand option. If ordered by Customers in compliance with Article 2 and 3 hereof, such books will be printed within 5 business days after the Order has been received and subsequently shipped or prepared for collection at the physical store (as specified in the Order). A purchase agreement is made between UP and Customers in the case of print-on-demand orders (Section 2086(1) of the Civil Code).
5.2. Customers acquire the title and the risk of damage passes to Customers upon receipt of the Products.
6. PRICE, PAYMENT TERMS AND DELIVERY TIME
6.1. The following payment options are available to Customers to pay the price for the Products and the shipping costs:
6.1.1. On-line payment (using a GoPay payment portal – payment by card, wire transfer, electronic wallet and otherwise) – payment fees and shipping cost vary according to the shipping address (country)
6.1.2. Cash on delivery – the shipping costs equal CZK 175; the cash on delivery option is available only for deliveries in the Czech Republic;
6.1.3. Cash or payment card (upon purchase in person at the physical store – not available for e-books) – no shipping costs.
6.2. In addition to the price, Customers shall pay to UP any agreed packaging and shipping costs.
6.3. UP does not require Customers to make any advance or similar payment. This is without prejudice to Article 6.8 hereof stipulating the obligation to pay for the Products in advance.
6.4. Payments by wire transfer must be made within 7 days after the formation of the contract.
6.5. If a payment by wire transfer to a UP bank account is used, Customers must specify the payment identifier. In the case of wire transfers, the price is paid once the respective amount is credited to UP account.
6.6. Any discounts off the Price of the Products granted to Customers are mutually exclusive.
6.7. UP will issue an invoice for any payments made by Customers under the Agreements. UP is a registered value added tax payer. UP will issue the invoice once the price has been paid and will send the invoice by e-mail to the Customer’s E-mail Address.
6.8. In the event of payments by wire transfer to a UP account, the delivery time is 14 business days after the amount has been credited to UP account for deliveries in the Czech Republic. If any Products are not available, or if there is delay in delivery, UP shall inform Customers thereof without undue delay by e-mail sent to an address specified in the Order. The delivery times for deliveries outside the Czech Republic depend on the terms of shipping companies used by UP.
7. WITHDRAWAL FROM AGREEMENTS
7.1. Customers acknowledge that under Section 1837 of the Civil Code it is not possible to withdraw, without limitation, from the following contracts:
7.1.1. contracts involving delivery of products made to measure or adjusted to personal needs of customers;
7.1.2. contracts involving deliveries of newspapers, periodicals or journals other than subscription contracts;
7.1.3. contracts involving deliveries of audio or video recordings or software if the original packaging has been interfered with by customers;
7.1.4. digital content contracts if the content is not delivered on a tangible medium once the contract started to be performed in situations when the customer expressly agreed that the contract be performed before the expiry of the contract withdrawal time limit and the customer has been advised that the right to withdraw from the contract thereby ceases to exist, and a notice of contract formation has been sent to the customer.
7.2. With the exception of situations under Article 7.1. or other situations when contract withdrawal is not available, Customers may withdraw from the Agreement, under Section 1829 of the Civil Code, in writing within 14 days after the receipt of the Products; if the Agreement involves more Products or more deliveries, the time limit starts to run upon receipt of the last one. The notice of withdrawal must be sent to UP within the time limit specified in the preceding sentence. To withdraw from the Agreement, Customers may use the Model Withdrawal Form provided by UP as Annex No. 1 hereto. The notice must be sent to the address of the physical store or an e-mail address specified in the heading hereof.
7.3. If the Agreement involves access to digital content (i.e. an e-book) and UP is in default with making the content accessible, Customers may withdraw from the Agreement if UP fails to meet its obligation without undue delay after being given notice by the Customer to meet the obligation or within additional time limit expressly agreed by the Parties. Customers may withdraw from the Agreement without any additional time limit if UP statements or circumstances imply that UP will not provide the digital content (e-book) or if the agreement of the Parties or the circumstances of the Agreement formation imply that the performance of the Agreement (i.e. making the e-book accessible) at certain time is of the essence. If Customers withdraw from the Agreement, they shall refrain from using the digital content, including its provision to third parties.
