Terms and Conditions

www.bohemiaporcelainstory.com

These General Terms and Conditions are a legal document governing the relationship between those interested in the products of St. Michael s.r.o., CRN: 09011617, registered office at Plavská 1982/15, 370 01 České Budějovice, registered at the Regional Court in České Budějovice, Section C, file no. 29724 (hereinafter referred to as the "Company"), and the Company. Visitors to this website (hereinafter referred to as a "Visitor") agree to observe the conditions set out here and approach them in full.

DEFINITIONS

GTC
These General Terms and Conditions, also referred to as a "contract"
Company
St. Michael s.r.o., CRN: 09011617, registered office at Plavská 1982/15, 370 01 České Budějovice, registered at the Regional Court in České Budějovice, Section C, file no. 29724
Products
Product packages (subscription / paid content) offered by the Company, specified on the website at www.bohemiaporcelainstory.com
Ordering Party, Client or Customer
A natural or legal person who is interested in concluding or has concluded a contract with the Company, the subject of which is a product offered by the Company. Only a person with full legal capacity who is able to deduce the consequences stipulated by law can become an Ordering Party/Client or Customer of the company.
The Ordering Party/Client or Customer declares that he is an adult - namely that he is at least 18 (eighteen) years of age - and that he has the capacity to act independently on his own behalf.
Visitor
• Any visitor to the website www.bohemiaporcelainstory.com. The Visitor declares that he is an adult - namely that he is at least 18 (eighteen) years of age - and that he has the capacity to act independently on his own behalf.
Website
• The Website is the entire web at www.bohemiaporcelainstory.com.

I Introductory provisions

  1. By accessing the website at www.bohemiaporcelainstory.com (hereinafter referred to as the "Website"), the Visitor agrees to comply with the Company's Terms and Conditions available on this website. These Terms and Conditions establish the rules for the use and purchase of services and products on the website www.bohemiaporcelainstory.com and are binding for each Visitor. If the Terms and Conditions are breached by a Visitor or the Company's Customer, the Company is entitled to draw legal consequences against the given person or entity.
  2. These terms and conditions govern the contractual relationship between the Ordering Party and the Company, the subject of which is:
    1. an electronic subscription (hereinafter also referred to as a "subscription agreement"); and/or
    2. access to selected content and services on the website and in applications operated by the Company (hereinafter also referred to as "paid content" and "paid content agreement").

II Copyright

The content of this website is protected by copyright and it is intellectual property or rights under the Company's exclusive license. This content consists in a logo, design, text, graphics, data, all photographs, animations, videos, etc. Any distribution, copying, modification, presentation and use of this content by a third party is only possible with the written consent of the Company. Every Visitor and Customer hereby agrees to be liable for any damage caused to the Company and its business partners resulting from misuse of the contents of this website or a breach of the Terms and Conditions, and they are obliged to compensate the Company for any lost profits and restoration costs in their full extent. Downloading, taking photos or other attempts to save the contents of this site are expressly prohibited, they will be severely punished and compensation will be strictly enforced in accordance with the law. Every Visitor and Customer further acknowledges and is fully aware that in the event of a violation of the rights arising from this article, he shall be obliged to pay a one-off contractual penalty, see Art. IX of these GTC.

III Conclusion of a contract

  1. A subscription agreement or paid content agreement (hereinafter collectively referred to as a "contract") is concluded when the Ordering Party completes and sends an order via an electronic form on the Company's website and when the Company sends confirmation of the order to the Ordering Party's email address.
  2. Until the order form is sent, the entered data can be changed and corrected indefinitely. The order can only be changed until the Company sends the Ordering Party confirmation of acceptance of the order.
  3. The Contract, including these Terms and Conditions, is concluded in Czech and English.
  4. The company is not bound by any codes of conduct pursuant to § 1826 par. 1, subparagraph b) of Act no. 89/2012 Coll, the Civil Code, as amended (hereinafter also referred to as the “Civil Code”).

IV Price and payment method

  1. The subscription / paid content price (hereinafter the "price") is listed on the Company's website.
  2. The Ordering Party undertakes to pay the price immediately by a non-cash method via an available payment gateway.
  3. The price shall be considered paid when the corresponding amount is credited to the Company's bank account. The Ordering Party will receive confirmation of the crediting of the price to the Company's account by email.
  4. The price is listed including VAT.
  5. In the event that the Client is entitled to a refund of the price or its proportional part, this amount will be refunded in the relevant proportional part to the account number from which the price was paid.
  6. A tax document for the payment of the price will be sent to the Ordering Party within 7 days from the day on which the Company received the order.

