General Business Terms and Conditions valid from 25.5.2018
I. Introductory provisions
For the purchase of the following terms and conditions (hereinafter referred to as the "OP") in the internet store www.deadcat.eu, which further define and specify the rights and obligations of the seller, the owner and operator of the website www.deadcat.eu, Master Sound s.r.o. with registered office at Nové Hvězdlice 19, 683 41, identification number: 28310799 registered in the Commercial Register maintained in Brno, Section C, Insert 60446, and the Buyer. All contractual relationships are concluded in accordance with the legal order of the Czech Republic.
Legal relationships which are not expressly regulated by these Business Terms and Conditions are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as "Civil Code").
If the Buyer is a consumer (a person other than an entrepreneur who makes an order or concludes a contract with the seller in the course of his business), the rights and obligations of the Seller and the Buyer are also governed by the provisions of Section 2158 et seq. (Hereinafter referred to as the "Special Provision for Sale of Commodities") and, in the case of buyers of consumers, also by Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter referred to as "Zos").
Consumer contract - Purchase, service, or other contract according to ObčZ, if the parties are on the one hand a consumer (a person other than an entrepreneur who makes an order or concludes a contract with the seller in the course of his business or within a separate business the performance of their profession) and, on the other hand, seller.
Seller / operator of an online store - a person who, when concluding and fulfilling the contract, acts in the course of his business or other business activity. It is an entrepreneur who delivers products or services to the buyer directly or through other entrepreneurs.
Buyer - Consumer - a person who does not act in the course of his business when he concludes and performs the contract. It is a natural or legal person who purchases products or uses services for purposes other than business with such products or services. Buyer who is not a consumer - an entrepreneur who buys products or uses services in the course of his or her own business or as a self-employed person.
User - Any person who visits the website of www.deadcat.eu. When using these sites, the User may not interfere with the security of these sites, may not use these sites to transfer malicious files and attempt to penetrate publicly inaccessible sites of this site or otherwise endanger the safety of the site's operation. Master Sound s.r.o. reserves the right not to accept the User's order if:
a) The User has substantially violated these GTC, or legislation, or
b) The user has interrupted or attempted to disrupt the security of the Master Sound s.r.o. or security of their traffic, use them to transmit malicious files and penetrate publicly inaccessible sites, or
c) User communicating with Master Sound s.r.o. uses the identity of a foreign person or non - existing person or otherwise attempts to mislead the Seller; or
(d) which by its actions harms the reputation of Master Sound s.r.o.
III. Processing of personal data and their use
Access to www.deadcat.eu may be subject to the provision of some personal information by Users. In such a case, the Seller will handle such data in accordance with applicable law, in particular in accordance with Act No. 101/2000 Coll., On the Protection of Personal Data and in accordance with the terms of consent, if such processing is legally required. Personal data will not be shared with third-party applications. The Personal Data Manager is the Seller, that is, Master Sound s.r.o. with the registered office at Nové Hvězdlice 19, 683 41. The Seller may use the provided personal data beyond the processing necessary to execute the order, conclude and perform the contract only under the conditions set out below or on the condition that it acquires the User's voluntary consent, if such consent is required by law. The Purchaser acknowledges that the email address provided by it in connection with the purchase of a product or service may be used without the prior written consent of Master Sound s.r.o. pursuant to Act No. 480/2004 Coll., as amended, with the offer of a similar product or service. In the event that the addressee does not wish to receive further commercial communications, he may disagree with sending commercial communications by clicking on the appropriate place in the sales note or by sending an e-mail containing disagreement with the sending of business messages to email@example.com
Similarly, Seller may, without the consent of the data subject, process the name, surname, and address for the purpose of offering a trade and services, until the data subject has given written opposition to the Seller's address with such processing. Personal data will be retained for the purpose of processing necessary for order execution, conclusion and performance of the contract for the duration of the contractual relationship (includes the time from the time the order is ordered to the warranty period). In other cases, ie in the case of an e-mail address for the purpose of sending business communications and, in the case of a name, surname and address for the purpose of offering the trade and services up to the time of withdrawal of consent, or until the request for termination of processing of such data sending business messages). In cases where the Seller processes personal data on the basis of the consent of the data subjects, the data will be processed for the duration of the consent and if no such time is stated in the text of consent, for the time until the withdrawal of the consent or the request for termination of the data processing purpose.
