I. Fundamental provisions
- These general terms and conditions (hereafter referred to as the Terms and Conditions) are issued under Paragraph 1751 et seq. of the Act No. 89/2012 Coll., of the Civil Code, as amended (hereafter referred to as the Civil Code). These terms and conditions are valid for any order placed on the online shop www.trxcymbals.cz (hereafter referred to as the Online Shop) operated by: Jaroslav Sivák, IČ (Trader Identification Number) 88808301, residing at 987/38 Mánesova, 736 01 Havířov – Město, telephone number: +420 737 608 108, email address: email@example.com (hereafter referred to as the Seller).
- These Terms and Conditions regulate the mutual rights and obligations between the Seller and the natural person who concludes a purchase contract outside of their business activities as a consumer, or in the course of their business activities (hereafter referred to as the Buyer).
- A consumer is every person who outside of their business activities or outside of the scope of the independent exercise of their profession concludes a purchase contract with the Seller. An entrepreneur person is a natural or legal person who independently carries out a gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so consistently for profit. For the purposes of consumer protection, any person who concludes contracts related to their own business, production or similar activity or in the independent exercise of their profession, or a person acting in the name of an entrepreneur or on behalf of an entrepreneur, is considered to be an entrepreneur. For the purposes of these Terms and Conditions, an entrepreneur is anybody acting in accordance with the previous sentence in the scope of their business activities. By stating their Trader Identification Number in the order, the Buyer acknowledges that the consumer protection rules do not apply to them.
- The provisions of these Terms and Conditions are an integral part of the purchase contract and they are concluded in Czech language. Divergent provisions stated in the purchase contract shall take precedence over the provisions stated in these Terms and Conditions. Relationships that arise on the basis of the contract will be settled exclusively under the law of the Czech Republic.
II. Information on the Goods and Prices
- Information on the goods, including price and detailed specifications of each product, are listed in the catalogue of the Online Shop.
- Prices of the goods are listed including value added tax, all related costs and also return costs, if the goods cannot be returned by post. Product prices remain valid as long as they are displayed in the Online Shop. This provision shall not preclude conclusion of the purchase contract under individually negotiated conditions.
- All promotional materials found in the catalogue in the Online Shop is of a purely informative nature and the Seller is in no way obliged to conclude a purchase contract regarding these goods.
- Information on packaging and delivery costs are publicly accessible on the Online shop webpages. The information on packaging and delivery costs is only valid in cases where the goods is to be delivered within the territory of the Czech Republic.
- Discounts cannot be combined, unless agreed between the Seller and the Buyer.
III. The Order and Conclusion of a Purchase Contract
- The Buyer shall be responsible for any costs arising from the use of remote communication means in connection with conclusion of the purchase contract (internet connection fees, telephone calls, etc.). These costs do not differ from the standard rate.
- The Buyer creates an order by filling in the order form.
- When placing the order, the Buyer selects the goods, specifies the amount and the payment and shipping methods.
- Before the order is finalized, the Buyer can view and edit the data entered on the order form. The Buyer shall then submit the order to the Seller by clicking the “Send” button. The data entered on the order form shall be deemed to be correct by the Seller. For the order to be valid, it is required that the Buyer fills in all the required fields on the order form and confirms that they have read and accepted these Terms and Conditions.
- Immediately after receiving the order, the Seller shall send a confirmation of receiving the order to the email address the Buyer entered on the order form. This confirmation is automatic and is not considered a contract. Purchase contract is not concluded before the Seller accepts the order. The Seller will first contact the Buyer on telephone in order to confirm their interest, then the Buyer will be notified of the acceptance of the order by the Seller via email.
- If the Seller cannot meet one or more requirements specified in the order, he will send a modified offer to the Buyer’s email address. The modified offer is considered a new draft purchase contract and shall be concluded only if the Buyer confirms that they accept the offer by sending an email to the Seller’s email address specified in these Terms and Conditions.
- An order becomes binding once it is accepted by the Seller. The Buyer can cancel their order before they receive a notification that their order has been accepted. The Buyer can cancel their order by telephone or email, using the contact information provided in these Terms and Conditions.
- In the event of an apparent error on the side of the Seller, where a product is listed on the Online Shop for incorrect price, the Seller is not bound to provide the Buyer with the product for the incorrect price as listed; not even in cases where the Buyer receives a notification that the order has been accepted, as described in these Terms and Conditions. The Seller shall inform the Buyer of the error immediately and will send the Buyer a new modified offer. The modified offer is considered a new draft purchase contract which is not concluded until accepted by the Buyer by sending an email of confirmation to the Seller.
IV. Payment Methods and Delivery Options
- The Buyer is obliged to pay the price for the ordered goods along with any delivery costs in accordance with the purchase contract by making a payment to the Seller’s bank account, number 7376081082/5500 with the Raiffeisenbank.
