Terms of Purchase - Masaryk University Shopping Center

The terms and conditions (effective as of March 26, 2014) set out below apply to and govern the activity of Masaryk University Shopping Center and the purchases you make via the Center.

Preamble

These terms of purchase govern the relationship between Masaryk University and clients making orders via MU Shopping Centre. In some situations a separate contract, which is made available to the customer before they place their order, is made.

I. Definition of Terms

University - For the purpose of this Contract, the term University refers to Masaryk University; address: Žerotínovo náměstí 617/9, Brno, 601 77; Czech Republic; IC:00216224; DIC:CZ00216224

Client - Client is a person placing an order with Masaryk University Shopping Center.

Product - A Product is a movable object that represents a subject of the Contract made via MU Shopping Center.

Service - A Service is any subject of the Contract made via MU Shopping Center that is not a Product.

MU Shopping Center - MU Shopping Center is an electronic application (e-shop) run and administered by Masaryk University at the following address: http://obchod.muni.cz/ and http://is.muni.cz/obchod/.

Educational Program - The term of Educational Program refers to a Service provided by the University whose purpose is to provide teaching, training, or qualification inside or outside Lifelong Learning.

Information System of Masaryk University - Information System of Masaryk University refers to the system run and administered by Masaryk University as an application used to manage students' records and e-learning as well as facilitate communication inside the University.

Contract - Contract refers to the agreement between the Client and University made via MU Shopping Center.

II. Order

1. The Products and Services are available for purchase only to those Clients who have created their profile (through registration) in the Information System of Masaryk University. The registration is done by filling out a registration form and providing a password the Client will use to log into the System. Those users who already have an existent profile should not register.
2. Every Client shall provide accurate and correct information about himself/herself and he/she shall be held liable for any damage caused by provision of incorrect or incomplete information. Provided the Client finds out that some of the information he/she has provided is no longer valid, it is his/her duty to update it by sending an e-mail to obchodmailmunicz requesting a change.
3. Orders can be placed using MU Shopping Center applications or those of Information System of Masaryk University. An order can be made for one or several items.
4. By placing an order, the Client offers to make a Contract with MU Shopping Center. Each implementation instance in the order represents one such offer, i.e. separate Contracts shall be made for individual implementation instances.
5. The University shall notify the Client of whether it has accepted or declined the order by an e-mail sent to the address provided by the Client in the registration form. The Clients with their profile in the Information System of Masaryk University shall be notified by an e-mail sent to their Information System address, which has the following form: Client's_personal_identification_number@mail.muni.cz. This notification of acceptance shall contain all the details needed for making a payment, chiefly the bank account number, payment identification number, and the sum to be paid.
6. Unless otherwise agreed, the Contract is made between the Client and University upon the reception of the notification mentioned above, by which both the parties are bound to keep to the terms herein, Czech laws, and other agreements. All these also govern a termination of the Contract.
7. The Client can cancel his/her order any time before making his/her first payment for a Product or Service. Provided the Client cancels his/her order after the delivery of the notification (see Section 5), this cancellation shall be deemed a termination of the Contract.

III. Payment for Products and Delivery

1. Unless otherwise agreed, the Client can choose the way he/she will pay for the Products he/she has ordered, i.e. by bank transfer, by card, or cash on delivery.
2. Unless otherwise agreed, when making the payment by bank transfer, the Client shall make it within 14 days of his/her reception of order acceptance notification and shall do so in accordance with the information it contains. In some situations, the purchase Contract may require that additional charges such as handling and shipping fees be paid.
3. The sum shall be deemed paid only on condition that it has been fully covered including handling as well as shipping fees and the payment has been made to the University's account.
4. Unless otherwise agreed, the Products shall be sent to the address specified in the order within seven days of the date the full sum payment (including handling and shipping fees) arrived at the University's account.
5. The Client can pay cash for the Products on delivery or when retrieving them in a specific place within the University.
6. If the Client decides to retrieve the Products by himself/herself, these shall be reserved for him/her for the period of ten days following the date he/she makes the Contract.
7. Unless otherwise agreed, the payment can only be made in Czech currency.
8. All the additional charges associated with the payment shall be covered by the Client. This also applies to the charges incurred as a result of the payment being made to a wrong bank account or expenses associated with payments being returned by the University in situations where the Client fails to pay the full price.

IV. Terms of Payment

1. Unless otherwise agreed, the Client can choose between three ways of paying for the Products or Services he/she has purchased - a bank transfer to the University's account, by card, or cash (the latter done at the cashier's office of a faculty or department).
2. The sum shall be deemed paid only on condition that it has been fully covered (the whole payment made to the University's account).
3. Unless otherwise agreed, if the Client decides to make the payment by bank transfer, the payment should be made within 7 days of the date of the order acceptance notification delivery, but 5 days prior to the start of the Educational Program at the latest. The payment must be made in accordance with the payment details provided in the notification (for further details, see Part II, Section 5).
4. The payment in cash shall be made at the cashier's office of a faculty (department) or other unit of the University dedicated to this purpose before the Educational Program starts or on the day of its start at the latest.
5. Unless otherwise agreed, the payment can only be made in CZK.
6. All the additional charges associated with the payment shall be covered by the Client. This also applies to the charges incurred as a result of the payment being made to a wrong bank account or expenses associated with payments being returned by the University in situations where the Client fails to pay the full price.