The Seller hereby informs the Data Protection Entity, pursuant to Act No. 101/2000 Coll., On the Protection of Personal Data, ie in particular that the provision of personal data to the Seller is beyond the scope of processing necessary for order execution, conclusion and performance of the Contract, the data subject has the right to access them, he has the right to request the administrator in writing to terminate the processing and deletion of the personal data for which the data subject has given his / her consent, ie excluding the data necessary to fulfill the contractual relationship, to the Office for Personal Data Protection and to demand appropriate remedies, such as delaying such acts by the Seller, eliminating the state of affairs, providing an excuse, making repairs or replenishing, blocking, paying a refund, as well as using other rights arising under Sections 11 a 21 of the Act on the protection of personal data. If the data subject wishes to correct the personal data processed by the Seller, he may request it at the firstname.lastname@example.org email address or at the Seller's postal address mentioned above.
IV. SECURITY AND PROTECTION OF INFORMATION AND PERSONAL DATA
The operator of the e-shop as a data controller (hereinafter referred to as the "Administrator") hereby, in accordance with the provisions of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Regulation on the Protection of Personal Data hereinafter "the Regulation"), informs its customers (hereinafter referred to as the "Data Entity") that:
1. The Personal Data of the Data Entity to be handed over by the Administrator when the order is dispatched will be processed for the purpose of concluding the Purchase Agreement and its subsequent performance, including the settlement of any claims by the Data Entity for defective performance. The legal basis for the processing of the data subject's personal data is therefore the fulfillment of the purchase contract based on the Order of the Data Entity and at the same time also the fulfillment of the legal obligations of the Administrator under the legal regulations governing rights and obligations in the context of consumer protection and accounting.
2. The reason for the provision of personal data to the Data Entity of the Administrator is the identification of the parties necessary for the conclusion and performance of the purchase contract, which would not be possible without providing such data.
3. Personal data of the Data subject will be processed for as long as the Administrator is obliged to keep this data according to generally binding legal regulations, at least for 5 years according to the Act on Accounting or for 10 years according to the VAT Act.
4. When processing the data subject's personal data, automated decision making and profiling will not occur.
5. The administrator did not appoint a Data Protection Officer or designate a representative for the fulfillment of obligations within the meaning of the Regulation. The personal data of the Data Entity may be provided by the data subject's service provider for the proper execution of the order and also to the persons providing the legal and accounting services to the Administrators in order to ensure the proper fulfillment of the obligations stipulated by generally binding legal regulations. The Administrator does not intend to transfer the personal data of the Data Entity to a third country, an international organization or other than the above third parties.
6. The Data Entity has the right to require the Administrator to access, repair or erase his or her personal data, and to object to processing, have the right to transfer such data to another Administrator, as well as the right to file a complaint with the Office for the Protection of Personal Data of the data, if it considers that the Administrator is in breach of the Regulation in the processing of personal data.
V. Order of goods and conclusion of the contract
The condition of a valid electronic order is to fill in all the prescribed data and particulars listed in the order form. Before the Buyer finally confirms the order, he will have the right to check the entire order and check the entered data. If you are interested in changing an item, you can do so by using the Back button to return the Buyer to the previous steps. If the Buyer agrees to the form of the order, the [Order Place] button will send the order definitively for processing. This submission is binding.
The Seller shall notify the Buyer of the acceptance of the order by telephone or send to the Buyer's e-mail address specified in the order an e-mail accepting Buyer's order (hereinafter "Acceptance"). An automatically sent order notification is not considered to be a binding order acceptance.