- Besides the purchase price, the Buyer is obliged to cover the packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the purchase price hereafter includes any charges associated with the delivery of the goods.
- The purchase price shall be due within 5 days after the conclusion of the purchase contract.
- The Buyer’s obligation to pay the purchase price shall be deemed to be fulfilled once the relevant amount is credited to the Seller’s bank account.
- The goods shall be delivered to the address specified by the Buyer in the purchase order.
- Delivery method is selected during the process of placing the order.
- Delivery costs depend on the selected delivery and collection method and are specified in the Buyer’s order and in the notice of acceptance of the order issued by the Seller. Should the delivery method be agreed based on a special request of the Buyer, the risk and any additional costs in connection with the selected delivery method will be borne by the Buyer.
- If the Seller is obliged by the contract to deliver the goods to a place specified in the order, the Buyer shall be obliged to collect the goods upon delivery. In the event of a repeated delivery or a change of the delivery method specified in the order due to reasons on the part of the Buyer, the Buyer shall be liable to pay for any costs associated with the repeated delivery of the goods, or charges associated with the change of delivery method.
- The Buyer is obliged to check the packaging for damage upon receipt and in the event of any defects report it immediately to the courier. In the event of damage to the packaging which would indicate unauthorized entry to the shipment, the Buyer is not obliged to accept the shipment form the courier.
- The Seller shall send a document with payment information – pro-forma invoice – to the email address specified in the order. A receipt of payment – invoice – shall be enclosed to the delivery.
- The Buyer acquires title to the goods by paying the full purchase price, including delivery costs, but not before accepting the shipment from the courier. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to accept the goods but did not do so in contradiction to the purchase contract.
V. Withdrawal from the Contract
- The Buyer, who concluded the contract as a consumer acting outside of their business activities, shall have the right to withdraw from the purchase contract.
- The withdrawal period shall be within 14 days of
– the date of receipt of the goods,
– the date of receipt of the last partial shipment or the last piece, provided that the Buyer has ordered several different types of products or a product delivered in several partial consignments or pieces,
– the date of receipt of the first shipment, provided that the subject of the contract is regularly repeated delivery of goods.
- Among other things, the Buyer cannot withdraw from the purchase contract:
– of supply of services, if they were provided with the Buyer’s previous explicit consent before the expiration of the withdrawal period and the seller had informed the Buyer before conclusion of the purchase contract, that in such a particular case they shall not have the right to withdraw from the contract,
– of supply of goods or service, whose price depends on fluctuations in the financial market, outside the Seller’s will or control, which may occur during the withdrawal period,
– of supply of custom-made goods tailored to the specific wish of the Buyer,
– and in other cases, as specified under Paragraph 1837 of the Civil Code.
- In order to comply with the withdrawal period, the Buyer must send a notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- The Buyer who has withdrawn from the contract is obliged to return the goods back to the Seller within 14 days of the withdrawal. The Buyer shall be responsible for any costs associated with returning the goods to the Seller, the same policy shall be applied in cases where the goods by its nature cannot be returned by post.
- If the Buyer withdraws from the contract, the Seller shall refund the money paid in full, including delivery costs, using the same payment method the Buyer used. The Seller shall use a different payment method only with the Buyer’s consent and on condition that no further charges will be incurred to the Buyer.
- If the Buyer selects other delivery method than the cheapest one offered by the Seller, the Seller shall refund the delivery cost only in the amount corresponding to the cheapest delivery method offered.
- If the Buyer withdraws from the purchase contract, the Seller shall not be obliged to refund the purchase price before the Buyer returns the goods or proves that the goods has been sent back to the Seller.
- The Buyer must return the goods undamaged, unused, unpolluted and if possible, in the original packaging. The Seller shall be entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Buyer’s claim for refund of the purchase price.
- The Seller is entitled to withdraw from the purchase contract if the goods is out of stock, currently unavailable or if the manufacturer, importer or supplier of the goods has stopped the production or import of the goods. The Seller shall immediate inform the Buyer to the email address specified in the order and within 14 days of the notification of the exercise of the right of withdrawal shall refund the purchase price, including all delivery costs, received from the Buyer using the same payment method the Buyer used, or other method of payment specified by the Buyer.
VI. Liability for Defective Products
- The Seller warrants that the products will be free of defects upon the date of delivery. Namely the Seller warrants that upon the date of delivery:
– the goods shall conform with the specifications as agreed by both parties; in the absence of such an agreement, the goods shall conform with specifications the Buyer expects based on the nature of the goods and based on any promotional materials provided by the Seller,
– the goods shall be suitable, in every aspect, for the purposes specified by the Seller or the purposes that type of goods is commonly used for,
– the goods shall correspond to the quality or design of the sample or model, in case the quality or design was specified based on a sample or model,
– the goods shall be delivered in the appropriate quantity, measure or weight and
– the goods complies with legal requirements.
