1. INTRODUCTORY PROVISIONS
These Terms and Conditions (hereinafter referred to as the “Terms”) govern the mutual rights and obligations arising from or in connection with a purchase agreement (the “Purchase Agreement”) concluded between the Seller (UM Production s. r. o., with its registered office at Pařížská 1075/5, 110 00, Prague 1, Czech Republic, ID Number: 2281735, registered at the Municipal Court in Prague, Section C, File 192660/MSPH) and any individual (the “Buyer”) purchasing Goods via the Seller’s online shop on the website www.shop.unitedmusic.cz (the “Website”) in accordance with § 1751 (1) of the Civil Code (Act no. 89/2012 Coll.).
The online shop is accessible through the web interface (the “Web-based commerce”).
The Terms do not apply if the Buyer is a legal entity or a person purchasing Goods for business purposes or freelance occupations.
Any provisions differing from these Terms can be agreed upon in the Purchase Agreement, which shall prevail over the provisions of these Terms.
The Terms and Conditions are an integral part of the Purchase Agreement, and both the Purchase Agreement and these Terms are in English. The Purchase Agreement may also be concluded in English.
The Seller reserves the right to amend or supplement these Terms. Such amendments will not affect rights or obligations arising from the previously effective version of the Terms
2. USER ACCOUNT
By registering on the Website, the Buyer gains access to a user interface (the “User Account”) where they can place orders. The Buyer may also place an order without registration if the Web-based commerce allows it.
The Buyer must provide accurate and truthful information when registering and ordering Goods, and must promptly update any changes to this information.
Access to the User Account is secured by a username and password, which the Buyer must keep confidential.
The Buyer is not permitted to allow third parties to use their User Account.
The Seller may cancel the User Account, especially if the Buyer does not use it for more than four years or violates obligations under the Purchase Agreement or these Terms.
The Buyer acknowledges that the User Account may not be continuously available due to maintenance.
3. CONCLUDING THE PURCHASE AGREEMENT
The presentation of Goods on the Website is for informational purposes only, and the Seller is not obligated to conclude a Purchase Agreement regarding the displayed products.
The Web-based commerce provides information about the Goods, including their prices, which are inclusive of VAT and other related charges (excluding packaging and delivery). Prices are valid as long as they appear on the Website.
The Web-based commerce also includes information about packaging and delivery costs, calculated based on the size and weight of the Goods, as well as the delivery territory.
The Buyer places an order by filling out the order form, which includes:
The Goods ordered (added to the electronic shopping cart).
The payment method, delivery details, and delivery costs.
The Buyer can review and modify the order before submitting it. By clicking “Place order,” the Buyer confirms the order details.
The order is a binding proposal for a Purchase Agreement, which becomes valid upon the Seller’s confirmation of receipt (typically via automated email).
The Seller may request further confirmation of the order, especially if the order’s details (quantity, price, shipping) require clarification.
The Seller may issue a revised offer if unable to fulfill the original order as submitted. The Purchase Agreement is only concluded upon the Buyer’s acceptance of the revised offer.
4.PRICE AND PAYMENT TERMS
The Buyer may pay for the Goods and associated delivery costs through the following methods:
GoPay payment gateway (card, bank transfer, SMS, or GoPay account).
PayPal payment gateway.
The Seller does not require any advance deposit or similar payments unless specified in these Terms.
The Buyer must pay using the variable payment symbol, with the payment being considered fulfilled once the amount is credited to the Seller’s account.
The Seller may require payment of the full purchase price before dispatching the Goods.
Any discounts provided by the Seller cannot be combined.
A tax document (invoice) will be issued by the Seller after payment, and it will be sent electronically to the Buyer.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer may withdraw from the Purchase Agreement within 14 days of receiving the Goods, subject to exceptions under § 1837 of the Civil Code (e.g., customized Goods, sealed packages that have been opened for hygienic reasons).
The withdrawal must be submitted in writing to the Seller’s email (merchandise@unitedmusic.cz), with the Seller confirming receipt of the withdrawal.
Upon withdrawal, the Purchase Agreement is canceled, and the Goods must be returned within 14 days. The Buyer bears the costs of returning the Goods.
The Seller will return the funds received from the Buyer, minus packaging and delivery costs, within 14 days of withdrawal.
If the Buyer withdraws, the Seller is entitled to offset any damages caused to the Goods against the refund.
6. CARRIAGE AND DELIVERY OF GOODS
The Buyer is responsible for additional costs associated with special delivery requests.
If the Seller is to deliver the Goods to a specified address, the Buyer must accept the Goods upon delivery.
In case of incorrect shipping details provided by the Buyer, the Buyer will bear the costs of re-delivery.
If the Goods are lost during shipping, and the Buyer chose a traceable delivery method, the Seller is responsible for resending the Goods. Otherwise, the Buyer will need to reorder at their own expense.
Upon delivery, the Buyer must inspect the packaging and report any damage immediately.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
The Seller is liable for Goods that do not conform to the Purchase Agreement. This includes:
Goods having the agreed quality, fit for purpose, and compliant with legal requirements.
Goods matching the sample or model agreed upon.
Defects present within six months of delivery are assumed to have been present at the time of delivery.
The Buyer must report defects within a reasonable time at the Seller’s business address or place of business.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
Ownership of the Goods passes to the Buyer upon full payment.
The Seller is not bound by any codes of conduct.
Consumer disputes may be resolved by the Czech Trade Inspection (http://www.coi.cz).
The Seller is authorized to sell services under a trade license, and privacy is supervised by the Office for Personal Data Protection.
9. PROTECTION OF PERSONAL DATA
The protection of the Buyer’s personal data is governed by Act no. 101/2000 Coll.
The Buyer consents to the processing of personal data for the purpose of fulfilling the Purchase Agreement and maintaining the User account, including receiving business messages.
The Buyer may request the Seller to correct inaccurate data or discontinue processing if they believe their privacy is being violated.
10. SENDING BUSINESS MESSAGES AND COOKIES
The Buyer agrees to receive business messages and notifications related to Goods, services, and promotions from the Seller via email or SMS.
The Buyer consents to the storage of cookies on their device, with the option to withdraw consent at any time.
11. DELIVERY
Correspondence must be delivered in writing to the Seller’s email (merchandise@unitedmusic.cz). Withdrawals are effective upon confirmation of receipt by the Seller.
Emails or notifications rejected by the recipient or undelivered are considered received.
12. FINAL PROVISIONS
The Purchase Agreement, including these Terms, is governed by Czech law, without affecting consumer rights under applicable laws.
Invalid provisions will be replaced with those closest in meaning to the original provisions, and amendments will be made in writing.
The Seller archives the Purchase Agreement in electronic form and it is not accessible to the Buyer.
Contact Information:
UM Production s. r. o., Pařížská 1075/5, 110 00, Prague 1, Czech Republic
Email: merchandise@unitedmusic.cz
Prague, 1/1/2024
United Music Shop
UM Production s. r. o.