Terms and Conditions
of the National Museum, a semi-budgetary organisation, with its registered office at Václavské náměstí 68, 110 00 Prague 1, ID No. 0002 3272, Tax ID No. CZ 0002 3272 (hereinafter the “Seller”), for the sale of tickets, goods and other services (hereinafter collectively the “Products”) through the online shop at www.nm.cz and through the Seller's sales and collection points.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions of the Seller regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Sb., the Civil Code, the mutual rights and obligations of the Buyer and the Seller arising in connection with or on the basis of a purchase contract concluded between them through the Seller's online shop or in the Seller's sales or collection points. The online shop is operated by the Seller on the website at www.nm.cz with the transition from the booking, ordering and shopping phase to the online shopping cart of the ColosseumTicket booking and sales system of Perfect System, s. r. o. (hereinafter collectively the “Website”).
1.2. The Buyer is either a consumer (always a natural person) or an entrepreneur (a natural or legal person). If the Buyer provides their identification number (ID No.) in the order, they take into account the fact that they are considered an entrepreneur by the Seller.
1.3. By placing an order, the Buyer confirms that they have read the Terms and Conditions before concluding the purchase contract and that they agree to them without reservation.
1.4. The Buyer is aware that by the purchase of the Products included in the Seller’s business offer they do not acquire any rights to use registered trademarks, trade names or company logos of the Seller or third parties, unless otherwise agreed in a special contract.
1.5. When using any electronic content, the Buyer is obliged to comply with the obligations set out in the legislation governing copyright works and in the licence terms of the specific Product.
1.6. The provisions of the Terms and Conditions are an integral part of the purchase contract. Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Any deviating provisions agreed in the purchase contract shall prevail over the provisions of the Terms and Conditions.
1.7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
1.8. “Regular Ticket” means a ticket printed at the Seller’s box office or at the point of sale of the Seller’s contracted vendor. “E-ticket” is a ticket that the Buyer receives in PDF format for download or print after it has been paid through the Seller’s online shop.
1.9. The online shop operating hours are 24 hours a day, 7 days a week. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller’s or third parties’ equipment.
2. PERSONAL DATA
2.1. Based on the Buyer’s registration made on the Website, the Buyer can access their user interface (hereinafter the “User Account”). From the user interface, the Buyer can add Products to the online shopping cart and choose the delivery and payment method. The Seller offers different payment and delivery methods for different types of Products according to the operational possibilities and set conditions, or requires different levels of registration from the Buyer (quick simple registration, full registration).
2.2. When registering on the Website and when ordering and purchasing Products, the Buyer is obliged to provide all personal data correctly and truthfully and to inform the Seller of any changes. The Buyer confirms that the personal data provided is accurate and true. The Seller is entitled to delete inaccurate and false personal data.
2.3. The Seller may cancel the User Account or restrict access to it, especially if the Buyer has not been using the User Account for more than 2 years or if the Buyer violates the Terms and Conditions.
2.4. The personal data processing and protection policy is described in a separate document.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The presentation of the Products placed on the Website is informative and the Seller is not obliged to conclude a purchase contract regarding these items. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Website contain information about the Products. The prices of the Products are inclusive of VAT at the statutory rate and all related charges, in particular charges related to packaging and delivery costs. Prices remain valid for as long as they are displayed on the Website. This provision does not restrict the Seller’s opportunity to conclude the purchase contract on individually agreed terms.
3.3. When ordering and purchasing Products in the online shop, the Buyer selects in particular the Product (“puts” it into the online cart), the method of payment (payment of the purchase price) and the details of the required delivery method, while confirming the information about the costs associated with the delivery of the Products (hereinafter also collectively the “Order”).
3.4. Before sending the Order to the Seller, the Buyer is allowed to check and change the information that the Buyer has entered in the Order. The information provided in the Order is considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall send to the Buyer’s email address specified in the user interface a confirmation of receipt of the Order.
3.5. The Seller is entitled, depending on the nature of the Order (quantity, weight, amount of the purchase price, estimated shipping and packaging costs) to ask the Buyer for additional Order confirmation with an adjustment of the contractual terms (by email or phone or in writing).
3.6. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by email to the Buyer’s email address.
4. PRICE AND PAYMENT TERMS
4.1. The price of the Products and the costs associated with the delivery of the Products, including VAT, according to the purchase contract, can be paid by the Buyer to the Seller as follows:
- payment in cash or by card at the point of sale or in cash at the Seller’s collection point;
- payment in advance by bank transfer from banks in the Czech Republic;
- payment via an internet-based secure payment gateway (online by card);
- payment in cash or by card on delivery in the Czech Republic (Czech Post);
- payment on invoice by bank transfer or in cash with agreed due date (only for entrepreneurs).