The Seller reserves the right in certain cases (installment sales, etc.) to request from the Buyer before sending an e-mail with the acceptance of an order to deliver the relevant documents. Buyer will be notified of this in advance of the order. The Seller has the right to inspect the Buyer's identification data prior to submitting the subject matter of the order, in order to ensure the correct delivery of the ordered goods or service. By submitting an order, the Buyer accepts these terms and conditions. Of the Seller and the amount of the price for the ordered goods, including any shipping and handling costs valid at the time of the order making and sending. Once the Buyer has received the Seller's acceptance of the order (either by telephone or by e-mail), the Seller's offer for the ordered goods, including the price stated in the order, is binding until the time of delivery of the goods to the Buyer unless otherwise specified in any of these terms. The order is a draft purchase contract where the purchase contract itself is concluded by telephone or email acceptance of the order by the Seller to the Buyer. From now on, the Buyer and Seller have the mutual rights and obligations that are set forth in the Purchase Agreement and these Business Terms and Conditions, which form an integral part of the Purchase Agreement. In the case of personal collection of goods, it is agreed that the Seller will reserve the goods for the Buyer for 2 days. After the expiration of this period, the closed purchase agreement will expire and the two parties will no longer be bound by it. The Buyer will be notified by the Seller of the order (by phone or email). The cost of using electronic means is governed by a contract between the Buyer and his Internet service provider, or his electronic communications service provider. The Seller is always entitled to ask the Buyer to authorize (further confirmation) orders in an appropriate manner, such as in writing or by telephone, depending on the nature of the order - quantity of the goods, price, shipping costs, distance, etc. The order is considered invalid and the contract will cease to apply if the Buyer does not authorize this (further confirmation) in the required manner. In addition, the Buyer will be notified of this fact by accepting an order (by phone or email) to the Seller.
The Seller reserves the right not to accept the Buyer's order (by phone or email) in the event of a manifest error of price, description or product image in the product catalog given on the Seller's website or in the case of obviously misleading information by telephone at any stage of order processing. The Seller also reserves the right not to accept the Buyer's order in the event of a manifest error in the price, description or product image of the Product Catalog at any stage of order processing. The buyer will be informed by telephone or e-mail (which the buyer stated when filling in the electronic order form or when ordering the goods by phone) for the non-acceptance of the order due to a manifest error. The error in the written or oral submission of information does not bind the Seller when it is obvious to the normal consumer due to the contents of the Seller's General Terms and Conditions and in the context of other information provided by the Seller. The Seller does not bind the information on the price of the product, the product parameter and the extent of product liability and the extent of liability for product defects, which is manifestly improperly communicated by telephone, when the misstatement must have been the usual buyer, ie every rightful person with the average person's mind and the ability to use it with routine care and caution due to the content of the seller's general business terms and in the context of other information provided by the Seller.
The contract is concluded in the Czech language. The closed purchase agreement is stored by the Seller for the purpose of successful completion in electronic form for a period of 5 years and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract can be seen from these business conditions, where the process is clearly described.
The Buyer agrees that when the goods are paid by means of a payment card or a prepaid payment by bank transfer in advance, the Seller, the dispatcher or the transporter authorized to deliver the goods shall be entitled to verify the identity of the person taking the goods with a personal document, ie a ID card or passport a personal identification number or other identification identifying the person who took over the goods in order to prevent fraudulent misuse of stolen payment cards and to protect the rights of the rightholder of the payment card. To record the personal data in the manner described in the previous sentence and to keep it for six months from the date of receipt of the goods, the Buyer expressly gives his consent to the Seller, that is to say, to Master Sound s.r.o., as an administrator. At the same time, the Buyer acknowledges that he has the rights under the law. No. 101/2000 Coll., ie in particular that the provision of the data is voluntary, that its consent may at any time, free of charge at the address of the administrator, revoke its right to access to personal data and the right to correct such data, block incorrect data, other rights. In the event of any doubt as to compliance with the rights, Buyer has the right to contact the administrator or directly with the Personal Data Protection Authority.
