Terms & Conditions

General Provisions

  1. Scope of the Terms and Conditions. These terms and conditions govern the conclusion of contracts between us as the merchant and you as the customer through the online store and our and your rights and obligations arising from the contracts. The terms and conditions also include mandatory information. Information about the processing of personal data can be found in a separate document on our website. The terms and conditions become effective on June 26, 2024.

  2. Used Terms. In our terms and conditions, we use the following abbreviations:

    1. We, which means the merchant, namely a company Whodunnit s.r.o., based in Preslova 2213/5, Smíchov, 150 00 Praha 5, the Czech Republic, ID number  19767307, recorded in the Commercial Register at the Municipal Court in Prague, Section C, File No. 391286.

    2. You, which means the customer, i.e., the second contracting party different from us, which may be one of the following entities:

      1. consumer, which is a person not acting within the scope of their business or self-employment,

      2. entrepreneur, which is a natural person or legal entity acting within the scope of their business or self-employment.

    3. Online Store, which is our web interface located at the web address https://www.murderinprague.com, where you can see what we offer and you can order goods from what we offer. 

    4. Email, which is electronic mail that can be used to contact us at the email address available at the web address of our online store. 

    5. Phone, which can be used to contact us at the telephone number available at the web address of our online store. 

    6. Contracts, which means purchase contracts and contracts for the supply of digital content.

    7. Goods, which means items with digital features from our offer listed in the online store.

  3. The relationship of the Terms and Conditions and the contract. The Terms and Conditions are an integral part of contracts. Different agreements in the contract have priority over the Terms and Conditions.

  4. The contract and the Terms and Conditions and legislation. Rights and obligations not regulated by the Terms and Conditions or by the contract are governed by the laws of the Czech Republic, especially by Act No. 89/2012, The Civil Code, and Act No. 634/1992, on Consumer Protection, in accordance with the laws of the European Union, especially Directive 2011/83/EU on Consumer Rights and Directive 2000/31/EC on Electronic Commerce. In the case of a conflict between the Terms and Conditions, or the contract, and a law regulation, unless it is a matter which may be dealt with differently by the contract, the respective law regulation has priority.

  5. Severability of the Terms and Conditions and the contractual agreements. If any of the clauses of the Terms and Conditions or the contractual agreements becomes invalid, ineffective or not being taken into account, this shall not affect the validity and enforceability of the remaining clauses of the Terms and Conditions and the contractual agreements.

  6. Relations with an international element. The legal relations between you and us are governed in the presence of an international element by the Czech law and Czech courts are competent for dealing with any disputes. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply.

  7. Complaint resolution. Any complaints and disputes between you and us can be resolved

    1. extrajudicially through proceedings conducted by the Czech Trade Inspection Authority (adr.coi.cz) or via the online dispute resolution platform established by the European Commission (ec.europa.eu/consumers/odr),

    2. via email on our e-mail address,

    3. by phone at our phone number.

  8. Supervisory Authorities. Our activities are monitored and supervised by state authorities of the Czech Republic, to which you can address your complaints in accordance with the laws governing their scope and powers. The state supervisory authorities include in particular:

    1. The Czech Trade Inspection Authority,

    2. trade offices,

    3. The Office for Personal Data Protection.

  1. Ordering goods and contract conclusion

    1. Ordering goods. You can order goods from our online store by accepting the offer to conclude a contract, which is made by displaying the goods in the online store, through the online store. Acceptance of our offer with amendments or deviations is not possible and is considered a counter-offer on your part.

    2. Ordering goods via the internet. You can place an order for goods through the online store by selecting the offered goods in the desired quantity, quality, and version, adding the goods to the virtual shopping cart, filling in the required information, selecting the method of delivery and payment, and sending your order using the "PURCHASE" button, which constitutes the conclusion of the contract. Before submitting the order, you will be able to review and, if necessary, modify the provided information.

