Terms and Conditions
Jindřich Brejcha – Forbidden Society Recordings
Registered adress: J.Š. Baara 1765/44, 370 01 České Budějovice,
Identification number: 08958408 entered in the Trade Register maintained by the Municipal Office of the City of České Budějovice, File No. Ž/1410/2020/MŠ/1034777/5.
for the sale of goods through an on-line shop located on the webpage store.fsrecs.com
1. Preliminary Provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of a enterprising individual Jindřich Brejcha, with the registered office of J.Š. Baara 1765/44, 370 01 České Budějovice, identification number: 08958408, registered in the Trade Register maintained by the Municipal Office of the City of České Budějovice, File No. Ž / 1410/2020 / MŠ / 1034777/5. (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another enterprising individual or legal person (hereinafter the “buyer”) through the seller’s online store. The eshop has been operated on the website located at store.fsrecs.com (the “Website”), through the Website Interface (the “Website Interface”).
1.2. The Business Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
Based on the buyer’s registration on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as “user account”). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and the data when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The Seller may cancel the user account, especially if the buyer has not used his user account for more than 12 months, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller, for example necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery.
3.4. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the price of the purchased goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer’s ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the “Finish order” button. The data listed in the order are deemed correct by the seller. The Seller shall confirm the order to the Buyer immediately upon receiving the order by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the Buyer; costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase contract, can be payed by the buyer to the seller in the following ways:
• by wire transfer to Seller’s Account No. 7001018909/8040, maintained with Oberbank AG (hereinafter referred to as “Seller’s Account”);
• cashless via the Pays payment system;
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4. In 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 buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
4.5. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.7. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the purchase contract. The seller is not a payer of value added tax. The tax document – the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the buyer’s wish or for him. which has been irretrievably mixed with other goods after delivery, from a sealed package purchase contract which the consumer has removed from the package and cannot be returned for hygiene reasons, and from a sound or video recording or computer program delivery contract if it violated their original packaging.
5.2. If this is not the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14 ) days after receiving the goods, and if the purchase contract is subject to several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the standard form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer either to the Seller’s premises or to the Seller’s e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The Goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.4. In case of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the full amount spent by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees to it and it does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods has been sent to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Buyer’s claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.
5.7. 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 cancellation condition that if the Buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mean of transport is negotiated on a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mean of transport.
6.2. 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 over the goods upon delivery.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
6.4. Upon receiving 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 notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. This does not affect the Buyer’s rights from liability for defects of goods and other Buyer’s rights resulting from generally binding legal regulations.
6.5 Customer will receive an email with download link in case of virtual product (digital release) after successfull payment of the order.
6.6. Other rights and obligations of the parties in the act of delivering the goods may be modified by special delivery terms of the seller, if issued by the seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receiving. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
7.2.1. the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. If the defect becomes apparent within one month of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.4. The seller has obligations of defective performance at least to the same extent as the obligations of defective performance of the manufacturer. The buyer is otherwise entitled to exercise the right from the defect that occurs in consumer goods within twenty-four months of receipt. If the goods to be sold has on their packaging, in the instructions accompanying the goods or in an advertisement, in accordance with other legislation, indicate the period during which the goods may be used, the quality guarantee provisions shall apply. The Seller undertakes to guarantee that the goods will be fit for normal use for a certain period of time or that they will retain their normal properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
7.5. The provisions referred to in Article 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 agreed, to wear of the goods caused by its normal use, by the buyer or if it results from the nature of the goods. The Buyer shall not be entitled to any defective performance if the Buyer knew that the goods had a defect or if the Buyer himself caused the defect.
7.6. Rights from liability for defects of the goods shall be exercised by the Seller. However, if the certificate issued to the Seller regarding the scope of the liability rights for defects (within the meaning of Section 2166 of the Civil Code) states another person to repair the goods that is closer to the Seller or to the Buyer, that person will repair the goods. Except in cases where another person according to the previous sentence is intended to carry out the repair, the seller is obliged to accept the complaint in any establishment, where acceptance of the complaint is possible with regard to the assortment of products or services sold, possibly also in the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller for repair.
7.7. The Buyer may specifically claim rights from liability for defects of goods in person at the address J.Š. Baara 1765/44, 370 01 České Budějovice, by telephone + 420 776 874 000 or by e-mail at email@example.com.
7.8. The Buyer shall inform the Seller of the right he has chosen at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller’s consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable.
7.9. If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect be removed for free. The buyer has the right to obtain new goods or replace parts even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, or if the Seller fails to rectify the goods within a reasonable time or if remedying the Buyer would cause considerable difficulties.
7.10. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning § 1826 para. e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via the e-mail address firstname.lastname@example.org. The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s email address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. 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 sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Its duty to inform the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the fulfillment of Seller’s public obligations.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial communications by the Seller at an electronic address or the phone number of the buyer. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
10.2. The buyer agrees to the storing of cookies on his computer. If the purchase can be made on the website and the seller’s obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer’s computer, the buyer can withdraw the consent under the previous sentence at any time.
11.1. It may be delivered to the Buyer at the Buyer’s email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection afforded by provisions of the law which cannot be contractually derogated from and which would otherwise apply under the provisions of Article 6 (1) of the (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).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, 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 shall not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.
12.5. Seller’s contact details: delivery address J.Š. Baara 1765/44, 370 01 České Budějovice, e-mail address email@example.com, phone +420 776 874 000.
In České Budějovice on 1 March 2020