VI. Price and payment
Prices listed on the website www.deadcat.eu are quoted as final, including VAT. The shipping costs (information on the price terms for the transport of goods is stated in Article VII - Conditions of Delivery of Goods), the amount of which may vary according to the particular order (depending on the price, weight of the order and the mode of the selected transport) are subsequently added to the order form. The final calculated price after filling in the order form is already included, including the transport. The price at the conclusion of the contract between the Seller and the Buyer is the price stated for the goods at the time of ordering the goods by the Buyer. This price will be stated in the order and in the email confirming acceptance of the order.
A pre-paid purchase price (discount) in the case of a set of products sold at a discounted price is conditional on the joint purchase of all products within the action set specified by the Seller. Cancellation of the purchase contract for one of these products will invalidate Buyer's entitlement to the discounted purchase price of other products sold under the action set.
The invoice issued on the basis of a sales contract between the Seller and the Buyer serves as both a tax document and a delivery note. The buyer may take over the goods or service only after they have been fully paid unless otherwise agreed. In the event that the Buyer makes a payment and the Seller is subsequently unable to secure the delivery of the goods, the Seller shall immediately return the Buyer's performance under item IX. applicable General Business Terms.
VII. Delivery time
The delivery period begins to run only after the full purchase price has been paid, ie from crediting the relevant amount to the Seller's account. The specific delivery dates are set out in the catalog of goods for each product and only the working days are counted in the given dates. In the event that the ordered goods can not be delivered within the specified time, the Seller of the Buyer shall immediately inform the Purchaser thereof, together with information on the replacement date of the ordered goods, and in the event that such goods are no longer available, the Seller may offer a different product comparable to original. If the Buyer does not agree with the change or if the Seller can not offer a comparable refund for the ordered goods, the Buyer and the Seller have the right to withdraw from the contract. In the event of withdrawal, the Contracting Parties shall return everything they have done before the withdrawal.
Product status "stock" means that the goods are on our or one of our external warehouses in the Czech Republic. The goods so marked are usually exported on the 2nd or 3rd day after the order is confirmed.
VIII. Terms of delivery of goods
Delivery of goods Czech Post
Seller charges the following types of charges in relation to the delivery of goods to the customer:
1. ČP - for orders up to 14, - EUR and equivalent in other currencies, the price is -89,50 CZK. equivalent in other currencies.
2. CP - for orders over 14, - EUR and equivalent in other currencies, delivery is free of charge.
An overview of possible ways of reimbursing goods.
- Payment through PayPal - 0, -CZK
The buyer who is not a consumer is obliged to properly take delivery of the undamaged consignment with the goods from the carrier, to check the integrity of the packages, the number of packages and, in case of any defects, to notify the carrier without delay. If the consignment shows obvious damage or other tampering indicating unauthorized tampering, the buyer is required to reject the shipment. If he fails to do so, he is not entitled to object to damage to the product during transportation and it is assumed that the shipment was delivered to the Purchaser undamaged. By signing a delivery note, the Buyer confirms that the shipment fulfills all the conditions and requirements of the above and will be disregarded in the later claim of the package's packaging defect. The invoice also serves as a tax document and is enclosed in the marked package.
Buyer who is a consumer is obliged to duly take delivery of the undamaged consignment with the goods from the carrier. However, if the consignment sent by means of the carrier (including consignments sent through Czech Post) appears to be obvious damage, the Buyer is obliged to reject the consignment and return it to the carrier. If he fails to do so, he is not entitled to object to damage to the product during transportation and it is assumed that the shipment was delivered to the Purchaser undamaged. Buyers who order goods that will be properly delivered to them and do not pay or take over the goods will be required to pay the costs of shipping the goods and the handling fee (the so-called contractual penalty) of up to CZK 200.
The Buyer is obliged to claim damage to the goods during transportation which was not apparent before opening the consignment within 3 days from receipt of the goods in order to allow the Seller to immediately claim the rights of the defective goods transport to the carrier. If the Buyer does not understand the damage of the goods within 3 days of the opening of the consignment (no later than 15 days after receipt of the consignment), the goods are deemed to have been undamaged upon takeover by the Buyer.
