I. General Provisions
- These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code”)
DYMYTRY Music s.r.o.
106 00 Prague 10 - Záběhlice
Company Registration No.: 03229351
Registered in the commercial register kept by the municipal court in Prague, section C, file 228562
Dymytry Music s.r.o.
100 03 Prague 10
(hereinafter referred to as the “Seller”)
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase agreement outside their business activity as a consumer or within their business activity (hereinafter: “Buyer”) through the web interface at the website www.dymytry.cz/eshop (hereinafter: “Online Store”).
- The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Agreement are concluded in Czech.
II. Information on Goods and Prices
- Information on goods, including the prices of individual goods and their main properties are listed in the catalogue of the Online Store. Prices of goods include value added tax, any associated charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. Prices of goods remain valid as long as they are displayed in the Online Store. This provision does not preclude the negotiation of a purchase agreement on individually agreed terms.
- All presentation of goods placed in the catalogue of the Online Store is of an informative nature and the Seller is not obliged to conclude a purchase agreement regarding these goods.
- The Online Shop provides information on the costs associated with the packaging and delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the Online Store is valid only in cases where the goods are delivered within the Czech Republic.
- Any discounts on the purchase price of goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.
III. Placing an Order and Concluding a Purchase Agreement
- Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of a purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
- The Buyer may place an order for goods in the following ways:
• via their Customer Account, if registered in the Online Store,
• by filling out the order form without registration.
- When placing an order, the Buyer specifies the goods, number of units and payment and delivery method.
- Before sending the order, the Buyer is given the opportunity to check and/or change the data entered in the order. The Buyer sends the order to the Seller by clicking on the ORDER button. The data indicated in the order are deemed correct by the Seller. In order for the order to be valid, all required data must be filled in the order form, and the Buyer needs to confirm that they have read these Terms and Conditions.
- Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is deemed to be the conclusion of the Purchase Agreement. Attached to this confirmation are the valid Terms and Conditions of the Seller. The Purchase Agreement is concluded once the Seller confirms the order via an email to the Buyer’s email address.
- In the event that any of the requirements indicated in the order cannot be met by the Seller, the Seller shall send to the Buyer an email with an amended offer. The amended offer is deemed a new draft of the Purchase Agreement, and the Purchase Agreement is in this case concluded with the Buyer’s confirmation of the acceptance of this offer to the Seller via the email address indicated in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notification of receipt of the order by the Seller. They Buyer may cancel the order via the phone or email indicated in these Terms and Conditions.
- In the event that there has been an obvious technical error on the part of the Seller in the indication of the price of the goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer was sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send an amended offer to the Buyer’s email address. The amended offer is deemed a new draft of the Purchase Agreement, and the Purchase Agreement is in this case concluded with the Buyer’s confirmation of acceptance to the Seller’s email address.
IV. Customer Account
- Based on the Buyer’s registration made in the Online Store, the Buyer may access their Customer Account. Via this Customer Account, the Buyer may place orders for goods. The Buyer may also order goods without registering.
- When registering a Customer Account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. They Buyer is obliged to update the data specified in the user account upon any change. The data provided by the Buyer in the Customer Account and when ordering goods are deemed correct by the Seller.
- Access to the Customer Account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the Customer Account. The Seller is not responsible for any misuse of the Customer Account by third parties.
- The Buyer is not entitled to allow the use of the Customer Account by third parties.
- The Seller may cancel the Buyer’s Customer Account, especially when the Buyer has not used the Account for a long time, or when the Buyer violates their obligations under the Purchase Agreement and these Terms and Conditions.
- The Buyer acknowledges that the Customer Account may not be available at all times, especially with regard to the necessary maintenance of hardware and software equipment of the Buyer, or the necessary maintenance of hardware and software equipment of third parties.
V. Payment Terms and Delivery of Goods
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways:
• cashless transfer to the Seller’s bank account No. 20001-3566029359/0800, kept with Česká spořitelna. (The delivery date may be affected by the date of payment. We will ship the goods after the payment has been credited to our account, which may take 2-3 days.)
• cashless payment by card
• cash on delivery when receiving the goods
- Together with the purchase price, the Buyer is obliged to reimburse the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
- In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the Purchase Agreement.
- In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not an advance payment.
- As per to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online, no later than within 48 in case of a technical failure.
- The goods are delivered to the address specified by the Buyer in the order, within 10 working days of ordering.
- The choice of delivery method is made during the ordering process.
- The cost of delivery of the goods, depending on the method of transport and receipt of the goods, is specified in the Buyer’s order and in the Seller’s order confirmation. In the event that 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 this method of transport.
- If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
- Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and immediately notify the carrier in case of any defects. In the event of a breach of the packaging indicating that the package has been tampered with, the Buyer may not accept the shipment from the carrier.
- The Seller will issue a tax document – invoice to the Buyer. The tax document is sent to the Buyer’s email address. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. Liability for accidental destruction, damage or loss of the goods passes 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 failed to do so in violation of the Purchase Agreement.
VI. Withdrawal from the Agreement
- A Buyer who has concluded the Purchase Agreement as a consumer (outside their business) has the right to withdraw from the Purchase Agreement.
- The withdrawal period is 14 days
• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the subject of the agreement is several types of goods or delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the agreement is a regular repeated delivery of goods.
