Terms and Conditions
Musical Group Tempus, registered association
Registered office: Mezi Mlaty 1111/10, 697 01 Kyjov
Identification number: 02046784
Registered in the Commercial Register kept by the Regional Court in Brno, Section L, Insert 17712 For the sale of goods through an online store located at the internet address https://www.tempus.cz/eshop
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as “the terms and conditions”) of the registered association Musical Group Tempus, z.s., with its registered office at Mezi Mlaty 1111/10, 697 01 Kyjov, identification number: 02046784, registered in the Commercial Register kept by the Regional Court in Brno, Section L, Insert 17712 (hereinafter referred to as “the seller”) regulate, in accordance with the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “the Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as “the purchase contract”) concluded between the seller and another natural person (hereinafter referred to as “the buyer”) through the seller’s online store. The online store is operated by the seller on the web page located at the internet address https://www.tempus.cz/eshop (hereinafter referred to as “the website”) through the website interface (hereinafter referred to as “the web interface of the store”).
1.2. The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within their business activities or within the scope of their independent profession.
1.3. Deviating provisions from the terms and conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding this merchandise. The provisions of Section 1732 paragraph 2 of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the indication of prices for individual goods and the costs of returning the goods if, by its nature, the goods cannot be returned by ordinary mail. The prices of goods are stated including value-added tax and all related fees. The prices of goods remain valid while displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.
2.3. The web interface of the store also contains information on the costs associated with packaging and delivering the goods. Information on the costs associated with packaging and delivering the goods stated in the web interface of the store applies only when the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills out an order form in the web interface of the store. The order form contains, in particular, information about:
2.4.1. the ordered goods, 2.4.2. the method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods, and 2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, even with regard to the buyer’s ability to detect and correct errors when entering data into the order. The buyer sends the order to the seller by clicking the “Order” button. The data specified in the order are considered correct by the seller. The seller shall confirm the receipt of the order to the buyer without undue delay after receiving the order, to the buyer’s email address specified in the user account or in the order (hereinafter referred to as “the buyer’s email address”).
2.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, expected transportation costs), the seller is entitled to request additional confirmation of the order from the buyer (for example, in writing or by phone).
2.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by email to the buyer’s email address.
2.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are paid by the buyer himself, and these costs do not differ from the basic rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
3.1.1. cash on delivery at the place specified by the buyer in the order form; 3.1.2. by bank transfer to the seller’s account specified in the acceptance of the order; 3.1.3. by cashless payment card via an online payment gateway; 3.1.4. cashless through an online payment system.
3.2. Together with the purchase price, the buyer is also obliged to pay the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
3.3. The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
3.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 3 days of the conclusion of the purchase contract.
3.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.
3.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 2.6), to request payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 paragraph 1 of the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer regarding payments made under the purchase contract. The seller is a payer of value-added tax. The tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent electronically to the buyer’s email address.
4. WITHDRAWAL FROM THE CONTRACT
4.1. The buyer acknowledges that, in accordance with the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the delivery of goods that have been modified according to the buyer’s wishes or for the buyer, from a purchase contract for the delivery of perishable goods and goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the delivery of goods in a sealed package that the consumer has removed from the package and for hygienic reasons it is not possible to return the goods, and from a purchase contract for the delivery of audio or video recordings or a computer program if the original packaging has been damaged.
4.2. If it is not the case referred to in Article 4.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 paragraph 1 of the Civil Code within 14 days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller, which forms an annex to the terms and conditions. The withdrawal from the purchase contract can be sent by the buyer to the address of the seller’s office or to the seller’s email address firstname.lastname@example.org.
4.3. In the event of withdrawal from the purchase contract according to Article 4.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by ordinary mail due to its nature.
4.4. In the event of withdrawal from the purchase contract according to Article 4.2 of the Terms and Conditions, the seller will return the funds received from the buyer within 14 days of withdrawal from the contract by the buyer 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 when returning the goods or otherwise, if the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, 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.
4.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
4.6. Until the goods are received by the buyer, the seller may withdraw from the contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective, and the buyer is obliged to return the provided gift to the seller together with the goods.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. If the mode of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2. If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other 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 delivery method.
5.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. If there is evidence of damage to the packaging indicating unauthorized entry into the consignment, the buyer is not obliged to accept the consignment from the carrier.
5.5. Further rights and obligations of the parties regarding the transport of goods may be regulated by special delivery conditions issued by the seller if such conditions are provided by the seller.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
6.2. The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
6.2.1. The goods have the qualities agreed upon by the parties, and if there are no agreements, have the qualities described by the seller or the manufacturer or that the buyer expected given the nature of the goods and based on advertising by them,
6.2.2. The goods are suitable for the purpose stated by the seller for its use or for which goods of this kind are usually used,
6.2.3. The goods correspond to the agreed quality or design to the agreed sample or template if the quality or design was determined according to the agreed sample or template,
6.2.4. The goods are in the appropriate quantity, extent, or weight, and
6.2.5. The goods meet the requirements of legal regulations.
6.3. The provisions set forth in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by the normal use of the goods, for used goods for a defect corresponding to the extent of use or wear and tear that the goods had upon acceptance by the buyer, or if it arises from the nature of the goods.
6.4. If a defect appears within six months of acceptance, it shall be presumed that the goods were defective already at the time of acceptance. The buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months of acceptance.
6.5. The buyer asserts the rights from defective performance at the seller’s address of their establishment, where the acceptance of complaints is possible considering the range of goods sold, or possibly at the domicile or place of business.
6.6. Further rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint handling procedure.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The seller is not bound by any codes of conduct towards the buyer in terms of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
7.3. Complaints of consumers are handled by the seller via the email address email@example.com. The seller shall send information about the handling of the buyer’s complaint to the buyer’s email address.
7.4. The Czech Trade Inspection Authority (CTIA) located at Štěpánská 567/15, 120 00 Prague 2, IC: 000 20 869, website: https://adr.coi.cz/cs is competent for out-of-court resolution of consumer disputes arising from the purchase agreement. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase agreement.
7.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 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.
7.6. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority oversees, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.7. By accepting these terms, the buyer assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
8. PERSONAL DATA PROTECTION
8.1. The seller fulfills their obligation to provide information to the buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) related to the processing of the buyer’s personal data for the purposes of fulfilling the purchase contract, negotiating this contract, and fulfilling the public law obligations of the seller through a special document.
9. SENDING COMMERCIAL COMMUNICATIONS AND COOKIE STORAGE
9.1. The buyer agrees to receive information related to the goods, services, or business of the seller at the buyer’s electronic address and further agrees to receive commercial communications from the seller at the buyer’s electronic address. The seller fulfills their obligation to provide information to the buyer under Article 13 of the GDPR related to the processing of the buyer’s personal data for the purpose of sending commercial communications through a special document.
9.2. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make purchases on the website and fulfill the seller’s obligations from the purchase contract without storing so-called cookies on the buyer’s computer, the buyer can withdraw their consent at any time.
10.1. The buyer may receive deliveries at their electronic address.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law according to the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded to them by provisions of the legal order from which there can be no deviation by agreement and which would apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. Contact details of the seller: address for delivery Music Group Tempus, z. s., Mezi Mlaty 1111/10, 697 01 Kyjov, email address firstname.lastname@example.org, phone 733 543 589.
In Brno on January 5, 2024