I. Introduction
1.1 These Terms and Conditions determine the content of the Contract or the content of a part of the Contract concluded between Masaryk University and the customer (hereinafter referred to as the "Customer") via the portal Shopping Centre operated by Masaryk University at the web address https://is.muni.cz/obchod/ or http://obchod.muni.cz/ (hereinafter referred to as the "Shopping Centre"). Contracts concluded via other Masaryk University shopping channels are not governed by these Terms and Conditions, unless the contract explicitly refers to them.
1.2 Masaryk University seated Žerotínovo nám. 617/9, 601 77 Brno, IN: 00216224 (hereinafter referred to as the "University") offers goods and services through the Shopping Centre, which are:
a) educational services provided pursuant to Act No.111/1998 Coll., Higher Education Act, as amended (hereinafter referred to as "HEA"), particularly in the form of lifelong learning;
b) teaching or educational programme provided outside the framework of the HEA on the basis of the University's trade licence;
c) services and goods related to studying at the University that cannot be acquired in any other way (e.g., issuance of student ID cards, payment of certain fees);
d) goods or other services.
The goods and services referred to in (a) to (d) are hereinafter referred to as "Product" or "Products".
"Goods" means a tangible product, a thing that is supplied under a purchase contract. For the purposes of these Terms and Conditions, "Service" means a performance other than the provision of a thing, the nature of which is usually of a non-tangible nature.
1.3 A Customer who enters into a contract with the University through the Shopping Centre may be a natural or legal person. If the Customer concludes a contract outside the scope of business or outside the scope of his/her independent exercise of his/her profession, he/she is entitled to consumer rights.
1.4 Some Products are available only to Customers registered in the Masaryk University Information System (hereinafter referred to as "IS") or to persons who have created a profile in IS.
1.5 In some cases, a separate contract may be concluded with the Customer. The text of this contract will be available to the Customer before the order is placed. The provisions of such contract shall prevail over these Terms and Conditions.
II. Pre-contractual Representations for Costumer-Consumer
2.1 Consumer means a Customer who concludes a contract in the Shopping Centre outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession.
2.2 The University shall inform the consumer of his/her consumer rights and of the terms of the contractual relationship which arises on conclusion of the contract:
a) before confirming the order, the Consumer will be informed of:
i. the main features of the Product to the extent appropriate to the
means of distance communication used and the nature
of the Product;
ii. the basic information (identity) about University;
iii. the University's registered office address, telephone number and e-mail delivery address;
iv. the total price and the cost of delivery pursuant to Article 1811(2)(c) and (e) of the Civil Code;
v. the method of payment and the method and time of delivery or performance;
b) the cost of the means of distance communication is no different from the basic rate, i.e. the University does not charge any additional costs and the consumer pays only his/her costs for the Internet connection or telephone service;
c) the University requires payment of the full price of the Product before it is provided;
d) if a contract is concluded, the subject of which is a recurring performance, the shortest period for which the parties will be bound by the contract is specified for each specific Product;
e) in the case of a contract concluded for an indefinite period or the subject of which is a recurring performance, the price or the method of its determination for one billing period is indicated for each specific Product;
f) the prices of the Products are quoted in the Shopping Centre including all taxes and fees provided for by law; in order to properly complete the educational service, training or educational programme, the consumer may incur additional costs, in particular for the purchase of educational materials, educational literature or travel necessary for travel to the training or the cost of information technology and Internet connection in the case of distance learning; the cost of delivery of the Product varies according to the method chosen, the transport provider and the method of payment of the order;
g) if the Product is the completion of an educational service, instructional or training program culminating in an examination that tests the consumer's knowledge or skills, the University does not guarantee that the consumer will benefit from the proper completion of the educational service, instructional or training program by failing to demonstrate the required knowledge or skills on the examination;
h) the consumer has the right to withdraw from the contract within 14 days. This period shall expire on the expiry of 14 days from the date of conclusion of the contract, unless otherwise specified below, and in the case of:
- the purchase contract, from the date of receipt of the Goods,
- a contract involving several types of Goods or the supply of several parts, from the date of acceptance of the last delivery of Goods, or
- a contract whose subject matter is the regular recurring delivery of the Goods, from the date of receipt of the first delivery of the Goods.