    3. Confirmation of order acceptance. We will confirm the successful acceptance of your order and the conclusion of the contract by sending an email to your email address. This email will include:

      1. Confirmation of the contract's conclusion and its content,

      2. Our terms and conditions, which also include mandatory information.

In case of incompleteness or incorrectness of the order, we will ask you to complete it or inform you of the impossibility of concluding the contract.

  1. Language and contract storage. Contracts are concluded in the English language. We save the concluded contracts and upon request you will be granted access to your contract.

  1. Concluded contracts and their content

    1. Change and termination of the contract. Concluded contracts cannot be unilaterally changed or terminated; such actions can only be taken based on mutual agreement, legal regulations, or terms and conditions.

    2. Content of contract. Based on the concluded contract, we are obligated to deliver the ordered goods as agreed and make available to you for your own use in the agreed manner and for the agreed period of time (unless otherwise agreed, for at least two years) the agreed digital content on an intangible medium and provide any agreed services, and you are obligated to accept the goods and pay the total price, which includes the price of the ordered goods, payment fees, delivery fees, and other ordered services.

    3. If you are a consumer, you agree that if you choose to use the digital content prior to the expiry of the withdrawal period, the commencement of the supply of the digital content will result in the termination of your right to withdraw from the contract for the supply of the digital content.

    4. Protection of intellectual property. If we deliver goods protected by intellectual property rights (especially copyrights, trademarks, industrial designs, patents, and utility models), the contract does not grant you a license to exercise intellectual property rights. Goods protected by copyright can only be used for personal use by individuals and for the internal needs of legal entities. Especially, you are not allowed to reproduce, further sell, rent, or otherwise provide access to third parties.

    5. Discounts and promotions. For discount or other marketing events, individual discounts and benefits cannot be combined unless stated otherwise.

    6. Gifts and bonuses. If gifts or other bonuses are provided under the contract, it is done based on a gift contract, and we are not responsible for defects in these gifts or bonuses. The existence of a gift contract depends on the existence of the main contract, and the gift contract is concluded with the condition of its termination in case of the termination of the main contract.

    7. Discount coupons and gift vouchers. Discount coupons and gift vouchers can be used under agreed conditions or the conditions stated on the coupon or voucher. Unless specified otherwise, they can only be used with us, and their validity period is limited to one year from the date of issuance.

  2. Payment conditions

    1. Methods of payment. The total price may be paid in ways that can be found on the corresponding page in our online store.

    2. Payment deadline. The total price must be paid either before the delivery of the goods, upon the receipt of the goods, or later, depending on the agreed payment method. If the total price is to be paid before the delivery of the goods, it must be paid within 14 days from the contract's conclusion. If the total price is paid through a payment service provider, it will be paid by transferring the monetary amount to our account with the payment service provider.

    3. Electronic delivery of tax documents. You agree that we will issue and send invoices (tax documents) to you in electronic form to the email address provided during the order.

  3. Delivery terms

    1. Methods of delivery. To learn about the methods of delivery that you can use, refer to the corresponding page in our online store.

    2. Limitations on goods delivery. Delivery of goods in our country may be subject to geographic restrictions. The countries to which we deliver goods are listed in the checkout flow of our online store.

    3. Acquisition of ownership. You will become the owner of the goods we deliver to you by taking possession of the goods, but not before you have paid the full price.

    4. Delivery time. The agreed time for delivery of goods runs from the conclusion of the contract. If you are a consumer and the delivery time is not agreed upon, we will deliver the goods to you without unnecessary delay, but no later than 30 days from the date of the contract. If the total price is to be paid before the delivery of the goods, the delivery time starts from the payment of the total price. The goods will be delivered to the designated location within this period. If you are not the  end-consumer and the goods are to be delivered to the destination by a carrier, the goods will be handed over to the carrier within this period. 

    5. Acceptance of goods. You are obligated to accept the goods at the agreed time and place depending on the delivery method. If the goods are to be delivered by a carrier, you are obligated to accept them upon delivery to the designated location. If you do not take possession of the goods we are entitled to withdraw from the contract, to have the costs associated with the delivery of the goods paid by you, unless they were paid before delivery of the goods, and to have the storage of the goods paid for by you - the period of storage ending at the moment when you take possession of the goods, withdraw from the contract, or the contract is cancelled by us. The price of storage is 0.5 EUR per day but the total amount shall not exceed the cost of the stored goods. If we are to deliver the goods to you again after you fail to accept them, we have the right to charge you for the costs associated with repeated delivery. 

