Terms and Conditions

Terms and conditions

 

    1 .GENERAL PROVISIONS

These general terms and conditions govern the rights and obligations of the parties arising from the purchase agreement concluded between:

Seller: Natalie Friesen Hellichova 811, Poděbrady, 290 01, Czech Republic

IČ: 04420578

Contact information: email: dfjazzeducation@post.cz, phone: +420 608 904 408

(hereinafter referred to as the "seller")

and

buyer, whose subject is the purchase and sale of goods on the seller's e-commerce website.

 

Address for making complaints, withdrawals from the contract, suggestions and grievances: Natalie Friesen Hellichova 811, Poděbrady, 290 01, Czech Republic, email: dfjazzeducation@post.cz

 

2. SUBJECT OF THE CONTRACT

The subject of the contract are only items of goods and services (products) explicitly stated in the purchase contract - order. The quantity, properties, prices, and other data contained on the seller's website are binding data.

The seller undertakes to supply the buyer with:

- a defect-free product in accordance with the specification or with the characteristics usual for the sort,

- a product complying with the standards, regulations and ordinances valid in the territory of the Czech Republic.

The parties have agreed that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions will apply to all purchase agreements, concluded on the e-commerce website operated by the seller, under which the seller delivers the product presented on the website to the buyer (hereinafter referred to as the "purchase agreement") and to all relations between the seller and the buyer, particularly arising from the conclusion of the purchase agreement and product complaint.

All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code and the Consumer Protection Act (Act No. 634/1992 Coll.). If the contracting party is an entrepreneur, the relations not regulated by the business conditions are governed by the provisions of the Civil Code applicable to the entrepreneur.

 

3. ORDER CANCELLATION

Cancellation of the order by the buyer:

The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation and the buyer has the right to withdraw from the contract, the subject of which is the product delivery, even before the expiration of the withdrawal period.

If the seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 subs. 1 para. h), the consumer is entitled, even without stating a reason, to withdraw from the contract concluded at a distance or outside the premises of the seller within 14 days from the date of receipt of the product.

The seller will exercise the right to compensation mainly in the case of the product purchase " to order", which was necessary to procure at the request of the buyer or in connection with securing if the product has already incurred demonstrable costs. The cancellation fee can be up to the cost of the product procurement.

Cancellation of the order by the seller:

The seller reserves the right to cancel the order or a part thereof in the following cases:

- the order could not be confirmed in a binding manner (incorrect telephone number, unavailable buyer, buyer does not reply to e-mails, etc.).

The General Terms and Conditions are an integral part of the purchase agreement. Providing that the seller and the buyer enter a written purchase agreement, in which they agree on conditions deviating from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.

 

4. METHOD OF CONCLUDING A PURCHASE AGREEMENT

The purchase agreement is concluded by the binding acceptance of the proposal for the conclusion of the purchase agreement of the buyer by the seller in the form of an e - mail message of the buyer sent to the seller or in the form of a form filled in and sent by the buyer on the seller 's website (hereinafter "order").

The binding acceptance of the buyer's order by the seller is an email confirmation or confirmation via private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer marked as "order confirmation".

Binding acceptance of the order contains information on the name and specification of the product, whose sale is the subject of the purchase agreement, further information on the price of the product and / or other services, the name and information on the conditions, method and date of delivery of the product, or other information.

 

5. RIGHTS AND OBLIGATIONS OF THE SELLER

The seller is obliged to:

1. deliver the product to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality, and time,
2. ensure that the delivered product meets the obligations set out in the valid legal regulations of the Czech Republic,
3. hand over to the buyer at the latest together with the product in written or electronic form all the documents necessary for taking over and using the product and other documents prescribed by valid legal regulations.

The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered product.

 

6. RIGHTS AND OBLIGATIONS OF THE BUYER

The consumer is entitled to withdraw from the contract in a written form within fourteen days without giving a reason (Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises) from the day of taking over the product or concluding the contract for the provision of the service. Withdrawal of the consumer from the contract terminates the contract from the beginning. 

Consumer:

1. takes over the purchased or ordered product,
2. pays the seller the agreed purchase price within the agreed due date, including the cost of delivery of the product.

The consumer has the right to deliver the product in quantity, quality, time and the manner and place agreed by the parties in the binding acceptance of the order.

 

7. TERMS OF DELIVERY

 1. Product delivery methods:

Delivery of the product is possible by following means: delivery of the electronic link to the consumer's electronic mailbox specified in the order.

 2. Price and payment:

All prices include VAT.

When ordering the product and delivery: total. Electronic delivery of a link to assume the product resulting from the contract:  $0.00. The delivery price is valid worldwide.

 The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase agreement at the time of concluding the purchase agreement, including the cost of delivery of goods (hereinafter "purchase price"):

• PayPal payment,
• payment by card.

