United Music Shop
UM Production s. r. o.
Pařížská 1075/5, 110 00, Prague 1
Identification number: 24281735
for the online e-shop at www.shop.unitedmusic.cz
1. INTRODUCTORY PROVISIONS
o These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company UM Production s. r. o. (limited liability company), with its registered seat at Pařížská 1075/5, 110 00, Prague 1, ID Number: 2281735, held in the Commercial Register at the Municipal Court in Prague, Section C, File 192660/MSPH (hereinafter referred to as the “Seller”), govern mutual rights and obligations arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded by and between the Seller and any other natural person (hereinafter referred to as the “Buyer”) through an online shop of the Seller on the website www.shop.unitedmusic.cz (hereinafter referred to as the “Website”) in accordance with § 1751 par. 1 of the Act no. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”). The online shop is accessible through a web interface (hereinafter referred to as the “Web-based commerce”).
o The Terms and Conditions do not apply to cases where a person who intends to purchase Goods from the Seller is a legal entity or a person who orders Goods within the course of their business or within their freelance occupations.
o Provisions differing from the Terms and Conditions can be agreed on in the Purchase Agreement. The divergent arrangements within the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
o Provisions of the Terms and Conditions make an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are written in the English language. The Purchase Agreement may be concluded in the English language.
o The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising for the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
o Upon a registration of the Buyer on the websites, the Buyer can access their user interface. From the user interface, the Buyer can order Goods (hereinafter referred to as the “User account”). The Buyer can also order Goods without a registration directly from the web-based commerce if the web interface allows them so.
o The Buyer is obliged to provide only correct and true information when registering on the website and ordering Goods. Data, entered by the Buyer into the User account, shall be updated by the Buyer as soon as any changes arise. Data entered by the Buyer into the User account and when ordering Goods are deemed correct by the Seller.
o Access to the User account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their User account.
o The Buyer is not entitled to allow using their User account by third parties.
o The Seller may cancel any User account, especially when the Buyer does not use their User account for more than 4 years, or if the Buyer breaches their obligations arising from the Purchase Agreement (including the Terms and Conditions).
o The Buyer acknowledges that the User account may not be available continuously, especially with regard to a necessary maintenance of hardware and software equipment of the Seller, respectively a necessary maintenance of hardware and software equipment of third parties.
3. CONCLUDING THE PURCHASE AGREEMENT
o Any presentation of the Goods placed in the Web-based commerce is informative and the Seller is not obliged to conclude the Purchase Agreement regarding this product. The provision of § 1732 par. 2 of the Civil Code shall not apply.
o The Web-based commerce contains information about the Goods, incl. prices of individual items. Prices of the Goods are inclusive of VAT and all related charges, besides packaging and delivery of the Goods. Prices of the Goods remain in force as long as they are displayed in the Web-based commerce. This provision shall not restrict the Seller from concluding the Purchase Agreement under individually negotiated conditions.
o The Web-based commerce also contains information on the costs associated with packaging and delivery of the Goods. These costs are calculated automatically at the checkout on the website based on size and weight of the Goods and territory, where the Goods should be delivered to. Additional taxes and customs costs might apply based on the law of a country, where the Goods is shipped in. These costs are paid by the Buyer
o In order to complete an order, the Buyer fills an order form in the Web-based commerce. The order form particularly contains information about:
§ The ordered Goods (the Buyer “inserts” the ordered Goods into an electronic shopping cart of the Web-based commerce);
§ The method of a purchase price payment, details of the desired method of delivery and
§ Information on the costs associated with the delivery (hereinafter collectively referred to as the “Order”).
o Before sending the Order to the Seller, the Buyer is allowed to check and modify data entered, even considering the Buyer´s option to detect and correct errors arising from the data entry. The Buyer sends the Order to the Seller by clicking on the “Place order” button. Data specified in the Order are deemed correct by the Seller.
o Sending the Order is regarded as an act of the Buyer who identifies the ordered Goods, the purchase price, themselves as a person, the method of the purchase price payment, all that in an unequivocal way, as well as an act that establishes a binding purchase agreement draft mutually for both parties. The validity of the Order is dependent on entering all mandatory data into the order form, familiarization with the Terms and Conditions on the website and confirmation that the Buyer got acquainted with the Terms and Conditions.