- Should the defect manifest in the course of six months from the date of delivery to the Buyer, the product is considered to have been defective on the date of delivery. The Buyer is entitled to exercise the right of defect which manifests in consumer goods within 24 months of the date of receipt. This provision shall not apply to goods sold at a reduced price because of the defect, for any defect arising from fair wear and tear, for any defect corresponding with appropriate measure of wear and tear with all second-hand goods which was present upon receipt, or if the defect results from the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and request:
– product replacement,
– product repair,
– adequate discount off the original purchase price,
– cancellation of the purchase contract.
- The Buyer has the right of withdrawal
– if a substantial product defect occurs,
– if the item cannot be used appropriately due to recurrent defect or defects after the repair,
– if multiple defects occur.
- The Seller is obliged to accept the claim at the place of residence or place of business. The Seller is obliged to provide the Buyer with a written confirmation containing the date on which the Buyer exercised the right, the content of the claim, preferred method of claim settlement requested by the Buyer and the date and method of the claim settlement, including a confirmation of repair and its duration, or a written justification for rejection of the claim.
- The Seller, or another worker appointed by the Seller, will decide about the claim immediately, or in complicated cases within three workdays. This period does not include the time required for professional assessment of the defect. Claims, including the defect removal, must be handled promptly, within 30 days from the date the claim was submitted at the latest, unless the Seller agrees with the Buyer on a longer period. Should the Seller fail to process the claim within the agreed time period, it shall be considered a substantial breach of the contract and the Buyer shall be entitled to withdraw from the purchase contract. The moment of submitting the complaint is considered to be the moment when the Seller receives the Buyer’s notification on exercising the right of defect.
- The Seller shall inform the Buyer on the claim results in writing.
- The Buyer shall not be entitled to the right of defect if the Buyer had been aware of the defect before the receipt, or if the defect was caused by the Buyer themselves.
- In the event of a justified claim, the Buyer is entitled to reimbursement of costs incurred in connection with submitting the claim. The Buyer may exercise this right with the Seller within one month after the warranty period expires.
- The Buyer shall choose the method of claim settlement.
- Rights and obligations of the contracting parties regarding the right of defect are governed by Paragraphs 1914 to 1925, Paragraphs 2099 to 2117 and Paragraphs 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on consumer protection.
- The contracting parties may use email for correspondence.
- The Buyer shall send all correspondence to the Seller’s email address specified in these Terms and Conditions. The Seller shall send all correspondence to the Buyer’s email address as specified in the purchase order.
VIII. Out-of-Court Resolution of Disputes
- The out-of-court resolution of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, residing at 567/15 Štěpánská, 120 00 Praha 2, IČ (Trader Identification Number): 000 20 869, website: https://adr.coi.cz/cs. The online dispute platform at http://ec.europa.eu/consumers/odr may be used in the event of a dispute between the Seller and the Buyer arising from the purchase contract.
- European Consumer Centre in the Czech Republic, residing at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz shall be the the contact point in accordance with Regulation (EC) of the European Parliament and Council No. 524/2013 from 21st May 2013 on online dispute resolution of consumer disputes and on amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online dispute resolution of consumer disputes).
- The Seller is entitled to sell goods on the basis of trade license. Trade control is carried out by the appropriate trade licensing office within the scope of its competence. The Czech Trade Inspection carries out, among other things, to a limited extent surveillance over compliance with the Act No. 634/1992 Coll., on consumer protection.
IX. Final Provisions
- All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. Should the relationship established by the purchase contract contain an international element, both parties agree that it shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights under generally binding legal regulations.
- In relation to the Buyer, the Seller does not have to abide by any code of conduct in the sense of Paragraph 1826 (1) (e) of the Civil Code.
- All rights to the Seller’s website, especially copyrights to the content, including the website’s layout, photographs, videos, graphics, trademarks, logos and other content and elements, are reserved to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.
- The Seller shall not be liable for errors resulting from interference of third parties in the online shop or as a result of its use contrary to its purpose. While using the online shop the Buyer must not use any procedures which could have negative effects on its operation, they must not perform any activities which could enable them or any third parties unauthorized interference or use of the website’s software or other components constituting the online shop or use of the online shop or parts thereof or the website’s software in such a way as to contradict its purpose.
- The Buyer hereby accepts the risk of change in circumstances in the sense of Paragraph 1765 (2) of the Civil Code.
- The purchase contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be freely accessible.
- The Seller may change or supplement the wording of the Terms and Conditions. This arrangement does not affect the rights and obligations arising from contracts concluded during the period of effect of a previous version of the Terms and Conditions.
These Terms and Conditions shall come into force on 1st November 2019.