7.4. Withdrawals from Agreements under Articles 7.2. and 7.3. hereof become effective once the notice of withdrawal is delivered to UP. The Products must be returned to the mailing address of the physical shop within 14 days after withdrawal. In the event of withdrawal, Customers will bear any costs incurred as a result of returning the Products to UP even if the nature of the Products prevents them from being returned by standard mail.
7.5. In the event of withdrawals under Article 7.2. and 7.3. hereof, UP will refund to Customers any amounts received by UP from Customers, including the shipping costs, within 14 days after withdrawal, by wire transfer to the bank account from which the amount was transferred. UP may also refund any amounts received from Customers upon return of the Products by Customers or otherwise if agreed by Customers and if not involving additional costs. If a Customer withdraws from the Agreement, UP is under no obligation to refund any amounts before the Customer returns the Products or provides evidence of the having shipped the Products back.
7.6. The UP may, at its discretion, set off the claim for damages against Customers’ claims to have the price refunded.
7.7. UP may withdraw from the Agreement at any time until the Products are accepted by Customers. In such a case, the price paid will be refunded without undue delay by wire transfer to a bank account designated by the Customer.
7.8. If a gift is provided together with the Products, a contract of donation between UP and Customers involves a condition subsequent to the effect that if the Customer withdraws from the Agreement, the contract of donation loses effect with respect to such gift, and the Customer shall return the gift together with the Products to UP.
8. SHIPPING AND DELIVERY TERMS
8.1. If the shipping method agreed is based on a special requirement of the Customer, the Customer will bear any risk and additional costs that may be incurred.
8.2. If the Agreement requires the UP to deliver the Products to the address designated by the Customer in the Order, the Customer shall accept the Products upon delivery.
8.3. If it is necessary to make repeated delivery or use another shipping method due to reasons on part of the Customer, the Customer shall pay any costs incurred in relation to such repeated delivery or to the use of another shipping method.
8.4. When accepting the Products from the shipping company, Customers shall check the integrity of the packaging and inform, without undue delay, the shipping company of any defects that may have been identified by the Customers. Customers are not obliged to accept the shipment if the packaging indicates that the shipment has been interfered with without authorization.
9. REMEDIES FOR DEFECTIVE PERFORMANCE
9.1. The rights and obligations of the Parties in connection with the remedies for defective products are governed by the applicable legislation (including, without limitation, Sections 1914 to 1925, Sections 2099 to 2117, Sections 2161 to 2174, Sections 2389i-2389s of the Civil Code).
9.2. UP is responsible to the Customer for the Products being free from any defects upon receipt. Without limiting the generality of the foregoing, UP is responsible to the Customer for the Products, upon receipt,
9.2.1. complying with the characteristics agreed by the Parties, and in the absence of such an agreement, complying with the characteristics described by UP or expected by the Customers taking into account the nature of the Products and UP’s advertising;
9.2.2. being fit for purpose designated by UP or for which the Products are usually used;
9.2.3. being of quality and workmanship corresponding to an agreed sample or model if the quality and workmanship have been defined on the basis of an agreed sample or model;
9.2.4. being of reasonable quantity, extent and weight;
9.2.5. complying with applicable legislation.
9.3. Paragraph 9.2. hereof will not apply to Products sold at a discounted price with respect to the defect compensated by the discount, to any used Products showing standard wear and tear, to used Products showing standard degree of use or wear and tear of the Product before they were received by the Customers or if implied by the nature of the Products.
9.4. If a defect appears within one year after the Products were received by the Customer, the Products are presumed to have been defective at the time of receipt unless the nature of the defect prevents it. With respect to the digital content agreements, Customers may complain of defects of the digital content that appear within 2 years after the content becomes accessible. Customers may invoke the remedies for defective consumer products within 24 months after the receipt of the Products.
