GENERAL TERMS AND CONDITIONS OF Praguephoria s.r.o.
This English text is a translation of the Czech General Terms and Conditions. Under clause 1.8 the contract and these terms are drawn up in Czech, and the Czech wording prevails.
1.1. Praguephoria s.r.o., company ID 24577031, with its registered office at Nové náměstí 1370/12, Uhříněves, 104 00 Prague 10, registered with the Municipal Court in Prague under file no. C 443543 (the "seller"), operates the VR Tour of Prague in Historical Carriages exhibition on the ground floor of the building at: Prague 1, Malá Strana, Karmelitská 379/18, postcode 118 01 (the "Praguephoria").
1.2. These terms and conditions of the seller (the "terms and conditions") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (the "purchase contract") for the sale of goods concluded between the seller and another person (the "buyer") through the seller's online shop (the "online shop") located at https://www.praguephoria.cz/cs#tickets-widget with an ordering or purchasing stage into a web shopping basket (the "website" or the "web interface of the shop"), or through the Praguephoria bricks-and-mortar shop/kiosk/physical box office (the "bricks-and-mortar shop").
1.3. The terms and conditions are published on the seller's website https://www.praguephoria.cz/cs#tickets-widget and are further available at the box office of the bricks-and-mortar premises at Prague 1, Malá Strana, Karmelitská 379/18, where customers can read them before concluding the purchase contract.
1.4. The subject of the purchase contract is in particular Praguephoria merchandise, tickets and other vouchers or confirmations for services provided during opening hours at the seller's premises, i.e. at Praguephoria, and/or through the online shop (jointly the "goods"). If the acquisition of any goods for consideration through the online shop on the website does not constitute a purchase within the meaning of Section 2079 et seq. of the Civil Code, these terms and conditions apply mutatis mutandis together with the specific provisions of the Civil Code.
1.5. The seller is solely responsible for fulfilling the obligations arising from the purchase contract and is the party you may contact in connection with exercising your rights, as further specified below in these terms and conditions.
1.6. The buyer may be a consumer (always a natural person) or a business (a natural or legal person). A consumer is a person who concludes the purchase contract with the seller, or otherwise deals with the seller, outside the scope of their business activity or outside the scope of the independent exercise of their profession. A business is a person who independently carries out a gainful activity on their own account and responsibility, by way of a trade or in a similar manner, with the intention of doing so consistently for profit.
For consumer protection purposes, a business also means any person who concludes contracts related to their own commercial, manufacturing or similar activity or to the independent exercise of their profession, or a person acting in the name of or on behalf of a business. If the buyer states their company identification number in the order, the buyer acknowledges that they will be treated as a business.
1.7. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract prevail over the provisions of the terms and conditions.
1.8. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.9. The seller may change or supplement the wording of the terms and conditions. This does not affect the rights and obligations that arose during the effective period of the previous wording of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentation of goods placed in the web interface of the shop is informative in nature and the seller is not obliged to conclude a purchase contract for such goods. Section 1732(2) of the Civil Code does not apply.
2.2. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are stated including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This does not limit the seller's ability to conclude a purchase contract on individually agreed terms. If the price of specific goods or the right to purchase them (in particular Praguephoria merchandise, tickets, etc.) is conditional on meeting certain conditions (e.g. a discount for children, a discount for pensioners, a group discount, a discount for families with children) and/or relates to a specific person (e.g. tickets issued in a name), the buyer or the other person using them must prove that those conditions are met when they are redeemed at Praguephoria.