    6. Identity verification upon receipt of goods. If the goods have been paid for before their delivery, we are entitled to condition the handover of goods on identity verification of the receiving person based on an identity document.

    7. Damage to goods during transport to consumers. If you are a consumer, the risk of damage to the goods passes to you when you take possession of them. If you receive damaged goods, you are obligated to inform us immediately, preferably: 

      1. by email to our e-mail address,

      2. by phone to our telephone number.

If you notice damage to the shipment upon receipt, you are obligated to inform not only us but also the carrier upon receipt. You can ask the carrier to unwrap the damaged shipment before accepting it, and if you find the goods to be damaged, you are not obligated to accept them from the carrier.

  1. Damage to goods during transport to businesses. If you are not the end-consumer and the goods are to be delivered by a carrier, the risk of damage transfers to you upon handover to the carrier. If there is damage to the goods after the risk has transferred, we are not responsible for it and the damage to the goods does not affect your obligation to pay the total price and your obligation to accept the goods. If you receive damaged goods, you are obligated to immediately file a complaint about the damage with the carrier.

  2. Packaging of goods. Unless otherwise agreed, the goods will be packaged in a manner suitable for their preservation and protection.

  1. Right to withdraw from the contract

    1. General conditions about withdrawal from the contract. By withdrawing from the concluded contract, the contract is nullified from the beginning, and the parties are obliged to return everything they provided based on the canceled contract. Withdrawal from the contract also nullifies any dependent gift contract. The right to withdraw from the contract can be used under the conditions specified in the terms and conditions, or if so specified by legal regulations.

    2. Our right to withdraw from the contract. We have the right to withdraw from the concluded contract at any time from the day the contract is concluded until the moment you take over the goods, for reasons:

      1. exhaustion of the ordered goods stock,

      2. non-acceptance of goods upon delivery,

      3. abuse of the ordering system of our online store,

      4. providing incorrect information when ordering goods,

      5. ordering goods at a significantly lower price than the usual price, if the goods were offered at this price as a result of an error or mistake in our online store,

      6. other reasons worthy of special consideration.

    3. Consumer's statutory right to withdraw from the contract. If you are a consumer, you have the right to withdraw from the concluded contract within the period of 14 days from the day of receipt of goods.

    4. Non-ability to withdraw from the contract. You do not have a right of withdrawal in contracts for the supply of digital content that is not delivered on a tangible medium after performance has begun. 

    5. Method of withdrawal from the contract. If you have the right to withdraw from the contract and you wish to do so, you can do it in the form of a unilateral legal act, which you will deliver to us, preferably by filling out the template form for withdrawal from the contract, which is an annex of the Terms and Conditions and sending it by mail to the address of our company headquarters, or by email to our e-mail address.

    6. Compliance with the deadline. If you are a consumer, to comply with the deadline for withdrawal from the contract, it is sufficient if you send us the withdrawal on the last day of the period specified for withdrawal from the contract.

    7. Returning goods after withdrawal from the contract. If you withdraw from the contract, you are required to return the goods to us at your expenses preferably simultaneously with the withdrawal from the contract, no later than 14 days after the delivery of the withdrawal and preferably by shipping the goods to the address our seat, You must return the goods undamaged, uncontaminated, unused, and not showing signs of wear, including all accessories and documentation, if possible in the original packaging. You are also required to return to us all gifts and bonuses that you have received on the basis of the canceled contract.