- The Buyer cannot, among other things, withdraw from a purchase agreement on:
• the provision of services, if they have been performed with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the agreement that the Buyer does not have the right to withdraw from the agreement in such a case,
• the delivery of goods or services, the price of which depends on financial market fluctuations independent of the Seller’s will and which may occur during the withdrawal period,
• the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the will of the Seller,
• the delivery of goods that have been modified according to the wishes of the Buyer or for their person,
• the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
• the delivery of goods in closed packaging, which the Buyer has removed from the packaging and cannot be returned for hygienic reasons,
• the delivery of an audio or video recording or computer program if the Buyer has broken the original packaging,
• the delivery of newspapers, periodicals or magazines,
• the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the agreement that the Buyer has no right to withdraw from the agreement in this case,
• in other cases specified in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the Buyer shall send a withdrawal statement within the withdrawal period.
- To withdraw from the Purchase Agreement, the buyer can use the standard withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall acknowledge receipt of the form to the Buyer without delay.
- The Buyer who withdraws from the Agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the Agreement. The Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.
- If the Buyer withdraws from the Agreement, the Seller shall return to him without undue delay, but no later than within 14 days of withdrawal from the Agreement, all funds received from the Buyer, including delivery costs, in the same manner. The Seller will only return to the Buyer funds received in another way if the Buyer agrees and if no additional costs are incurred.
- If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
- If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.
- The Buyer shall return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
- The Seller is entitled to withdraw from the Purchase Agreement due to goods being out of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer by means of the email address specified in the order and return all funds, including delivery costs, received from the Buyer on the basis of the Agreement within 14 days of notification of withdrawal from the Purchase Agreement, in the same manner or in the manner specified by the Buyer.
VII. Rights from Inadequate Performance
- The Seller warrants to the Buyer that the goods are free from defects upon receipt. In particular, the Seller warrants to the buyer that at the time the Buyer took over the goods:
• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out,
• the goods are fit for the purpose stated by the Seller or for the purpose for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight, and
• the goods comply with the requirements of legal regulations.
- If a defect manifests itself within six months of receipt of the goods by the Buyer, it shall be deemed that the goods were already defective upon receipt. The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to the defect for which the lower price was agreed, due to wear and tear of the goods caused by their normal use, due to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer in the case of second-hand goods, or if this results from the nature of the goods.
- In the event of a defect, the Buyer may submit a complaint to the Seller and request:
• replacement for new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdraw from the Agreement.
- The Buyer has the right to withdraw from the Agreement:
• if the goods have a significant defect,
• if the item cannot be used properly due to recurrence of the defect or defects after repair,
• due to a larger number of defects in the goods.
- The Seller is obliged to accept the claim at any establishment where the claim can be accepted, possibly also at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the right to warranty claim has been exercised, about the content of the claim, the method of handling the claim requested by the Byer and the date and method of handling the claim, including confirmation of repair and its duration or written justification for complaint rejection.
- The Seller or an employee authorised by the Seller shall decide on the warranty claim immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. Complaints, including the removal of defects, shall be settled without delay, no later than 30 days from the date of the warranty claim, unless the Seller and the Buyer agree on a longer period. The expiration of this period is considered a material breach of the Agreement, and the Buyer has the right to withdraw from the Purchase Agreement. The moment the Seller receives the Buyer’s will is considered to be the moment of the warranty claim (the exercise of the right from inadequate performance).
- The Seller informs the Buyer in writing about the result of the warranty claim.
- The right from inadequate performance does not belong to the Buyer if the Buyer knew before taking over the goods that the goods have a defect or if the defect was caused by the Buyer.
- In the case of a justified warranty claim, the Buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
- The Buyer has the choice of the method of complaint.
- The rights and obligations of the Contracting Parties with respect to rights arising from inadequate performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- Other rights and obligations of the Parties related to the Seller's liability for defects are regulated by the Seller’s Claims Code.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer delivers correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address specified in his Customer Account or in the order.
- Out-of-court dispute resolution
- The Czech Trade Inspection Authority, with its headquarters at Štěpánská 567/15, 120 00 Prague 2, Company Reg. No.: 000 20 869, website: https://adr.coi.cz/cs, settles out-of-court disputes. The online dispute resolution platform at http://ec.europa.eu/ consumers/odr can be used to resolve disputes between the Seller and
the Buyer under the Purchase Agreement.
- The European Consumer Centre Czech Republic, with its headquarters at Štěpánská 567/15, 12000 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
- All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights under generally binding legislation.
- In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 Par. 1, Letter e) of the Civil Code.
- All rights to the Seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller is not liable for errors caused by third party interventions in the Online Store or as a result of its use contrary to the Store’s purpose. When using the Online Store, the Buyer shall not use procedures that could have a negative impact on the operation of the Store and shall not perform any activity that could allow the Buyer or third parties to interfere with or make unauthorised use of the software or other components of the Online Store and use the Online Store or its parts or software in a way that would be contrary to its purpose.
- The Buyer hereby assumes the risk of a change of circumstances in the sense of Section 1765 Paragraph 2 of the Civil Code.
- The Purchase Agreement, including business conditions, is archived by the Seller in electronic form and is not accessible.
- The wording of these Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- A sample withdrawal form is attached to these Terms and Conditions.
These Terms and Conditions come into force and effect on 3 May 2019.
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