Terms of sale

These terms govern the rights and obligations of the seller and of a buyer who is a consumer, arising from a purchase contract concluded through the shop's web interface.

They do not apply where the buyer is a legal entity or a person acting in the course of their business.

Terms differing from these may be agreed in the purchase contract, and such terms prevail over these.

These terms form an integral part of the purchase contract. The contract and the terms are drawn up in Czech; this English version is informative only.

The seller may amend these terms. The version in force at the moment an order is submitted applies to that order.

The seller is not registered for VAT. Prices shown are final. On request sent to hello@janmiracky.com the seller will issue a proof of purchase.

For shipments to the United States and Australia the price includes customs duty and import charges; the seller pays these in advance and the buyer pays nothing on delivery. For other countries outside the European Union, customs duty, import tax or carrier handling fees may be assessed on delivery and are payable by the buyer. Within the European Union the shipment does not cross a customs border and no such charges arise.

The shop's web interface states the goods on offer, their prices and the cost of delivery. Prices remain valid for as long as they are displayed.

The calendar is produced in a single print run sized to the pre-orders and is not reprinted. Pre-orders are open for the period stated on the product page.

The buyer places an order by completing the order form, which covers:

• the goods ordered and the quantity,
• the method of payment,
• the chosen delivery method and its cost.

Before submitting the order the buyer may review and change the details entered, including for the purpose of detecting and correcting errors.

By submitting the order the buyer confirms that they have read and accept these terms.

The contract is concluded when confirmation of the order is delivered to the buyer's email address. If the print run is exhausted, the seller will notify the buyer without delay and refund any amount already paid in full.

The buyer agrees to the use of means of distance communication. Any costs of doing so are borne by the buyer and do not differ from the standard rate.

The price of the goods and the cost of delivery may be paid:

• by bank transfer to the seller's account,
• by payment card through the Stripe payment gateway,
• in cash on collection in Prague.

Cash on delivery is not offered.

Together with the price the buyer pays the agreed cost of packaging and delivery. Unless stated otherwise, references to the purchase price include these costs.

Where payment is by transfer, the price falls due within fourteen days of the contract being concluded and is paid quoting the variable symbol given in the order confirmation. The obligation is discharged when the amount is credited to the seller's account.

Where payment is in cash, the price falls due on collection.

The seller is entitled to require payment in full before dispatch. Section 2119(1) of the Civil Code does not apply.

If the buyer does not pay within the period under clause 3.4, the seller may withdraw from the contract.

The buyer may withdraw from the contract without giving a reason within fourteen days of the day on which they, or a third party designated by them other than the carrier, take delivery of the goods, or of the last item where several items ordered together are delivered separately.

The seller claims none of the exceptions under section 1837 of the Civil Code. The right of withdrawal applies to signed copies as well.

Notice of withdrawal must be sent within the period under clause 4.1. An email to hello@janmiracky.com is sufficient, and the period is met by sending that notice. The buyer may use the model form annexed to these terms.

The seller will give the return address in reply to the notice of withdrawal. Time spent waiting for that reply does not count against any deadline on the buyer's side.

The buyer returns the goods without undue delay and no later than fourteen days after withdrawing. The deadline is met if the goods are dispatched before it expires. The buyer bears the direct cost of returning the goods.

Withdrawal cancels the contract from the outset. The seller refunds all sums received, including delivery costs, within fourteen days of withdrawal and by the same means by which they were received. The seller need not refund before the goods are returned or the buyer proves they have been dispatched.

Where the value of the goods has been diminished by handling beyond what is necessary to establish their nature and characteristics, the seller may set off a claim for that loss against the refund.

Until the buyer takes delivery, the seller may withdraw from the contract at any time, refunding the price without undue delay to an account nominated by the buyer.

Calendars are printed and posted in a single batch once pre-orders close. The expected dispatch date is stated on the product page.

Goods are delivered by Packeta or Czech Post as chosen by the buyer, or collected in person in Prague by arrangement.

Where a delivery method is agreed at the buyer's special request, the buyer bears the risk and any additional cost of it.

Where, for reasons on the buyer's side, the goods must be delivered repeatedly or otherwise than stated in the order, the buyer bears the associated cost.

On taking delivery the buyer should check that the packaging is intact and report any defect to the carrier immediately. Where the packaging shows signs of unauthorised entry the buyer need not accept the parcel. This does not affect the buyer's rights in respect of defects.

Rights arising from defective performance are governed by generally binding legislation, in particular sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll. on consumer protection.

The seller warrants that on delivery the goods are free of defects, in particular that they match the agreed description, are fit for their usual purpose and are supplied in the usual quantity and quality.

The buyer may raise a defect appearing within two years of delivery.

Where a defect appears within one year of delivery, the goods are presumed to have been defective on delivery.

Claims are made to the seller at hello@janmiracky.com. A claim is treated as made at the moment the seller receives notice of the defect.

The seller will settle a claim, including remedying the defect, within thirty days of it being made, unless a longer period is agreed with the buyer.

Given the nature of the goods, a minor difference between the printed colour and its appearance on the buyer's screen is not a defect.

The buyer acquires ownership of the goods on payment of the full price.

The seller is not bound by any code of conduct in relation to the buyer.

The photographs in the calendar are the seller's copyright work. Buying a calendar grants no licence to use them further; the calendar is for personal use.

The Czech Trade Inspection Authority, registered office Gorazdova 1969/24, 120 00 Prague 2, adr.coi.cz, is competent for the out-of-court resolution of consumer disputes. The online dispute resolution platform is available at ec.europa.eu/consumers/odr.

The seller trades under a trade licence. Trade inspection is carried out by the competent trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection.

The buyer assumes the risk of a change of circumstances within the meaning of section 1765(2) of the Civil Code.

The seller meets its obligations regarding the processing of personal data through a separate privacy policy, available on the shop's website.

Notices may be served on the buyer at the email address given in the order. Notices may be served on the seller at hello@janmiracky.com or at its registered office.

Where the relationship established by the contract has an international element, the parties agree that it is governed by Czech law. This choice of law does not deprive a consumer of the protection afforded by the law of their country of habitual residence.

If any provision of these terms is or becomes invalid, it is replaced by a provision whose meaning comes as close to it as possible. The invalidity of one provision does not affect the others.

The purchase contract, including these terms, is archived by the seller in electronic form and is not accessible to third parties.