o Immediately after receiving the Order, the Seller shall confirm (mostly by an automatically generated e-mail) this fact via e-mail to the Buyer’s e-mail address specified in the user interface or in the Order (hereinafter referred to as the “Buyer´s e-mail address”).
o The Seller is always entitled, depending on the nature of the Order (quantity of Goods, purchase price, estimated shipping costs) to ask the Buyer for any additional confirmation of the Order (such as in writing or by telephone).
o A proposal of an agreement in the form of an order is valid for fifteen days.
o The contractual relationship between the Seller and the Buyer arises upon the receipt of the Order (acceptance), which the Seller sends to the Buyer´s e-mail address.
o If the Seller cannot meet any of the requirements specified in the Order, the Seller shall send a revised offer to the Buyer’s email address, stating the possible variants of the Order, and shall request the Buyer´s opinion.
o The revised offer is considered a new purchase agreement draft and the Purchase Agreement, in this case, is not concluded until the acceptance made by the Buyer via e-mail.
o The Buyer agrees to the use of distance communication means for concluding the Purchase Agreement. Costs incurred to the Buyer when using means of distance communication in connection with concluding the Purchase Agreement (costs of internet access, telephone costs) shall be borne by the Buyer, and these costs do not differ from a standard rate.
4. PRICE AND PAYMENT TERMS
o Under the Purchase Agreement, the Buyer is entitled to pay the price of the Goods and any costs associated with their delivery to the Seller in the following ways:
§ By a cashless payment via GoPay payment gateway (Card, bank transfer, SMS payment, GoPay account);
§ By a cashless payment via PayPal payment gateway.
o Along with the purchase price, the Buyer shall pay costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with a delivery of the Goods.
o The Seller does not require paying a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions concerning an obligation to pay the purchase price in advance.
o In the case of a cashless payment, the Buyer is obliged to pay the purchase price stating a variable symbol of the payment. In the case of a cashless payment, the Buyer´s obligation to pay the purchase price is met at the time the appropriate amount is credited to the Seller’s account.
o The Seller is entitled, especially if the Buyer does not provide for additional confirmation (Art. 3.8), to require payment of the full purchase price before sending the Goods. The provisions of § 2119 par. 1 of the Civil Code does not apply.
o Any discounts on the price of the Goods provided by the Seller to the Buyer cannot be combined.
o If it is customary in trade relations or if it is so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer regarding payments made under the Purchase Agreement. The tax document – the invoice is issued by the Seller to the Buyer after the payment of the price of the Goods and sent electronically to the Buyer’s email address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
o The Buyer acknowledges that pursuant to § 1837 of the Civil Code, it is not allowed, inter alia, to withdraw from contracts:
§ for the supply of Goods that have been adjusted according to their wishes or for their need,
§ for the supply of Goods in sealed packages which the Buyer unsealed and it is not possible to return them for hygienic reasons,
§ for the supply of audio or video recordings if the Buyer damaged their original packaging,
§ for the delivery of digital content, if not supplied on a tangible medium and if delivered with the prior express consent of the consumer before the term for a withdrawal ends.
o If not a case under Art. 5.1 or if not a case where it is not allowed to withdraw from the contract, the Buyer is in accordance with § 1829 par. 1 of the Civil Code entitled to withdraw from the contract within fourteen (14) days from receiving the Goods, and if the object of the Purchase Agreement contains several kinds of Goods or supply of several parts, the period runs from the date of receiving the last delivery. Withdrawal from the Purchase Agreement shall be sent to the Seller within the period as set forth in the previous sentence.
o Withdrawal from the purchase agreement must be sent in a written version on the e-mail of merchandise (at) unitedmusic.cz. The Seller will confirm the acceptance in the text form.
o In the event of a withdrawal from the Purchase Agreement pursuant to Art. 5.2 of the Terms and Conditions, the Purchase Agreement is to be cancelled from the beginning. The Goods must be returned to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the Goods to the Seller; it shall apply even if the Goods cannot be returned through a usual postal route due to its nature and characteristics.