2.3. Where the nature of the goods allows it (e.g. a ticket with a barcode or similar code), the goods are delivered by sending them in PDF format to the e-mail address stated by the buyer in the order (the "buyer's electronic address"). The buyer must print the electronically delivered goods at their own cost so that the goods are machine-readable when redeemed at Praguephoria. Where electronic delivery is excluded, the web interface of the shop also contains information about the costs of packaging and delivery. The information about the costs of packaging and delivery stated in the web interface of the shop applies only where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer completes the order form in the web interface of the shop. The order form contains in particular information about:
a) the goods ordered (the buyer "places" the ordered goods into the electronic shopping basket of the web interface of the shop),
b) the method of payment of the purchase price of the goods,
c) the requested method of delivery of the ordered goods, where relevant given the nature of the goods, and
d) the costs associated with the delivery of the goods, where relevant given the nature of the goods
(jointly the "order").
2.5. On the basis of registration carried out on the website, the buyer may access their user interface (the "user account"). From their user account the buyer may add goods to the online shopping basket and choose an available delivery and payment method. The buyer may also order goods without registration, directly from the web interface of the shop.
2.6. When registering on the website and when ordering goods, the buyer must state all personal data correctly and truthfully and inform the seller of any change. The buyer confirms that the personal data provided are accurate and true. The seller is entitled to delete inaccurate and untrue personal data.
2.7. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, including the ability to detect and correct errors made when entering the data. The buyer sends the order to the seller by clicking the "order with an obligation to pay" button. The seller considers the data stated in the order to be correct. Immediately upon receiving the order the seller confirms its receipt to the buyer by e-mail sent to the buyer's electronic address.
2.8. Depending on the nature of the order (quantity of goods, purchase price, expected delivery costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
2.9. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which the seller sends to the buyer by e-mail to the buyer's e-mail address. After the purchase contract has arisen under the first sentence of this clause, it may be terminated by withdrawal under clause 4 of the terms and conditions.
2.10. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer.
2.11. By sending the order the buyer confirms that they read the terms and conditions before concluding the purchase contract.
2.12. The usual operating hours of the online shop are 24 hours a day, 7 days a week. The buyer acknowledges that the user account need not be available continuously, in particular with regard to necessary maintenance of the seller's hardware and software, or necessary maintenance of third parties' hardware and software.
2.13. Access to the user account is secured by a user name and a password. The buyer must keep confidential the information needed to access their user account and acknowledges that the seller is not liable for a breach of this obligation by the buyer.
2.14. The buyer may not allow third parties to use the user account.
2.15. The seller may cancel the user account, in particular where the buyer has not used it for more than 3 years, or where the buyer breaches their obligations under the purchase contract (including the terms and conditions).
3. PRICE AND PAYMENT TERMS
3.1. The buyer pays the price of the goods and any costs associated with their delivery under a purchase contract concluded through the online shop cashlessly, by MasterCard or Visa card through a secure online payment gateway (i.e. by card online).
3.2. Individual or other payment methods are offered and accepted according to current availability, i.e. depending on the specific goods and the time and place of purchase. The buyer respects the options offered in the web interface and the online shopping basket, in particular when combining purchases of different types of products.
3.3. The prices of the goods are stated including value added tax and all related charges. Together with the purchase price the buyer must also pay the seller the costs associated with packaging and delivery of the goods in the agreed amount, where relevant given the nature of the goods. Unless expressly stated otherwise, the purchase price also means the costs associated with delivery of the goods.
3.4. The seller sends the goods to the buyer after the entire purchase price has been paid, no later than within three working days. Payment means the crediting of the corresponding amount to the seller's account.
3.5. Any discounts on the price of the goods granted by the seller to the buyer cannot be combined with each other.
3.6. The validity of a ticket purchased through the web interface is limited to the day and time for which it was purchased. Tickets purchased at the box office of the bricks-and-mortar premises at Prague 1, Malá Strana, Karmelitská 379/18 are valid only on the day of purchase. In such a case the buyer has no right to a discount on the purchase price or to its refund, even if the services corresponding to the goods were not used.