When purchasing an eShop order with a selected personal pickup and payment when picking up the goods, the order is valid for 48 hours, after which it will automatically be canceled.
IX. Buyer's rights from defective performance and service
The buyer is entitled to claim the right to a defect that occurs with consumer goods within 24 months of the receipt of the item by the Buyer. For products that are stated to be remanufactured, the buyer is entitled to claim the right to a defect that occurs on consumer goods within 12 months of the takeover of the item by the Buyer. In the case of a catalog, on the web site www.master-sound.cz, in the warranty accompanying the product, on the items sold, on its packaging, in the instructions attached to the case or in the advertisement, there is indicated the period during which the item use (warranty period), the Seller is responsible for the fact that after the warranty period the item will be eligible for use for the usual purpose or that it retains the usual features. The warranty period thus provided commences from the date of receipt of the goods by the Buyer.
Seller is liable to the Buyer that the item does not have defects upon takeover. In particular, the Seller agrees with the Buyer that at the time the buyer took over the item, the property has properties that the parties have negotiated and, in the absence of an arrangement, such properties as the Seller or the Manufacturer has described or which the Buyer expects with regard to the nature of the goods and advertising the matter is suitable for the purpose which the Seller indicates or to which the thing of its kind is normally used, the item is in conformity with the quality or the execution of the agreed sample or original if the quality or the designation is determined according to the agreed sample or original, the matter is in an appropriate quantity, degree or weight, and the case complies with legal requirements.
If a defect occurs within six months of the takeover, the matter is deemed to have been defective at the time of its takeover.
If the thing does not have the properties specified above, the Buyer may also require the delivery of a new item without defects unless it is unreasonable due to the nature of the defect, but if the defect only affects the part of the thing, Buyer may only require replacement of the part; if this is not possible, it can withdraw from the contract. If, however, due to the nature of the defect, it is disproportionate, in particular if the defect can be remedied without undue delay, the Buyer has the right to free the defect.
The right to deliver a new item or to replace the part is provided by the Buyer even in the case of a defect that can be remedied if the item can not be properly used for recurring defects after repair or for more defects. In such a 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 a new item without defects, to replace its part or to repair the item, it may request a reasonable discount. Buyer has the right to a reasonable discount even if the Seller can not deliver a new thing without defects, replace its part or repair it, as well as if the seller fails to remedy the remedy within a reasonable time or that the remedy for the Buyer would cause serious difficulties.
The seller is responsible for defects that occur on the items within 24 months of its receipt by the buyer. In the case of a catalog, on the web site www.master-sound.cz, in the warranty accompanying the product, on the items sold, on its packaging, in the instructions attached to the case or in the advertisement, there is indicated the period during which the item use (warranty period), the Seller is responsible for the fact that after the warranty period the item will be eligible for use for the usual purpose or that it retains the usual features. The warranty period thus provided commences from the date of receipt of the goods by the Buyer.
Rights to defective performance of the Buyer are not the same if the Buyer knew, prior to taking over the item, that the item had a defect or if the Buyer caused the defect himself, in particular in the following ways:
the product has been installed or used in contravention of the operating instructions or the operating instructions, or if a defect or damage has been proven by improper use (eg incorrect power supply, incorrect power supply, overload),
the product is mechanically damaged (eg in case of unauthorized interference with the product),
the defect was caused by unprofessional or abusive treatment or by the fact that the product was used for purposes other than the usual or the intended purpose of the manufacturer,
In addition, Seller's liability in the above scope does not apply to:
for a product sold at a lower price for a defect for which the lower price was agreed,
if the defect of the Buyer is the nature of the wear and tear caused by the normal use of the product,
if it results from the nature of the product.