V. Accounting, Tax and Other Documents

1. The accounting and tax documents shall be issued in the electronic form only. They can be found in the Client's order list in a printable form. These documents are not to be sent in the paper form.
2. A credit note shall be sent to the address provided in the registration form and it shall also be available in the Client's order list. The credit note shall be deemed delivered on the day it is made available in the Client's order list.
3. Provided the Client plans to claim a VAT refund, he/she should provide his/her IC (company registration (or identification) number) and, provided the Client is a VAT payer, also DIC (tax identification number) - information required for the transaction.
4. The VAT effective date of a Service purchase made via Masaryk University Shopping Center is the date on which an accounting document (invoice) is issued. The VAT effective date document certifying the purchase of Services is issued as of the date on which the first payment is received.
5. A delivery note shall be part of the Product delivery.

VI. Withdrawal from Contract

1. The University reserves the right to withdraw from the Contract in the following situations:
   1. The Client fails to pay the full price of the ordered Products or Services by the required date.
   2. The Products cannot be delivered for technical reasons.
   3. The University ceases to offer the ordered Service as there is weak demand for it or for technical reasons.
2. The University shall, without delay, inform the Client about its withdrawal from the Contract by e-mail.
3. Provided the Client is a consumer as stipulated in the the Civil Code (Section 419), he/she can withdraw from the Contract:
   1. within the first 14 days of making the Contract on condition that the Client has not been provided with the ordered Product or Service yet.
   2. within the first 14 days of receiving a Product (does not apply to customized Products as well as audio and video records (or software) whose seal has already been broken) without giving any reason for the withdrawal with the exception of the situations stipulated in the Civil Code (Section 1837).
4. If the Client wishes to withdraw from the Contract whose subject is the purchase of Product for a reason(s) stipulated in this document, he/she shall send the Product together with its delivery note at his/her expense to University's address. When doing so, the Client shall specify for which of the reasons mentioned above he/she is withdrawing from the Contract and provide the number of the bank account he/she wants the refund for the Product to be sent to.
5. Provided the Client decides to withdraw from the Contract for a Service, he/she shall notify the University about the fact by sending an e-mail to obchodmailmunicz. When doing so, the Client shall specify for which of the reasons above he/she is withdrawing from the Contract and provide the number of the bank account he/she wants the refund to be sent to.
6. In the event of withdrawal from the Contract, the University shall send the refund to the bank account specified by the Client within the next 14 days. If the Client should fail to specify the bank account he/she wants the refund for the Service to be sent to, the University shall send the refund by post to the address provided in the Client's order or registration form.
7. In the event of withdrawal from the Contract for the provision of a Product, the Client shall cover any expenses incurred as a result of the reduction of its value resulting from the Client handling the Product the way other than the one enabling the Client to get to know its nature and properties as well as its functionality.
8. In the event of withdrawal from the Contract for a Service, the Client, provided they asked the University to start the provision of the Service before the end of withdrawal period, shall pay a proportional a part of the price of the Service if its provision has already begun.
9. To withdraw from the Contract, the Client can use the Withdrawal from the Contract template, but they are by no means bound to do so.
10. In order to meet the deadline for withdrawal from the Contract in accordance with Article VI, Section 3, Point 2), it is sufficient to notify MU Shopping Center of the Client exercising the right to withdraw from the Contract before the end of withdrawal period.

VII. Termination of Contract

1. The Contract shall only be terminated in accordance with the terms laid out in it.

VIII. Flaws and Defective Products

1. Claims related to flaws shall be addressed within individual Contracts.

IX. Communication

1. The communication between the Client and University shall have the form of e-mail, and, if necessary, snail mail, a phone call, or personal contact.
2. The Client shall communicate with the University using the applications of MU Shopping Center or by sending e-mails to obchodmailmunicz.
3. The e-mail addressed to the Client shall be sent to the e-mail address he/she provided on his/her registration or to the one stored under his/her profile in the Information System of Masaryk University. The Client shall check his/her e-mail on a regular basis.

X. Privacy Policy

1. The Clients' personal data shall be used in accordance with the Law No. 101/2000 Sb.
2. All the personal data shall be stored in the Information System of Masaryk University for the purpose of fulfilling the obligations stipulated in the Contract and those of University imposed by law. The unregistered Clients' personal data shall be stored in the Information System of Masaryk University for the period necessary for fulfilling the obligations stipulated in the Contract and those of University imposed by law. It is only the personnel authorized by the University that shall be allowed to access the Clients' personal information. The University will not share, sell or distribute any of the personal information to any third party. However, this does not apply to the information whose use the customer agrees with when placing an order, i.e. the information needed for shipping ordered items to the customer or providing him/her with shipping details.
3. By filling out the registration form, the Client agrees to the capture and processing of the personal data in accordance with the previous paragraph for the purpose of being provided with the ordered implementation. The Client can withdraw his/her consent by canceling his/her registration.
4. Provided the Client checks the Product information consent box, he/she will receive information on University's Products and Services. Doing so, the Client also agrees to the use of his/her personal information in accordance with Section 2. This consent can be withdrawn through a Shopping Center application or by sending a written notification to obchodmailmunicz.

XI. Final Provisions

1. The University shall archive all the Contracts made in the electronic and printed forms. The Contract is primarily issued as an electronic document and can be found in the overview of Client's orders in a printable form. In the situations where the Contract is issued on paper, the Client is provided with one of its copies after both the parties have signed it.
2. In the event of any inconsistency between the Contract and these Terms of Purchase, the Contract shall override the latter.
3. The Contract made via Shopping Center and all the relations it establishes shall be governed by and construed in accordance with the laws of the Czech Republic excluding conflict of laws. All disputes shall be resolved by Czech courts.
4. The University usually concludes Contracts in Czech, in which case it provides all the information via the MU Shopping Center and communicates with the Client for the duration of the Contract in Czech.
5. Provided the Contract has been concluded in another language, the University provides all the information via the MU Shopping Center and communicates with the Client for the duration of the Contract in this language.
6. The prices of Products and Services as well as information about these become effective as of the date they are made public.

View old Terms of Purchase valid until February 28, 2013.