o In the event of a withdrawal pursuant to Art. 5.2 herein, the Seller returns the funds received from the Buyer minus the costs for packaging and delivery of the Goods within fourteen (14) days of the withdrawal that is in the same way as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already at the time of returning the Goods by the Buyer or otherwise if the Buyer agrees to and unless it does not cause any additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received from the Buyer before the Buyer returns the Goods to the Seller or before the Buyer proves that the Goods had been already sent to the Seller.
o The Seller is entitled to offset claims for damages caused to the Goods unilaterally against the Buyer’s claim for a refund of the purchase price.
o Until the Buyer receives the Goods, the Seller is entitled to withdraw from the Purchase Agreement at any time. In this case, the Seller returns the purchase price to the Buyer without any undue delay; it shall be performed by a bank transfer to an account designated by the Buyer.
o If the Goods come together with a special gift for the Buyer, the Seller, and the Buyer conclude a donation agreement with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, such donation agreement loses its effectiveness regarding the gift and the Buyer is required to return the gift along with the Goods to the Seller.
6. CARRIAGE AND DELIVERY OF GOODS
o If there is a special carriage agreed based on the Buyer´s request, the Buyer bears the risk and additional costs associated with this mode of carriage.
o If the Seller is obliged to deliver the Goods to a place specified by the Buyer in the purchase order, the Buyer is obliged to accept the Goods on delivery.
o If due to the reasons at the Buyer´s side (e.g. entering a wrong shipping address), the Goods need to be delivered repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the Goods, respectively the costs associated with any other delivery methods. In case a package with ordered goods gets lost due to incorrect address entered by a buyer, the seller is not responsible for replacing the lost items and a buyer needs to place a new order on own expenses.
o If a shipped package with goods get lost during shipping and a buyer has ordered shipping method incl. track and trace number then is the seller responsible for re-sending the goods again on his expenses. In case, the order was made by a buyer with shipping without track and trace number, then is the seller not responsible for shipping the goods again and a buyer needs to place a new order on own expenses.
o When accepting the Goods from the carrier, the Buyer is obliged to check the integrity of packaging and to immediately notify the carrier if any defects detected. In the case of detecting damages to the packaging due to unauthorized intrusion into the consignment, the Buyer may not accept the shipment from the carrier.
o The buyer chooses the transport method in the checkout form before confirming his order and agrees with the transport cost and method of transportation by clicking on “Place order”.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
o Rights and obligations of the parties arising from defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
o The Seller is liable to the Buyer for no defects on the Goods on the delivery. In particular, the Seller is liable to the Buyer that when the Buyer receives the Goods:
§ the Goods have qualities that the parties have agreed on, and if any arrangement is absent, the Goods have such properties which the Seller or the manufacturer has described or which the Buyer has expected with regard to the nature of the Goods and based on advertisements carried by them,
§ the Goods are fit for the purpose for which the Seller advertise its use or for which the Goods of the same type are normally used,
§ the quality or the implementation of the Goods correspond to the agreed sample or model if the quality or the implementation was determined in accordance with the agreed sample or model,
§ the Goods are delivered in a corresponding quantity, measure or weight and number of pieces,
§ the Goods comply with the relevant legal requirements.
o The provisions of Art. 7.2 of the Terms and Conditions shall not apply to Goods sold at a lower price for a defect for which the lower price was negotiated, to wear and tear of the Goods caused by its common use, to used Goods for a defect corresponding to the level of use or to a being wore which the Goods had already at the delivery to the Buyer, or if it is clear from the nature of the Goods.
o When there is a defect within six months after the delivery, it is assumed that the goods were defective at the time of delivery.
o The Buyer shall apply their rights arising from defective performance with the Seller at the Seller´s place of business in which the complaint is possible to be made, taking into account the assortment of sold Goods, possibly at the seat or place of business. The moment when the Seller receives complained Goods from the Buyer is considered to be the moment of making a complaint.
o Other rights and obligations of the parties relating to the liability of the Seller for defects can be modified by the Seller´s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
o The Buyer acquires ownership of the Goods by paying the entire purchase price of the Goods plus the costs of the packaging and delivery of the Goods.