Liability for defects also does not apply to damage caused by the buyer's inattention, natural disaster or other external influences such as lightning strikes or other atmospheric discharges, fire or water, or by other non-standard phenomena such as overvoltage in the distribution or telephone network, by the Seller.
In the event of a defect for which the Seller is responsible, the Buyer has the right to claim a complaint at the headquarters of the company with the relevant claimant for the whole opening hours as well as any authorized service repairs of the respective product listed in the warranty card and at www.deadcat .eu, or via the Seller's Customer Line on the phone 777 629 661, where he will also agree on the method of handing over the product to the complaint procedure and where the Buyer will advise how to proceed. However, if in a confirmation issued by the Seller about the liability for defects, or in the warranty card, another person to be repaired, which is at the Seller's place or in the place for the Buyer closer to him, the Buyer may use the right to repair in the interest of faster handling the person who is responsible for the repair. The person to be repaired will make a correction within a period agreed between the Seller and the Buyer.
The seller is required to provide the consumer with a written confirmation of the consumer's right to apply, the content of the complaint and the manner in which the consumer claims the complaint; and confirmation of the date and manner of handling of the claim, including the confirmation of the repair and the duration of its duration, or a written justification for the refusal of the complaint.
The seller decides on the eligibility of the complaint immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days after the date of claim, unless the Seller agrees to a longer period of time with the consumer. The expiry of this period is considered as a material breach of contract.
Recognition can only be accepted if the following facts are proven:
that it is a defect for which the Seller is liable for defective performance applied within 24 months of receipt of the product or the warranty period granted during the contract; this fact Buyer will generally prove a receipt or a duly warranted warranty card with an indication of the date of sale, with the stamp of the shop and the signature of the vendor if the product has been provided with a warranty. Warranty card The buyer always submits a claim for the product, which has been prolonged by the manufacturer. In the case of a contractual guarantee provided by the Buyer, the Buyer submits a warranty agreement.
that the Buyer has purchased the product from the Seller and at what price; this fact the buyer will generally prove a valid sales receipt indicating the date of purchase of the product proving the purchase of the claimed goods to the Seller;
that the product is defective; for this purpose, the Buyer submits a defective product in the shop or defects to the service technician.
If any of the terms and conditions set out hereunder by the Buyer are duly fulfilled, the claim can not be accepted as justified.
The Seller informs the Buyer about the settlement of the claim and about the time to collect the goods. If the Buyer does not receive information about the settlement of the claim for any reason on the part of the Seller or the Buyer within 30 days, Buyer is required to collect the goods immediately after the 30-day period in which the claim was to be settled at the latest.
If the Buyer fails to collect the goods even after the expiration of 8 months from the date of settlement of the claim, the Seller is entitled to sell the product to a third party in an appropriate manner at a reasonable price, within the meaning of Section 2428 of the Civil Code, on behalf of the Buyer; the proceeds shall be issued by the Buyer without undue delay, but may deduct the cost and expense of the sale.
The Seller offers the Buyer a free rental TV for the duration of the claim of their own. The Rental TV shall be delivered by the Seller to the Purchaser at his own expense. The rental TV may not be the same type as the one claimed.
The above provisions will also apply, depending on the nature of the service, also to the complaint of defects to the purchaser of the purchased services, unless otherwise provided by applicable law or the relevant terms of these services.
The seller does not assume responsibility for the data left on the carriers during the service intervention.
X. Return of goods - withdrawal from the contract
1. Right to withdraw from the contract
Buyer who is a consumer and has concluded a contract with the Seller through the eshop www.deadcat.eu has the right to withdraw from the contract without giving any reason within 14 days of:
the date of conclusion of the contract (for service contracts, this does not apply in the case of a service contract (product installation service to the Buyer or any paid service provided by Seller) if they have been fulfilled with his prior express consent before the expiration of the withdrawal period; hereby acknowledges the Seller's notice that in such a case the Buyer has no right of withdrawal), or
the date on which the Buyer or a third party (other than the carrier) designated by it will take over the goods (in the case of a one-off purchase contract); or
the date of takeover of the last part of the delivery of the goods (in the case of a contract of sale covering several types of goods ordered by the consumer in a single order and delivered separately); or
the date of receipt of the last part of the delivery of the goods (in the case of a contract of sale, the subject of which is goods consisting of several items or parts);
the date of receipt of the first supply of goods (in the case of a contract for the regular delivery of goods for a specified period).