9.5. Remedies for defective performance may be invoked by Customers with UP it person at the address of the physical store specified in the heading, or by e-mail at prodejna.vup@upol.cz or vydavatelstvi@upol.cz. The complaint is considered to be made at a moment when UP receives the Products subject to the complaint from the Customer.
9.6. If Customers invoke a remedy for defective performance, UP will confirm in writing the time as well as any repairs, the time needed for the repairs and how the complaint has been handled, or as the case may be, the grounds for dismissing the complaint.
9.7. If Products are purchased under purchase agreements, Customers may request that the defect be removed, that the defective Products be replaced with new ones or that the Products be repaired. UP may deny removal of the defect if impossible or unreasonably expensive in proportion to the importance of the defect and the value of the Products without a defect. Customers may request reasonable discount or may withdraw from the Purchase Agreement in the following situations:
a) UP denied the removal of the defect or failed to remove it in accordance with Section 2170(1) and (2) of the Civil Code;
b) the defect re-appears;
c) the defect amounts to material breach of the Agreement; or
d) statements of UP or circumstances imply that the defect will not be removed within reasonable time or without causing Customers excessive burden.
Customers may not withdraw from Purchase Agreement in the case of non-material defects.
9.8. If Products made accessible under digital content agreements show defects, Customers may request that the defect be removed unless impossible or excessively expensive. Customers may request reasonable discount or withdrawal from the agreement if
a) UP has not removed the defect in compliance with Section 2389l or its statements or circumstances imply that the defect will not be removed within reasonable time or without causing Customers excessive burden;
b) the defect re-appears after it has been removed;
c) the defect amounts to material breach.
9.9. Further rights and obligations of the Parties in relation to liability of UP for defects may be defined by UP Complaints Policy.
10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. Customers acquire the title to the Products upon payment of the Purchase Price in full.
10.2. No codes of conduct as defined by Section 1826(1)(e) of the Civil Code apply to the relationship between UP and the Customers.
10.3. The following e-mail addresses are used for out-of-court handling of Customers’ complaints: prodejna.vup@upol.cz or vydavatelstvi@upol.cz. Customers will be notified of handling the complaint by e-mail sent to their e-mail address.
10.4. UP is authorized to sell the Products under a trade license. The Trade Licensing Authority is competent to carry out any trade license audits. The Office for Personal Data Protection is the supervisory authority for data protection. The Czech Trade Inspection Authority is competent to carry out supervision under Act No. 634/1992 Sb., on consumer protection, as amended.
10.5. The Customer hereby accepts the risk of material adverse change under Section 1765(2) of the Civil Code.
11. PERSONAL DATA PROTECTION
11.1. UP processes Customers’ personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council 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 95/46/EC (General Data Protection Regulation – hereinafter “GDPR”). Palacký University Olomouc is the controller of such data.
11.2. UP processes the following data of Customers: first name and surname, shipping and billing address, e-mail, phone number, identification number, tax identification number.
11.3. UP processes such data under Article 6(1)(b) of the GDPR, i.e. processing of Customers’ personal data is necessary for the performance of a contract to which the Customer is party or in order to take steps at the request of the Customer prior to entering into a contract.
11.4. UP processes Customers’ personal data solely for the following purposes:
11.4.1 keeping records of contracts, accounting and invoicing – due handling and delivery of the order;
11.4.2. customer care – handling issues and queries, transfer of personal data to shipping companies for the purposes of shipping,
11.4.3. sending commercial communication subject to compliance with Article 12.1. hereof.
11.5. Customers’ personal data will be collected and processed by authorized employees of UP.
11.6. UP will provide the personal data to the following third parties:
11.6.1. shipping company for the purposes of shipping;
11.6.2. Servantes s.r.o., ID No.: 09797319, with its registered office at Neklanova 150/38, 128 00 Prague 21 – Vyšehrad, for the e-book protection through social DRM.