i) the consumer may not withdraw from a contract:
i. for the provision of services which the University has performed with his prior express consent before the end of the time limit for withdrawal;
ii. for the supply of Goods or a Service whose price depends on fluctuations of the financial market which are beyond the control of the University and which may occur during the time limit for withdrawal;
iii. for the supply of goods which were customised or personalised (e.g. student ID);
iv. for the delivery of Products subject to rapid decay, as well as Goods which were irreversibly mixed with other Product after supply or for repair or maintenance work carried out at the place designated by the consumer at his/her request; however, this does not apply in the case of subsequent unsolicited repairs or supply of unsolicited spare parts;
v. for the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons;
vi. for the supply of audio or video recordings or computer software whose original seal was unsealed after supply;
vii. for the supply of newspapers, periodicals or magazines;
viii. for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent of the consumer before the time limit for withdrawal;
ix. for accommodation, transport, catering or leisure, if the entrepreneur provides these services within a specified period of time, contracts for the supply of Products shall be deemed to be such a contract if they are provided within a predetermined period of time.
x. for accommodation, transport, catering or leisure activities where the University provides the performances at a specific date,
j) in the event of withdrawal from the Contract, the Consumer shall be liable to the University for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary for the Consumer to become familiar with the nature, characteristics and functionality of the Goods, i.e. in the manner in which the Consumer would have become familiar with the Goods in a brick-and-mortar store;
k) in the event of withdrawal, the consumer shall inform the University by any unambiguous statement of withdrawal. For ease of processing, Consumers are advised to notify the University of their withdrawal by email at obchod@muni.cz, IS or by registered letter;
l) for withdrawal from the contract, the Customer may use the Withdrawal Form.
m) the withdrawal period is complied
with if the consumer has sent a communication
exercising the right of withdrawal before the expiry of the relevant period;
n) in the event of withdrawal from the contract, the subject of which is the delivery of the Goods, the consumer is liable for the reduction in the value of the Goods as a result of the handling of the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality;
o) in the event of withdrawal from the contract, the consumer shall bear the costs of returning the Goods and, in the case the contract is concluded by means of distance communication, the costs of returning the Goods if they cannot be returned by normal postal means due to their nature
p) in the event of withdrawal from the contract after the request for commencement of performance has already been submitted during the withdrawal period pursuant to Section 1824a (3) or Section 1828 (5) of the Civil Code, the Consumer shall provide the University with a refund pursuant to § Section 1834 of the Civil Code;
q) together with the withdrawal from the contract, the consumer is obliged to indicate the account number to which the University will refund the price paid, otherwise the payment will be returned to the account from which was credited. The University will return the payment made within 14 days to the account specified;
r) the consumer may file a complaint against the University's procedure in the case of the provision of education under the HEA according to Masaryk University Directive No. 3/2008, if the subject matter falls within the University's competence under the HEA or may proceed in accordance with Article 10.4.
II. Contract
3.1 The contract between the University and the Customer is concluded at the moment when the University delivers to the Customer a confirmation of receipt of the Customer's order and concluding of the contract, after the Customer submits his/her order by clicking on the "Complete order binding payment" button. The Customer's order constitutes a proposal to enter into a contract. The Customer may propose to enter into a contract for more than one Product with a single order. In such case, a contract for each Product shall be formed separately upon acceptance of the order by the University for each Product. The University reserves the right not to accept the order or any part thereof.
3.2 The University will notify the Customer of the acceptance or non-acceptance of the order (proposal to close the contract) and concluding of the contract by a message to the email address provided by the Customer in the registration form or when placing the order. Customers who have set up a profile in the IS will be notified of the acceptance of the proposal by a message to the e-mail address in the IS (in the format "University number of the Customer"@mail.muni.cz). The notification of acceptance of the order will contain details for making the payment, in particular the account number to which the payment is to be sent, the variable symbol and the total amount to be paid by the Customer. Along with this notification, the University will also send the Customer these Terms and Conditions in a digitally unalterable pdf. format.
3.3 The Customer is entitled to cancel the order at any time before the first payment for the Product is made by notification via IS.
3.4 In cases where a separate written contract is required for the provision of the Product, the contract is concluded when it is signed by both parties and when each party receives a signed copy of the contract.
3.5 The right to cancel a contract concluded in writing shall be governed by the terms of the contract. The consumer's rights to withdraw from the contract are not affected.
III. Payment of Price and Delivery Conditions
4.1 Unless otherwise stated, the Customer may choose through the Shopping Centre whether the price for the Product will be paid by bank transfer, credit card or cash. The Customer shall bear the costs associated with payment of the price of the Product, including bank charges on the Customer's side, costs arising from incorrect dispatch of payment and costs incurred by the University in returning amounts if the full price is not paid.
4.2 Unless otherwise stated, the price for the Product is payable prior to its provision, based on the notification of the conclusion of the contract (acceptance of its order), which includes instructions for payment. The Contract may provide that postage, packing and delivery charges shall be added to the price of the Product. Unless otherwise specified, payment may only be made in Czech currency.
4.3 The price shall be deemed to be paid when the full amount, including any postage, packing and delivery charges, is paid into the University's account.