The Seller hereby notifies that this right does not serve as a way of resolving the delivery of defective goods.
For the purpose of exercising the right to withdraw from the contract, you must notify your withdrawal of this Agreement by submitting a notice of withdrawal in the above 14-day Seller's term, Master Sound s.r.o. with registered office at Nové Hvězdlice 19, 683 41, identification number: 28310799, by means of a unique statement (eg letter sent by post, fax or e-mail), namely:
by e-mail to email@example.com
mail to Master Sound s.r.o. with registered office at Nové Hvězdlice 19, 683 41
In order to comply with the withdrawal period, it is sufficient to send a notice on the exercise of the right of withdrawal before the expiry of the relevant period.
In order to improve our services, we would like to ask you to state the reason for the refund. However, this information is not mandatory (the law does not require it), it has no effect on the validity of your resignation and serves only to improve our services! Thank you.
2. Consequences of withdrawal
If you withdraw from a contract with the Seller, we will return you without undue delay, not later than 14 days after we were informed of your decision to withdraw from the agreement, all payments we received from you, including the cost of delivering the goods to you costs incurred as a result of the delivery method you choose, which is different from the cheapest standard delivery method offered by the Seller).
In case of payment of the order by the Buyer for cash on delivery, the payment will be returned to Seller upon Buyer's request, either by sending the money to the address or by transferring it to the Buyer's account (upon withdrawal the Buyer shall indicate how he / she is requesting a refund of the purchase price). In the case of other forms of payment, the Buyer will be returned to the Buyer in the same manner as the Purchaser has received. In case of installment payment, the Buyer will be contacted by the repayment company to terminate the credit agreement. We may wait for you to return the payment until we receive the returned goods or proof that you have sent the goods back, whichever comes first.
(a) Return of goods
Goods without undue delay, no later than 14 days after you notify us that you are withdrawing from this Agreement, please return to Master Sound s.r.o. with registered office at Nové Hvězdlice 19, 683 41, or transfer them to the registered office of the company. The deadline is deemed to have been met if you send us the goods back before 14 days have elapsed. You do not send the goods by cash on delivery, in which case the Seller may not be taken over, or your costs incurred against you.
If you make use of the right of withdrawal without giving any reason, please return the goods as far as possible in their original packaging and accessories, so that no damage is caused to you. When sending the goods back to the seller, the Seller recommends that the goods be packed so that they are protected against damage and damage during transportation. Once Seller has received the returned goods, it is required to review it and check it without delay, but no later than within 14 days. If the goods are returned correctly, the Seller shall immediately inform the Purchaser, within 14 days of the return of the goods, that the goods have been returned in order and return to the Buyer the purchase price paid for the goods and the costs associated with the delivery of the goods purchased through the e-shop to the Buyer , packing, etc., in addition to the additional costs incurred as a result of the delivery method you choose, which is different from the cheapest standard delivery method offered by the Seller), the same means of payment that the Buyer used to perform the initial transaction. In case of payment of the order by the Buyer for cash on delivery, the payment will be refunded to the Buyer upon request by the Buyer, either by sending the money to the address or transfer to the Buyer's account.
b) Costs associated with taking over the goods
Buyer will bear his direct costs associated with returning the goods back to the Seller.
c) Liability for the value of the returned goods
The Buyer is liable to Seller only for any impairment of the value of the Goods as a result of the handling of such goods in a manner other than that necessary to understand the nature, characteristics, and functionality of the Goods.
In the event of a reduction in value of the goods to a greater extent than the one mentioned in the preceding sentence, the Seller is entitled to claim compensation for the value of the returned goods against the Buyer, especially if such a reduction occurs through damage to the delivered goods or failure to deliver the goods in their complete state.