o The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of § 1826 par. 1 letter e) of the Civil Code.
o The out of court settlement of consumer disputes arising from the Purchase Agreement shall be performed by the Czech Trade Inspection, with its registered seat at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, web: http://www.coi.cz.
o The seller is entitled to sell services on the basis of a trade license. Trade control is carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the defined scope, among others supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
o 5 Buyer hereby takes on himself the danger of changing circumstances within the meaning of § 1765, paragraph. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
o The protection of the Buyer´s personal data as of a natural person is provided by the Act no. 101/2000 Coll., on Personal Data Protection, as amended.
o The Buyer agrees to the processing of the following personal data by the Seller: name and surname, residence address, mailing address, identification number, tax identification number, email address, telephone number, or other information entered by the Buyer´s purchase order (hereinafter collectively referred to as the “Personal Information “).
o The Buyer agrees to the processing of personal data by the Seller for the purpose of realization of rights and obligations under the Purchase Agreement and for the purpose of maintaining a User account. If the Buyer does not choose otherwise, the Buyer gives consent to the processing of personal data by the Seller also for the purpose of sending business messages and information to the Buyer. The consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a Purchase Agreement.
o The Buyer acknowledges that they are obliged to present their personal data (at registration, in its User account, when ordering from the Web-based commerce) correctly and truthfully as well as to inform the Seller of any change in his personal data without undue delay.
o The Seller may appoint a third party as a processor of the Buyer´s personal data. In addition to the persons transporting Goods, the personal data shall not be passed on to any third parties by the Seller without the Buyer´s prior consent.
o Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
o The Buyer confirms that the personal information is accurate and that they were advised that they provide their personal information voluntarily.
o If the Buyer thinks that the Seller or the processor (Art. 9.5) performs the processing of their personal data in a way that is inconsistent with the protection of private and personal life of the Buyer or against the law, especially that the personal data are inaccurate with regard to the purpose of their processing, the Buyer may:
§ ask the Seller or the processor for an explanation,
§ require correcting the situation by the Seller or the processor
o If the Buyer requests information regarding the processing of their personal data, the Seller is obliged to deliver this information. The Seller has the right to require reasonable compensation not exceeding the costs of providing the necessary information for the provision of the information pursuant to the preceding sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
o The Buyer agrees to receive information related to Goods, services or company of the Seller to the Buyer’s email address or via SMS to the Buyer’s telephone number and further agrees to receive business messages from the Seller to the Buyer’s email address via SMS to the Buyer’s telephone number.
o The Buyer agrees with storing so-called cookies on their computer. In the event that a purchase on the website can be made, and commitments of the Seller arising from the purchase agreement can be fulfilled without any storage of so-called cookies on the Buyer´s computer, the Buyer may take back their consent under the previous sentence at any time.
o Unless agreed otherwise, all correspondence among the Buyer and the Seller, especially related to the Purchase Agreement must be delivered to the other party in written form on the e-mail of merchandise (at) unitedmusic.cz. A withdrawal of the agreement is effective by confirmation of delivery by the Seller.
o As delivered is also considered notification, which acceptance was rejected by the addressee, which was not picked up on time, or which was returned as undeliverable.
o The Parties may send mutual regular correspondence via e-mail, at the e-mail address specified in the user account of the buyer or in the order, respectively to the address stated on the website of the seller.
12. FINAL PROVISIONS
o If the relationship established by the Purchase Agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This arrangement does not affect any rights of a consumer arising from generally binding legislation.
o If any provision of the Terms and Conditions is deemed invalid or ineffective, or if any provision of the Terms and Conditions becomes invalid or ineffective, a provision whose meaning is the closest to the previous invalid provision shall replace the former invalid provisions. Invalidity or unenforceability of one provision is without prejudice to the other provisions. Any amendments and supplements to the Purchase Agreement or to the Terms and Conditions shall be made in a written form.
o The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it is not accessible.
o Contact details of the Seller: postal address: UM Production s. r. o., Pařížská 1075/5, 110 00, Prague 1 Czech Republic, e-mail:merchandise (at) unitedmusic.cz, phone +420 775 190 935
United Music Shop
UM Production s. r. o.