V Paid content

  1. After a paid content agreement is concluded and the price is paid pursuant to Art. IV of these Terms and Conditions, the Company shall give the Ordering Party access to the paid content of his choice. In order to access the content, the Ordering Party must be registered and logged in to his user account.
  2. With the conclusion of a contract on paid content, the Ordering Party undertakes to use the paid content in accordance with these terms and conditions, legal regulations and the Company's instructions.
  3. The Company is entitled to change, make additions to or limit the structure of the paid content, the type and scope of the paid content, without having to notify the Ordering Party thereof.
  4. The Company reserves the right, at its sole discretion, to provide access to paid content items outside of the paid content.
  5. Access to paid content is intended for one person only and is non-transferable. The Ordering Party undertakes not to provide or assign access to paid content to third parties without the prior written consent of the Company, as well as not to alienate access. In the event of a breach of the Ordering Party's obligations under the previous sentence, the Company is entitled to immediately limit or cancel the Ordering Party's access to the paid content.

VI Rights arising from defective performance

  1. The Ordering Party has the right to exercise the rights arising from the Company's defective performance, particularly if access to paid content is made impossible.
  2. Complaints and other claims arising from defective performance are submitted via email to the email address info@bohemiaporcelainstory.com no later than 3 working days from the provision of access to paid content. The Company may not take delayed complaints into account.
  3. The Company is obliged to inform the Ordering Party about the manner in which complaints or other claimed rights arising from defective performance will be settled.
  4. In the event of a complaint that the Company deems justified, the Ordering Party shall be entitled to renewed access to the paid content.

VII Duration and termination of the Contract

  1. A subscription/paid content agreement is concluded for a fixed term.
  2. The duration of the contractual relationship established on the basis of a subscription/paid content agreement shall depend on the Ordering Party's choice in the order, but it shall be no longer than 12 months.
  3. The contractual relationship established on the basis of a subscription/paid content agreement may be terminated by the withdrawal of either party. The notice period is 2 months. The notice period shall begin on the first day of the month following the delivery of the notice to the other party.
  4. In the case of a subscription/paid content agreement, the Ordering Party, who is a consumer, has the right to withdraw from the contract pursuant to § 1829 et seq. of the Civil Code within 14 days from the conclusion of the contract if the Company's performance has not begun.
  5. The termination of the contract is without prejudice to the validity and effectiveness of the provisions of the Company's Terms and Conditions relating to intellectual property rights and others.
  6. Each contracting party is entitled to withdraw from the contract due to a gross breach of obligations arising from it.
  7. Upon termination of the contract, the parties are obliged to settle all mutual obligations.

VIII Marketing events

  1. Marketing events are offers of the Company, within which it provides specific performance for ordering parties for the event of new subscription/paid content orders. Entitlement to this specific performance arises from the payment of the price of the subscription/paid content.
  2. Marketing events are valid for all countries, or for selected countries, depending on the purpose and specification of a specific marketing event.
  3. The Ordering Party is only entitled to an offer in a marketing event if the conditions stipulated in advance by the Company are met.
  4. If the Company's performance based on a marketing event is made impossible for reasons caused by the Ordering Party, the Company is not obliged to provide this performance again. In such a case, the Ordering Party has the right to send the Company a written request for the provision of this performance, and is obliged to reimburse the Company for all costs incurred in relation to the additional performance.
  5. A contract concluded on the basis of a marketing event cannot be terminated prematurely before the expiry of the period for which the contract is concluded, nor is it possible to change this performance in any way.
  6. The company reserves the right to provide performance in a similar value if performance based on a marketing event can no longer be provided.

IX Sanctions and contractual penalties

The Ordering Party/Customer fully acknowledges and agrees that in the event of a gross breach of these GTC, especially a breach of obligations by the Ordering Party/Customer arising from Article II of these GTC, the Ordering Party/Customer shall be obliged to pay a one-off contractual penalty/sanction in the amount of 500 000 EUR. This payment does not in any way compensate for or affect other claims of the Company for damages, as listed in Art. II of these GTC.

X Final provisions

  1. The contractual relations between the Company and the Ordering Party are governed by the law of the Czech Republic, particularly relevant provisions of the Civil Code, or the Consumer Protection Act.
  2. All disputes arising from or in connection with this contract will be finally settled by a Czech court of competent jurisdiction. In specific cases that do not allow this solution, disputes will be settled by an international court.
  3. By completing the order, the customer agrees to these Terms and Conditions.
  4. A change in the Terms and Conditions shall be without prejudice to the contractual relationship concluded during the validity and effectiveness of the original version of the Terms and Conditions.
  5. If the Ordering Party is a natural person who is a consumer, the Ordering Party is entitled to file a motion for out-of-court settlement of a dispute between the Company and the Ordering party with the Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Prague 2, CRN: 00020869, or with another entity authorised by the Ministry of Industry and Trade. For more information, visit www.coi.cz and www.mpo.cz.
  6. If the Ordering Party is an entrepreneur, the contracting parties exclude the application of the provisions of § 1799 and § 1800 of Act no. 89/2012 Coll., the Civil Code, as amended.

www.bohemiaporcelainstory.com

The project and its further development are supported by: CEWE FOG Porzellanikon