4.4 If it is agreed to send the Product to the Customer's address, the University will send the Product within 7 days of the date of credit of the full purchase price. If personal collection of the Product is agreed, the Product shall be reserved for the Customer for a period of 10 days from the date of conclusion of the contract. The Product will not be released to the Customer unless the full price has been paid prior to delivery.
4.5 The Product, which consists in the provision of a Service or other performance that is not the Goods, is provided at the place, time and in the manner resulting from the offer of the Product in the Shopping Centre or from the terms and conditions set out in the concluded contract. If the place, time or manner of delivery of such Product is not agreed, the University shall determine such place, time or manner and shall communicate such information to the Customer.
IV. Accounting, tax and other documents
5.1 Accounting and tax documents shall be issued in electronic form only and shall be available in the Customer's order summary in a form that allows them to be saved and printed. Accounting and tax documents are not sent in written form.
5.2 The corrective tax document will be sent to the electronic address provided in the registration form or when the order is placed and will be displayed in the Customer's order summary. The corrective tax document shall be deemed to be delivered on the date it is made available in the Customer's order summary.
5.3 If the Customer will apply VAT, he/she must indicate the VAT number and, if he/she is a VAT payer, the VAT number when registering or placing an order. In this case, the Customer has no consumer rights.
5.4 The date of the taxable transaction for the sale of Products through the Shopping Centre is the date of issue of the tax document. The tax document shall be issued on the date of receipt of the first payment from the Customer.
5.5 The Goods will be accompanied by a delivery note.
V. Termination of the Contract
6.1 The University reserves the right to withdraw from the contract in the following cases:
a) the Customer fails to pay the full price for the ordered Product by the due date
b) the Customer fails to collect the Product by the due date;
c) the Product cannot be delivered for legal or technical reasons or due to unexpected and unavoidable obstacles;
d) the University stops offering the ordered Product for technical reasons or due to low interest in the Service;
e) expulsion of the Customer from the course for non-compliance with attendance or other study obligations.
6.2 The University will promptly inform the Customer of the withdrawal by e-mail.
6.3 The consumer has the right to withdraw from the contract according to the conditions set out in Article II of these Terms and Conditions.
6.4 In the event of withdrawal from the contract by the consumer, the subject of which is the purchase of Goods, the Customer shall send the Goods delivered together with the delivery note to the University's address or deliver the Goods personally at his own expense.
6.5 The Contract may only be terminated on the conditions set out in the Contract.
VI. Warranty and Claim of Defects
7.1 Claims for defects are regulated in the Return Policy available here.
VII. Communication
8.1 Communication between the Customer and the University shall be by electronic means and, where appropriate, in writing, by telephone or in person.
8.2 The Customer communicates with the University via the Shopping Centre applications or by sending e-mails to obchod@muni.cz or by phone 549 49 1111.
8.3 Communications from the University will be directed to the email address provided by the Customer at registration or when placing an order or to the Customer's address in the IS. The Customer is obliged to check this email box regularly.
VIII. Personal Data Protection and Security
9.1 The University processes the personal data of Customers in the course of its activities in the Shopping Centre. Information about the processing and protection of personal data is available on the official Notice Board at https://www.muni.cz/en/about-us/official-notice-board/personal-data-protection
IX.Closing provisions
10.1 The University will archive all concluded contracts in electronic or printed form. The contract will preferably be issued in electronic form and will be available in the Customer's overview of orders in a form that allows it to be saved and printed. In the event that the contract is drawn up in paper form, the Customer shall receive one copy of the contract after it has been signed by both parties.
10.2 In the event of a conflict between the contract and these Terms and Conditions, the provisions contained in the contract shall prevail.
10.3 The contract concluded through the Shopping Centre and all relations arising from it, including the issues of its formation and validity, shall be governed by the law of the Czech Republic, excluding conflict of laws rules.
10.4 In the event that a consumer dispute arises between the University and consumer under the purchase contract or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of- court settlement of such a dispute to a designated consumer dispute resolution body, which is the Czech Trade Inspection Authority Central Inspectorate – ADR Department Stepanska 44, 110 00 Prague 1 E-mail: adr@coi.cz Website: adr.coi.cz
10.5 The University usually concludes contracts in the Czech language. If the contract is concluded in the Czech language, the University provides the data in the Shopping Centre in the Czech language and will deal with the Customer in this language throughout the duration of the concluded contract.
10.6 If the Contract is concluded in another language, the University shall provide the data in that language in the Shopping Centre and shall deal with the Customer in that language throughout the duration of the Contract.
10.7 These Terms and Conditions shall take effect on 01/23/2023 Contracts concluded before the effective date of these Terms and Conditions shall be governed by current Terms and Conditions.