4.2. The individual payment methods are offered according to availability and depending on the Product and time of purchase. The Buyer respects the options offered on the Website and in the online shopping cart, especially when purchasing different types of Products in combination. The information in the shopping cart and the acceptance of the Order by the Seller include information about the collection point and time of possible collection of prepaid goods, or about the collection points and time of possible collection of prepaid tickets.
4.3. The Seller reserves the right to permanently or temporarily not allow bookings, especially for tickets. In the case of any transfer or gifting of the ticket to anyone else, the Buyer is obliged to inform the transferee that in the case of a refund of the ticket price, the Seller returns the money directly to the person who bought the tickets.
4.4. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the Products. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the Products, including VAT.
4.5. In the case of payment by bank transfer, the Buyer is obliged to fill in the variable symbol of the payment when paying the purchase price of the Product.
4.6. The Seller reserves the right to deliver goods or tickets or commence provision of services to the Buyer at any time after full payment of the total purchase price.
4.7. In the case of payment on invoice issued to the entrepreneur, the Seller may at any time require an advance payment in the form of an advance invoice paid before delivery of the goods. The provisions of Section 2119(1) of the Civil Code shall not apply. The Seller may limit the number of purchased items in a single sales transaction.
4.8. Any discounts on the price of the Products provided by the Seller to the Buyer may not usually be combined with each other, may be designed for certain groups of customers on a long-term basis (e.g. seniors, students, children, disabled) or limited in time (promotional). Custodians are entitled to require a proof of entitlement to a discount if the discount is conditional on the proof of entitlement.
4.9. If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue a tax document to the Buyer in respect of payments made under the purchase contract. The Seller is a VAT payer. The Seller shall issue the tax document and send it to the Buyer together with the goods. In the case of certain Products, the Seller is exempt from applying VAT pursuant to Section 61(e) of Act No. 235/2004 Sb., on Value Added Tax, especially in the case of tickets.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The consumer acknowledges that according to the provisions of Section 1837 of the Civil Code, they may not withdraw from a purchase contract concluded through an online shop if it is a contract for:
(a) the provision of services which the Seller has performed with the prior express consent of the consumer before the expiry of the withdrawal period;
(b) the supply of goods or services the price of which depends on financial market fluctuations independent of the Seller’s will that may occur during the withdrawal period;
(c) the supply of goods that have been adjusted for the consumer or according to the consumer’s wishes;
(d) the delivery of perishable goods and goods which have been irretrievably mixed with other goods after the delivery;
(e) the repairs or maintenance carried out at a place designated by the consumer at their request; however, this shall not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
(f) the delivery of goods in closed packaging which the consumer has removed from the packaging and which may not be returned for hygiene reasons;
(g) the supply of an audio or visual recording or computer programme if the consumer has damaged the original packaging;
(h) the supply of newspapers, periodicals or magazines;
(i) the transport or leisure activities, if the entrepreneur provides these services within a specified time (tickets, e-tickets);
(j) the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period.
5.2. If this is not the case referred to in Article 5.1, the consumer, who is not an entrepreneur, has the right to withdraw from the purchase contract agreed through the online shop within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code. The Buyer may deliver the notice of withdrawal from the purchase contract in person, in writing or by e-mail. In the event of withdrawal from the contract, the consumer shall bear the costs associated with the return of the goods. The consumer may use the attached sample withdrawal form, but is not obliged to do so.
5.3. If the purchase of the Products leads to the conclusion of a purchase contract at the Seller’s sales or collection point only on the basis of a prior booking in the online shop, by e-mail or phone (without concluding a purchase contract in the online shop) or without any prior booking, the consumer may not withdraw from the purchase contract.
5.4. If the Buyer who is an entrepreneur is allowed to withdraw from the purchase contract within fourteen (14) days by the Seller’s decision, then the entrepreneur acknowledges that the refunded purchase price may be reduced by the amount by which the value of the goods has been reduced.
5.5. In the event of withdrawal from the purchase contract, the purchase contract shall be terminated from the outset. The goods must be returned to the Seller within fourteen (14) days of the Buyer's withdrawal from the contract. If the Buyer withdraws from the purchase contract, they bear the costs associated with the return of the goods to the Seller. In the event of withdrawal from the purchase contract, the Buyer is only entitled to a refund of the money paid for shipping in the lowest amount offered.
5.6. In the event of withdrawal from the purchase contract, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the purchase contract. The Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller.
5.7. In the case the Product has been damaged, the Seller is entitled to unilaterally set off the claim for payment of damages against the Buyer’s claim for a refund of the purchase price.