The seller reserves the right to offset this compensation for the value of the returned goods to the returned purchase price, but the amount of such compensation is required to prove.
In the event of withdrawal from the purchase agreement of the product purchased by Buyer as part of the offer of the product suite of products at a discounted price, the customer is entitled to a refund of the price of the product to which the withdrawal applies, less the full price difference between the two products and the price paid for the product set.
The consumer can not withdraw from the contract (according to the provisions of § 1837 ObčZ):
the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer, before concluding the contract, that he has no right to withdraw from the contract in such a case,
the supply of goods or services the price of which depends on financial market disparities, irrespective of the will of the trader and which may occur during the withdrawal period,
on the supply of goods which has been adjusted according to the wishes of the consumer or for his person,
repair or maintenance carried out at a place designated by the consumer at his request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
the supply of goods in closed packaging which the consumer has removed from the packaging and for hygienic reasons it can not be returned (eg headphones)
to deliver an audio or video recording or a computer program if it has broken its original packaging,
concluded on the basis of a public auction under the law governing a public auction, or
on the supply of digital content unless it has been delivered on a physical medium and has been supplied with the consumer's prior express consent before the expiry of the withdrawal period and the trader has informed the consumer, before concluding the contract, that he has no right to withdraw from the contract in such a case. The Seller hereby informs the Buyer that, in the case of a digital content delivery contract, unless it is supplied on a physical medium, the consumer can not withdraw from such a contract.
X. Settlement of disputes
Out-of-court settlement of consumer disputes
Dear consumers, if you think we have damaged or failed to fulfill our obligations, please write to our email address firstname.lastname@example.org
If we can not resolve the dispute directly, pursuant to Act No. 378/2015, amending Act No. 634/1992 Coll. On Consumer Protection, you also have the right to out-of-court settlement of consumer disputes.
The ADR of out-of-court settlement of consumer disputes between the trader and the consumer is the Czech Trade Inspection or another body authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html.
In the case of the Czech Trade Inspection Authority, the consumer has the possibility to submit a proposal through an on-line form, available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/en.
The consumer may submit a proposal to the Czech Trade Inspection Authority or authorized body within one year from the day on which he exercises his / her right, which is the subject of the dispute, at the seller for the first time.
The consumer can also make a proposal through the EU Consumer Dispute Resolution Platform, available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. The proposal can only be made by a consumer living in the EU to a trader based in the EU.
If the parties to the dispute are dissatisfied with the quality of out-of-court settlement of consumer disputes, and believe that there has been a violation of the Rules for out-of-court settlement of consumer disputes during the proceedings, they may file a complaint with the Ministry of Industry and Trade or at email@example.com.
In the case of cross-border disputes, the European Consumer Center helps the consumer access to the competent body for out-of-court settlement of consumer disputes.
Costs associated with out-of-court settlement of consumer disputes are borne by the parties themselves.
If the consumer as a Buyer believes that his rights have been breached, he may address his complaint to the Seller via the firstname.lastname@example.org e-mail address for the out-of-court settlement of the matter. The consumer is also entitled to contact the Czech Trade Inspectorate, based in Prague 2, Štěpánská 15, post code 120 00 or any of its regional inspectorates.
The seller, Master Sound s.r.o. www.deadcat.eu with its registered office at Nové Hvězdlice 19, 683 41, as the operator of the Internet shop, complies with Act. No 121/2000 Coll., Copyright Act, is entitled to exercise the copyrights of such websites.
These Terms and Conditions are displayed on the website of the www.deadcat.eu web site and are thus enabled to be archived and reproduced by Buyers. Business Terms and Conditions apply to the extent and wording that is stated on the Seller's website on the day of the electronic order submission. By sending an electronic order, the Buyer confirms to the Seller that he has become familiar with these terms and conditions and agrees with them. For these terms and conditions Buyer is notified and has the opportunity to acquaint himself with the order before making the order.