11.7. Personal data are provided on a voluntary basis; if a Customer refuses to provide the required data, UP will not be able to enter into the Agreement, or perform the Agreement. UP will store Customers’ personal data as long as the purpose of processing exists.
11.8. The Head of the Rector’s Office of Palacký University Olomouc, Křížkovského 8, 779 00 Olomouc acts as the data protection officer (and may be contacted at the above address).
11.9. Customers as the data subjects have the following rights:
11.9.1. under Article 15 of the GDPR, Customers may obtain from UP confirmation as to whether or not their personal data are being processed, and, where that is the case, Customers may obtain access to the personal data and the related information defined in Article 15(1)(a)-(h) of the GDPR;
11.9.2. Customers may be provided with one free copy of the processed personal data provided that the requirements of Article 15 of the GDPR are met;
11.9.3. under Article 16 of the GDPR, Customers may obtain rectification of my inaccurate personal data, or have incomplete personal data completed;
11.9.4. under Article 17 of the GDPR, Customers may obtain from UP the erasure of their personal data without undue delay in compliance with Article 17;
11.9.5 under conditions stipulated in Article 18 of the GDPR, Customers may request that UP restrict the processing of personal data;
11.9.6. under conditions stipulated in Article 20 of the GDPR, Customers have the right to data portability;
11.9.7. under conditions stipulated in Article 21 of the GDPR, Customers have the right to object to processing of their personal data;
11.9.8. under Article 22 of the GDPR, Customers have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the Customers as the data subjects or similarly significantly affects the Customers, unless such a decision falls under one of the statutory exceptions;
11.9.9. under the conditions stipulated in Article 34 of the GDPR, Customers are entitled to be informed of a personal data breach provided that such a breach is likely to result in a high risk to the rights and freedoms of natural persons;
11.9.10 under Article 77 of the GDPR, Customers may lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement if Customers consider that the processing of personal data infringes the GDPR.
12. RECEIVING COMMERCIAL COMMUNICATION AND COOKIES POLICY
12.1. Customers consent to receiving information about UP products and services by e-mail under Section 7(3) of Act No. 480/2004 Sb., on certain services of information society, as amended (hereinafter the “Information Society Act”). Under Section 7(2) of the Information Society Act, customers may consent to receiving UP commercial information by e-mail.
12.2. Customers consent to cookie files being saved on their computer or another device used to access the Website Interface. If the purchase on the Website and the performance of the Agreement by UP is possible without cookies being saved on Customers’ computers, Customers may revoke the consent under the previous sentence at any time.
13. NOTICES
13.1.Notice may be sent to Customers’ e-mails.
14. FINAL PROVISIONS
14.1. If the legal relation established under the Agreement involves a cross-border element, the Parties agrees that it will be governed by the laws and regulations of the Czech Republic. This is without prejudice to the consumer rights of the Customers under applicable legislation.
14.2. The Customer and UP have agreed that the court of competent jurisdiction of UP will be competent to deal with any disputes.
14.3. If any provision hereof is or becomes invalid or ineffective, it will be replaced by a provision as close as possible to the purpose of the invalid or ineffective provision. An invalid or ineffective provision is without prejudice to the validity and effect of other provisions.
14.4. Model Withdrawal Form is attached as Annex No. 1 hereto.
14.5. Contact details of UP are specified in the heading hereof.
4.6. The Terms and conditions in Czech are available on the address of the physical shop and at www.vupshop.cz.
14.7. In the event of a conflict between the Terms and Conditions and any information provided by UP to the Customers, these Terms and Conditions will prevail.
14.8. The Terms and Conditions are incorporated by reference into the Agreement entered into by the Customer and UP through the Website Interface.
14.9. These Terms and Conditions come into effect on 11 April 2023 and supersede any previous terms and conditions.