5.8. The Seller is entitled to withdraw from the purchase contract at any time until the Buyer accepts the Product. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, by a transfer to the account designated by the Buyer.
5.9. In the event of withdrawal from a contract the subject matter of which is the provision of services that has already started, the consumer is obliged to pay a proportionate part of the price.
5.10. The Seller will not accept the return of purchased tickets or their exchange for any other tickets, no matter the reason. The Buyer is obliged to check all the information concerning the tour (event) for which they are buying a ticket. No refunds will be given for lost tickets.
5.11. If a tour (event) is cancelled, refunds or ticket exchanges may be requested from the date of the cancellation notification until fourteen (14) days after the originally scheduled date of the tour (event) or the expiration date. For tickets purchased online and paid by a card, refunds will be processed automatically within 14 days of the cancellation notification via a refund transaction through a secure payment gateway.
6. SHIPPING AND DELIVERY
6.1. The Seller provides or arranges the following methods of delivery and shipping of Products:
- personal collection at the Seller’s sales and collection points;
- by post in the Czech Republic (including payment on delivery made to the Czech Post);
- by post to EU countries;
- by means of electronic communication (e-ticket, e-content).
6.2. Individual shipping and delivery methods are offered depending on the specific ticket, service, goods or electronic content, or the time of purchase. The Buyer respects the options offered on the Website and in the online shopping cart, especially when purchasing different types of Products in combination. The information in the shopping cart and the acceptance of the Order by the Seller include information about the collection point and time of possible collection of prepaid goods or tickets.
6.3. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.4. If for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with this.
6.5. The Buyer is obliged to check the condition of the shipment immediately upon its delivery (number of packages, integrity of packaging, external damage to the shipment). The Buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract because the shipment is for example incomplete or damaged. If the Buyer accepts the damaged shipment, it is necessary to immediately notify the Seller of the incomplete or damaged shipment by email or by post.
6.7. The delivery time for the goods is usually within 3 working days of handing the goods over to the carrier. If the goods are in stock, they are usually delivered to the carrier within 3 working days.
6.8. In the event that the Buyer chooses to pay on delivery and does not accept the shipment for any reason, this act will be considered a breach of the Terms and Conditions and the purchase contract. If the Order with payment on delivery is not collected by the customer, the customer will be required to pay the shipping costs and handling fee incurred. If the Buyer requests a redelivery, the shipment will be resent and the Order price will be increased by additional shipping fee.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Buyer and the Seller with regard to the rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Sb., on Consumer Protection, as amended).
7.2. The Seller is liable to the Buyer for the fact that the Product is free from defects upon its delivery. In particular, the Seller is liable to the Buyer for the fact that at the time the Buyer took delivery of the Product:
(a) it has the characteristics agreed between the parties and, in the absence of such agreement, it has the characteristics described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the Product;
(b) it is fit for the purpose for which the Seller states its use or for which a Product of this kind is normally used;
(c) it conforms in quality or workmanship, as the case may be, to the agreed sample or specimen;
(d) it is in the appropriate quantity, measure or weight;
(e) it complies with the requirements of the legislation.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to a Product sold at a lower price due to a defect, due to wear and tear caused by its normal use, to second-hand goods due to a defect corresponding to the level of use or wear and tear that the goods had when accepted by the Buyer, or if this results from the nature of the goods. The Buyer has no right from defective performance if they knew that the thing has a defect prior to accepting it or if they caused the defect themselves.
7.4. The Buyer shall claim the rights from defective performance from the Seller in the Business Department of the National Museum, Vinohradská 1, 110 00 Prague 1, telephone: --- , mobile: --- , email: firstname.lastname@example.org. The moment of making a claim is considered to be the moment when the Seller received the claimed goods from the Buyer. The Buyer is obliged to notify the Seller of the defect without undue delay after they could have discovered it with timely inspection and sufficient care.
7.5. In the case of a written claim, the consumer is informed of the acceptance of the claim, the manner of its handling and duration within 3 working days at the latest.
7.6. If the defective performance is acknowledged, the costs associated with sending the goods will be paid to the Buyer by a postal order or bank transfer, as agreed.
7.7. The Seller shall notify the Buyer of the settlement of the claim by telephone or email, or, if agreed, in writing.
7.8. The Seller shall not be liable for damages resulting from the operation of the Products, functional features and improper use of the Products, as well as for damages caused by external events and wrong handling. Defects of this origin are not covered by the warranty.
7.9. If the defective performance is a material breach of the contract, the Buyer is entitled to:
- having the defect remedied by supplying a new thing without the defect or by supplying the missing thing;
- having the defect remedied by repairing the thing;
- a reasonable discount on the purchase price;
- a withdrawal from the contract.