    8. Refund after withdrawal from the contract. If you as a consumer withdraw from the contract, we will refund you within 14 days after the delivery of the withdrawal from the contract, but not before you return the goods to us. We will refund the paid shipping costs to you only in the amount corresponding to the cheapest comparable method of delivery that we offer. If there is a reduction in the value of the returned goods as a result of handling them differently than necessary to become acquainted with their nature, characteristics, and functionality, the refunded amount will be reduced by the amount by which the value of the goods has decreased. We will refund the money to you in the same manner in which we received it from you, or another method that we agree upon, as long as it does not incur additional costs for you.

    9. Obligations upon withdrawal from a contract for the supply of digital content. If you withdraw from the contract for the supply of digital content, you have an obligation to refrain from using the digital content, including providing it to a third party, and we may prevent you from further use of the digital content, including by making the digital content or user account unavailable to you. If a tangible medium has been handed over to you in connection with the supply of the digital content, you will hand it over to us without undue delay at our request.

  2. Complaints of defects of goods 

    1. Claim period. You can claim a defect that manifests within 2 years from the date of receipt of the goods. You can claim a defect of digital content intended for continuous provision for a certain period, if it manifests or occurs within 2 years from the receipt of the goods. Our responsibility for product defects. We are responsible for ensuring that the goods are free from defects upon receipt. Especially, we are responsible for ensuring that the product

      1. matches the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability and other agreed-upon properties,

      2. is suitable for the purpose you require, if we have agreed to it,

      3. is delivered with agreed-upon accessories and usage instructions, including assembly or installation guide.

    2. Additionally, we are responsible for ensuring that, in addition to the agreed-upon properties, the product meets the following requirements; this does not apply if we warned you before the contract was made that certain properties of the product differ, and you agreed to it:

      1. suitable for the purpose that goods of this type are usually used for, even considering third-party rights, legal regulations, technical standards, or industry codes of conduct, if there are no technical standards,

      2. in quantity, quality, and other properties, including lifespan, functionality, compatibility, and safety, meets the usual properties of goods of the same type that you can reasonably expect, even considering any public statements made by us or another person in the same contractual chain, especially in advertising or labeling; we are not bound by public statements if we were not aware of them or if they were modified in a comparable manner to how they were made at the time the contract was made, or could not have influenced the purchase decision,

      3. is delivered with accessories, including packaging, assembly instructions, and other usage instructions that you can reasonably expect, and

      4. matches in quality or execution the sample or model that we provided you with before the contract was made.

    3. Our liability for defects in digital content. We are responsible for ensuring that the digital content is free from defects for the duration of the commitment to supply it. In particular, we are responsible for the fact that the digital content

      1. corresponds to the agreed description and scope as well as to the quality, functionality, compatibility, interoperability and other agreed characteristics, 

      2. it is fit for the purpose for which you require it and to which we have agreed, and that 

      3. it is provided with the agreed accessories and instructions for use, including installation instructions, and user support.

We are further responsible to you for ensuring that the digital content complies with the following requirements in addition to the agreed features; this does not apply if we have advised you before entering into the contract that certain features of the digital content differ and you have agreed to this:

  1. it is provided with the agreed accessories and instructions for use, including installation instructions, and user support. 

  2. it is fit for the purpose for which digital content of this kind is normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice where there are no technical standards,

  3. it is consistent in scope, quality and other characteristics, including functionality, compatibility, accessibility, continuity and security, with the usual characteristics of digital content of the same kind that you can reasonably expect, including in light of public statements made by us or by another person in the same contractual chain, in particular advertising or labelling; we are not bound by a public statement if we were not aware of it or it was modified at the time of the conclusion of the contract in a manner at least comparable to the way in which it was made or it could not have influenced the decision to conclude the contract,

  4. is supplied with the accessories and instructions for use that you can reasonably expect and corresponds to the trial version or preview that we made available to you before entering into the contract.

  1. Limitation of liability for defects in digital content. We are not liable to you for defects that

    1. arise as a result of a failure to make necessary updates,

    2. caused by your inadequate technical or software equipment or network connection to access or use the digital content necessary for the proper functioning of the digital content.