3.7. Where usual in business dealings or where required by generally binding legal regulations, the seller issues a tax document, an invoice, to the buyer for payments made under the purchase contract. The seller is a value added tax payer. The seller issues the tax document, the invoice, to the buyer after the price of the goods has been paid and sends it electronically to the buyer's electronic address.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT BY A CONSUMER
4.1. The buyer acknowledges that under Section 1837(a) of the Civil Code they cannot withdraw from a contract for the provision of services if those services were performed with their prior express consent before the expiry of the withdrawal period; this also applies where the goods serve to redeem services within Praguephoria (e.g. a ticket) and those services were performed. The buyer therefore acknowledges that withdrawal from a purchase contract for goods serving the subsequent redemption of services is excluded where those services have already been provided by the seller. The buyer further acknowledges that under Section 1837(j) of the Civil Code they cannot withdraw from a contract for the provision of services, accommodation, transport, catering or leisure activities if the seller provides such performance on a specific date or during a specific period, as is the case with the sale of tickets with limited validity; this also applies where the goods serving the redemption of services within Praguephoria could be used only on a specific date (e.g. a New Year's Eve programme, special events, etc.) or where the buyer uses a ticket to book a specific date on which the service is to be provided by the seller.
4.2. Unless this is a case under clause 4.1 or another case in which withdrawal from the purchase contract is not possible, where the goods were acquired through the web interface of the shop (by distance means) the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods; where the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of taking delivery of the last consignment of goods. The withdrawal must be sent to the seller within the period stated in the previous sentence.
The buyer may send the withdrawal from the purchase contract, among other ways, to the address of the Praguephoria premises or to the seller's e-mail address [email protected]
4.3. In the event of withdrawal from the purchase contract under clause 4.2 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, including where the goods cannot be returned by the usual postal route due to their nature. Where the goods were sent to the buyer's electronic address (e.g. a ticket with a barcode or similar code) or where the goods can be reproduced by copying, upon the buyer's withdrawal the seller invalidates the goods in the seller's electronic system; goods invalidated in this way cannot be used for their original purpose and will not be accepted by the seller if presented by the buyer or by any other person. The seller must invalidate the goods in the manner described in the previous sentence immediately after a valid withdrawal by the buyer is delivered.
4.4. In the event of withdrawal from the contract under clause 4.2 of the terms and conditions, the seller returns the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way and by the same payment method used by the seller to receive them. The seller is also entitled to return the performance provided by the buyer already when the buyer returns the goods, or in another way, provided the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods were sent to the business, or before the goods are invalidated in the manner described in clause 4.3 of the terms and conditions.
4.5. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
4.6. Until the buyer takes delivery of the goods, the seller may withdraw from the purchase contract at any time. In such a case the seller returns the purchase price to the buyer without undue delay, in the same way and by the same payment method used to pay for the goods.
4.7. Where a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to the condition subsequent that if the buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective and the buyer must return the gift to the seller together with the goods.
4.8. The rights of withdrawal from the purchase contract set out in this clause of the terms and conditions apply only to contractual relationships in which the buyer is a consumer.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. Where the goods are delivered electronically to the buyer's electronic address under clause 2.3 of the terms and conditions, the buyer must check the goods properly immediately after they are delivered to their electronic address.
5.2. Where the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with that method of transport.
5.3. Where the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer must take delivery of the goods.
5.4. Where, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a manner other than stated in the order, the buyer must pay the costs associated with the repeated delivery of the goods or the costs associated with the other method of delivery.
5.5. When taking delivery of the goods from the carrier, the buyer must check that the packaging is intact and notify the carrier immediately of any defects. If the packaging is found to be damaged in a way indicating unauthorised entry into the consignment, the buyer does not have to accept the consignment from the carrier.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the parties concerning rights arising from defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
6.2. The seller is liable to the buyer for the goods being free of defects on receipt. In particular the seller is liable to the buyer that, at the time the buyer took delivery of the goods:
a) the goods have the properties agreed by the parties and, in the absence of an agreement, such properties as the seller described or as the buyer expected given the nature of the goods and the advertising carried out for them,
b) the goods are fit for the purpose the seller states for their use or for which goods of that type are usually used,
c) the goods are in the corresponding quantity and measure,
d) the goods comply with the requirements of legal regulations.