The Buyer shall inform the Seller of the right he has chosen when notifying them about the defect or without undue delay after notifying them about the defect. The Buyer may not change the chosen option without the Seller’s consent. This does not apply if the Buyer has requested the remedy of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or if the Seller notifies the Buyer that they will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price instead of remedying the defects or may withdraw from the contract. The Buyer (consumer) is entitled to a reasonable discount even if the Seller cannot deliver a new thing without defects, replace a part of the thing or repair the thing, as well as if the Seller fails to remedy the defect within a reasonable time or if it would cause significant difficulties for the consumer to remedy the defect.
7.10. If the defective performance is an insignificant breach of contract, the Buyer has the right to have the defect remedied or to a reasonable discount on the purchase price. The Seller may, at their own choosing, remedy the defect by repairing the thing or by supplying a new thing. If the Seller does not remedy the defect in time or refuses to do so, the Buyer may demand a discount on the purchase price or may withdraw from the contract. The Buyer may not change the chosen option without the Seller’s consent.
7.11. The Buyer has the right to a new thing or replacement of a part even in the case of a removable defect, if the thing cannot be used properly due to the recurrence of the defect after the repair or due to a greater number of defects. In such a case, the Buyer has also the right to withdraw from the contract.
7.12. If the Buyer did not notify the Seller about the defect in time and without undue delay after they could have discovered it with timely inspection and sufficient care, the court shall not grant them the right from defective performance. In the case of a latent defect, the same shall apply if the Seller was not notified about the defect without undue delay after the Buyer could have discovered it with sufficient care, but within two years after the handover of the thing at the latest.
7.13. The Buyer may not withdraw from the contract or demand delivery of a new thing if they cannot return the thing in the same condition as they received it (including accessories). That does not apply if:
- there has been a change in the condition as a result of an inspection to determine the defect of the thing;
- the Buyer used the thing before the defect was discovered;
- the Buyer has not caused the impossibility of returning the thing in its unaltered condition by an act or omission;
- the Buyer sold the thing before the defect was discovered, consumed it or altered the thing during its normal use; if this happened only partially, the Buyer shall return to the Seller what they can still return and shall give the Seller compensation up to the amount in which they benefited from the use of the thing.
8. CONTACT, COLLECTION AND DELIVERY POINTS
8.1. The information support for tickets and goods purchases is provided by the Seller on weekdays by e-mailing at email@example.com or firstname.lastname@example.org, by calling on the reception phone number. See web pages of the Seller, where these and other contacts can be published.
8.2. The collection points for printed tickets ordered in the online shop are the Seller’s box offices during their normal operating hours.
8.3. The collection point for goods ordered in the online shop is the New Building of the National Museum, Vinohradská 1, 110 00, Prague 1. Collection is possible after receiving an email with collection instructions, usually on the next working day after booking or paying for the goods, no earlier than 14:00.
8.4. The deadline for personal collection of the booked or paid goods is 14 days. If the Buyer does not collect the booked or paid goods in person within 14 days, the booking will be cancelled and the payment, if any, will be returned to the Buyer's account.
8.5. In the case of personal collection of an Order that has been paid online in advance or is paid on delivery upon receipt of the Product, the Seller or their contractual partner may require the presentation of an identity document (ID card, passport). Without the presentation of any of the relevant documents, the Seller or their contractual partner may refuse to hand over the goods.
9. FINAL PROVISIONS
9.1. The Terms and Conditions are drawn up in Czech and English. In the event of a conflict between the two language versions, the Czech version of the Terms and Conditions shall prevail.
9.2. Relationships and any disputes arising under purchase contracts shall be resolved exclusively under the law of the Czech Republic by the competent courts of the Czech Republic. If the relationship established by a purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
9.3. Competent authority for out-of-court settlement of consumer disputes arising from purchase contracts is the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, https://adr.coi.cz/cs. To resolve disputes between the Seller and the Buyer under a purchase contract the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used, as the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). Before proceeding to an out-of-court settlement of the dispute, the Seller recommends using the Seller’s email and telephone support contacts or other means of personal or written negotiation with the Seller first.
9.4. The purchase contract is concluded in Czech. If a translation of the contract is made for the Buyer's needs, the interpretation of the contract in the Czech language shall prevail in the event of a dispute over the interpretation of terms.
9.5. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
9.6. Amendments and supplements to the purchase contract or the Terms and Conditions require a written form.
9.7. The Terms and Conditions are valid and effective as of 1 August 2023 and supersede the previous version of the Terms and Conditions.
Prague, 1 August 2023