  2. Responsibility for updates. We are responsible for ensuring the provision of agreed digital content updates. In addition to agreed updates, we will also provide updates incl. notification of their availability, which are necessary for the goods to maintain the agreed properties and requirements for this goods, and that for a period of two years if, according to the contract, digital content is to be provided continuously for a certain period, and if it is agreed to provide it for a period longer than two years, for the entire period,

  3. Limitation of liability. We are not responsible to you 

    1. for wear and tear of the goods corresponding to the extent of their previous use,

    2. if you caused the defect yourself,

    3. for goods with digital features for not providing necessary updates, if you were warned before the conclusion of the contract that updates will not be provided and you agreed with it,

    4. for goods with digital features for defects that occur as a result of not carrying out the necessary update.

  4. Time for exercising rights. You are obligated to inspect the goods as soon as possible and make sure of their properties and quantity. Your right of liability for defects must be claimed with us without unnecessary delay, as soon as you can detect defects, and that within the complaint period. You are obliged to exercise your right of liability for defects in the digital content with us without undue delay, as soon as possible after you can discover the defects, during the term of our obligation to provide the digital content.

  5. Right to rectify defects. If the goods have a defect, you have the right to free rectification of the defect, either by delivering new goods without defects or by repairing the goods. You do not have the right to choose the method of rectifying the defect if the method you choose is impossible or disproportionately expensive compared to the other method. If the digital content is defective, you have the right to have the defect corrected free of charge, unless it is impossible or unreasonably expensive to correct the defect.     

  6. Right to a reasonable discount and withdrawal from the contract. If we refuse to rectify the defect or do not rectify it, or if the defect reoccurs, or is a significant breach of the contract, or if it is apparent from our statement or circumstances that the defect will not be rectified in a reasonable time or without significant inconvenience for you, you may request a reasonable discount or withdraw from the contract. You do not have the right to withdraw from the contract if the defect is insignificant.

  7. Method of complaint. If you want to exercise your right of liability for defects, you can do so best: 

    1. by mailing the goods to the address of our company headquarters,

    2. by email to our e-mail address.

  8. Requirements for making a claim. The goods must be returned to us in a condition that allows the assessment of the legitimacy of the claim; specifically, it is not possible to return the goods excessively dirty. When making a claim, it is necessary:

    1. to prove that the goods were purchased from us,

    2. to state what defect you are claiming and how you wish the claim to be handled. The desired method of claim handling cannot be changed subsequently without our consent.

  9. Handling of the claim. Your claim will be handled within a reasonable time, no later than 30 days from the date the claim was made. You will be notified within this period about the handling of your claim, and the goods will be returned to you in the same manner as they were submitted during the claim process. If the claim is not handled on time, you have the right to withdraw from the contract or request a reasonable discount on the price. If your claim is recognized, the time for reporting defects is extended by the time it took us to handle your claim.

  10. Reimbursement of the claim expenses related to digital content. In case of a claim, you are entitled to reimbursement of necessary expenses that were reasonably incurred when exercising the right to claim  defects of digital content. If the claim is rejected, we are entitled to reimbursement of the necessary costs incurred in returning your goods. 

  11. Refunds. We will refund to you, at our own expense, any sums of money which we are required to release to you by reason of defective performance without undue delay, but not later than fourteen days after the date on which you exercise the relevant defective performance right. In doing so, we shall use the same method as you used to pay us the total price, unless you expressly agree to a different method and incur no costs.

  12. Claim confirmation. When exercising the right to claim product defects, we will issue you written confirmation of when you exercised this right, what the claim involves, and what type of handling you request, as well as confirmation of the date and method of handling the claim, including confirmation of any repairs and their duration, or written justification for rejecting the claim.

Attachments

Withdrawal from the agreement

Addressee:

MAKUPAC FULFILLMENT, c/o: Whodunnit Returns
Citonice 231
67101, Citonice, Czech Republic
+420 601 343 427

I hereby withdraw from the agreement on purchase of Murder in Prague:

Order ID :
Date of order / Date of receipt:
Name and surname of the consumer/consumers:
Address of the consumer/consumers:
Date:
Consumer signature (only if this form is sent on paper):