 

3. The buyer is obliged to pay the seller the purchase price for the agreed product within the period according to the purchase agreement, but no later than at the time of taking over the product.
4. If the buyer pays the seller the purchase price for the product agreed in the purchase agreement, the buyer is entitled to withdraw from the purchase agreement and demand a refund of the purchase price only in accordance with applicable legislation of the Czech Republic.
5. Providing that the buyer does not pay the seller the full purchase price when taking over the product, the parties agree that the seller is entitled to withdraw from the purchase agreement and demand compensation from the buyer for the costs of ordering and delivery of unpaid product.
6. The prices of the products listed on the seller's website are valid at the time of sending the consumer's order.
7. The purchase price will be considered paid by crediting the full purchase price to the seller's account.
8. The seller reserves the right of ownership of the product until the purchase price is paid in full.
9. The proof of purchase issued on the basis of the purchase agreement between the seller and the buyer is also a tax document.
10. The product acceptance by the buyer is in principle only possible after full payment, unless otherwise agreed.
11. The price of transport, delivery of the product, is added to the price of the product, as mentioned above in point 7.2.
12. The product is sold according to the requirements of the buyer and issued samples, catalogs, sample books of the seller, placed on the website of the seller's e-shop.
13. The seller is obliged to fulfill the consumer's order within 30 days of its delivery, unless the seller and the consumer agree otherwise.
14. The buyer will take over the product by the means specified in the acceptance of the buyer's order by the seller.
15. Data on product properties, quantity, and other data contained on the seller's e-commerce website are binding data.
16. The product place of delivery is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase agreement.
17. The product is considered delivered at the moment of delivery of the product to the electronic address specified in the binding acceptance of the order.
18. If the buyer checks the product after delivery and finds that the product has any defects, he can notify the seller and file a complaint with the seller.

 

      8. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO THE PRODUCT

The buyer acquires ownership of the product by paying the full purchase price for the product.

 

9. COPYRIGHT

Copyright is governed by the Copyright Act no. 121/2000 Coll. as amended.

 

10. WITHDRAWAL FROM THE PURCHASE AGREEMENT

The buyer is entitled to withdraw from the purchase agreement within 14 days of receiving the product without giving a reason in accordance with Art. § 1829 subs. 1 of Law No. 89/2012 Coll. Civil Code. On consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws.

The seller is obliged to receive the product and return to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract the price paid for the product, including costs incurred by the consumer in order to order the service. The cost of returning the product is borne by the consumer.

In accordance with Art. § 1837 subs.of Law No. 89/2012 Coll. Civil Code. The consumer can not withdraw from a contract concerning him/her:

1. the provision of a service, where it has been provided with the consumer's express consent and the consumer has stated that he has been duly informed that, by expressing consent, he loses the right to withdraw from the contract after full provision of the service;
2. the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
3. the sale of goods made to the consumer specific requirements, custom-made goods or goods intended specifically for one consumer,
4. the sale of goods subject to rapid deterioration,
5. the sale of goods enclosed in protective packaging which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery,
6. the sale of goods which, due to their nature, may after delivery be inseparably mixed with other goods,
7. the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, their delivery can be made after 30 days at the earliest and their price depends on market price movements beyond the seller's control,
8. carrying out urgent repairs or maintenance explicitly requested by the consumer; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
9. the sale of phonograms, video recordings, video-sound recordings, books, or computer software sold in protective packaging, if the consumer has unpacked the packaging,
10. the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
11. provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
12. the supply of electronic content other than on a tangible medium, where such provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right of withdrawal.

 

The buyer will withdraw from the contract in writing.

The buyer shall state the buyer's identification, order number and date, exact product specification, until the withdrawal from the purchase agreement according to the previous point of these general terms and conditions, and the way the seller should return already received performance, especially account number and / or postal address.

The consumer is obliged to return the product or hand it over to the seller or a person authorized by the seller no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the product in person or through an authorized person. The time limit referred to in the first sentence shall be deemed preserved if the product was handed over for transport no later than the last day of the time limit.

Upon valid withdrawal from the contract, the seller shall return the buyer the purchase price, including the costs incurred by the buyer in connection with ordering and delivering the product, if the buyer submits to the seller written documents on such costs incurred by the buyer.

The costs incurred by the buyer in order to order the product are considered to be the costs of making the order, in particular the price for making a phone call by which the buyer made a proposal to conclude a purchase agreement or the price for connecting the buyer to the seller's website, on which the buyer filled in the form for ordering goods on the website, or wrote and sent an e-mail with an order for goods.

 

11. CONFIDENTIALITY

The buyer is obliged to maintain the confidentiality of all information made available to him in connection with deliveries from the seller, which he may consider in view of the circumstances clearly as a trade or company secret and which should be kept confidential, except for information known from public resources.

 

12. FINAL PROVISIONS

Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

The buyer assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, Prague 2, postal code: 120 00, is responsible for the out - of - court settlement of consumer disputes arising from the purchase contract.

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.

The purchase contract is archived by the seller in electronic form and is not accessible.

The seller is entitled to unilaterally change the wording of these terms and conditions.

A sample form for withdrawal from the purchase contract is attached to the terms and conditions.

Seller's contact details: delivery address : Natalie Friesen, Hellichova 811, Poděbrady, 290 01, Czech Republic, email: dfjazzeducation@post.cz, phone: +420 608 904 408

 

These conditions take effect on 06.01.2023