6.3. The buyer is entitled to exercise a right in respect of a defect that appears in consumer goods within twenty-four months of receipt. Where the validity of a ticket is limited in time (see clause 3.6 of the terms and conditions), the seller is liable for defects in the goods claimed by the buyer only during that period of validity.
6.4. Where defective performance constitutes a material breach of contract, the buyer has the right to have the defect removed by delivery of new goods without defects or delivery of the missing item; to have the defect removed by repair; to a reasonable discount on the purchase price; or to withdraw from the contract. The buyer informs the seller which right they have chosen when notifying the defect or without undue delay after notifying it. The buyer cannot change the choice made without the seller's consent, unless the buyer requested repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period, or notifies the buyer that the defects will not be removed, the buyer may request a reasonable discount on the purchase price instead of removal of the defect, or may withdraw from the contract. A buyer who is a consumer is also entitled to a reasonable discount where the seller cannot deliver new goods without defects, replace a part of them or repair them, and where the seller does not remedy the situation within a reasonable time or where doing so would cause the consumer considerable difficulties. If the buyer does not choose their right in time, they have the rights applicable to a non-material breach of contract, see below.
6.5. Where defective performance constitutes a non-material breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. The seller may, at its discretion, remove the defect by repairing the goods or by delivering new goods. If the seller does not remove the defect in time or refuses to remove it, the buyer may request a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
6.6. A complaint (rights arising from defective performance) may be made by e-mail to [email protected], in person during Praguephoria opening hours at the premises at Prague 1, Malá Strana, Karmelitská 379/18, postcode 118 01, or by post to Prague 1, Malá Strana, Karmelitská 379/18, postcode 118 01. The moment a complaint is made is the moment the buyer informed the seller that they are making a complaint.
6.7. Where the goods take the form of a ticket or another voucher or confirmation for services and goods provided at the seller's premises, the seller is not liable for their loss, theft, damage or misuse by any third party. Services that the buyer did not use on the basis of goods under the previous sentence lapse and the seller is not obliged to refund their price or a proportionate part of it to the buyer.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
7.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
7.3. The seller handles consumer complaints through the e-mail address [email protected]. The seller sends information about the handling of the buyer's complaint to the buyer's electronic address. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform at https://ec.europa.eu/consumers/odr may also be used to resolve disputes between the seller and the buyer arising from the purchase contract.
7.4. The seller is authorised to sell goods and provide the corresponding services on the basis of a trade licence. Trade licence inspections are carried out within its remit by the relevant trade licensing office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
7.5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
7.6. The buyer acknowledges that further rights and obligations of the parties arise from the Praguephoria Visitor Rules, which are available at the box offices and published on the Praguephoria website: Visitor Rules. The buyer undertakes to comply with and follow the Praguephoria Visitor Rules.
8. STORAGE OF COOKIES
8.1. The buyer agrees to so-called cookies being stored on their computer or other similar device. Where a purchase on the website can be made and the seller's obligations under the purchase contract can be performed without so-called cookies being stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
9. PERSONAL DATA PROTECTION
9.1. Information about personal data protection (GDPR) and about the storage of cookies under the previous clause can be found by the buyer on the Praguephoria.cz website
10. SERVICE OF COMMUNICATIONS
10.1. Communications may be served on the buyer at the e-mail address stated by the buyer in the order.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations. The general courts of the Czech Republic are competent to decide any disputes.
11.2. If any provision of the terms and conditions is or becomes invalid or ineffective, it is replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Amendments and additions to the purchase contract or the terms and conditions require written form.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. Contact details of the seller: address for service Praguephoria, Prague 1, Malá Strana, Karmelitská 379/18, postcode 118 01, e-mail address [email protected], telephone: 00420 727924576.
11.5. These terms and conditions are valid and effective from 1 July 2026.