Business Condition

TERMS AND CONDITIONS

company

David Horáček

with its registered office at Dejvická 324/19,160 00 Prague 6

Identification number: 74877577

registered in the Trade Register maintained by

for the sale of goods through an online shop located at https://www.phono.cz/

1. OVERVIEW
2. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of David Horáček, with its registered office at Dejvická 324/19, 160 00 Prague 6, identification number: 74877577, registered in the Trade Register (hereinafter referred to as the "Seller") govern in accordance with the provisions of Section 1751 par. 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 Shop is operated by the Seller on the website located at the internet address https://www.phono.cz/ (hereinafter referred to as the "Website") through the website interface (hereinafter referred to as the "Website Interface of the Store").
3. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of his business activity or in the course of his independent profession.
4. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
5. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
6. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
7. USER ACCOUNT
8. Based on the buyer's registration done on the website, the buyer can access its user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "User Account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.
9. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any changes. The data provided by the Buyer in the user account and when ordering the goods are considered correct by the Seller.
10. 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.
11. The Buyer is not entitled to allow third parties to use the user account.
12. The Seller may cancel the user account, especially if the buyer does not use his user account for more than 365 days, or if the buyer breaches his obligations under the purchase contract (including the terms and conditions).
13. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software equipment of third parties.
14. CONCLUSION OF THE PURCHASE CONTRACT
15. All presentation of goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 par. 2 of the Civil Code does not apply.
16. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods if these goods cannot be returned by the usual postal route. Prices of goods include value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. The prices of goods are adjusted to the buyer based on automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
17. The store's web interface also contains information about the costs associated with packaging and delivery of goods, and about the method and time of delivery of goods. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic. If the seller offers free transport of the goods, the buyer must pay the minimum total purchase price of the transported goods in the amount specified in the web interface of the shop as a prerequisite for the right to free transport of the goods. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods, for which the buyer has not withdrawn from the contract, does not reach the minimum amount necessary for the right to free transport of goods according to the previous sentence, the buyer's right to free transport of goods expires and the buyer is obliged to pay for the transport of the goods to the seller.
18. To order goods, the buyer fills out the order form in the store's web interface. In particular, the order form contains information on:
19. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),
20. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and
21. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Purchase Order").
22. Before sending the order to the Seller, the Buyer is allowed to check and change the input data that the Buyer has entered into the order, also with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Order" button. The information provided in the order is considered correct by the seller. Immediately upon receipt of the Order, the Seller shall confirm the receipt to the Buyer 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").
23. Depending on the nature of the order (quantity of goods, amount of purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for an additional confirmation of the order (e.g. in writing or by phone).
24. The contractual relationship between the Seller and the Buyer is established by 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.
25. The buyer agrees to the use of distance communication means 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, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
26. PRICE OF GOODS AND PAYMENT TERMS
27. The buyer may 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:

0 in cash at the seller's premises at Opatovická 156/24, 11000 Prague 1;

0 cash on delivery at the place specified by the buyer in the order;

0 by wire transfer to the seller's account no.     held with the Company (hereinafter referred to as the "Seller's Account");

0 cashless payment via the Gopay payment system;

0 by credit card;

0 in cash or by credit card in case of personal collection at the parcel dispensary;

0 through a loan granted by a third party.

4. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
5. The seller does not require a deposit or other similar payment from the buyer. 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 the goods in advance.
6. In the case of payment in cash, cash on delivery or at a parcel delivery point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 1 day of the conclusion of the purchase contract.
7. 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 buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
8. The Seller is entitled, especially if the Buyer does not confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of § 2119 par. 1 of the Civil Code does not apply.
9. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
10. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document – the invoice is issued by the seller to the buyer after the payment of the price of the goods and sent in electronic form to the buyer's electronic address.
11. WITHDRAWAL FROM THE PURCHASE CONTRACT
12. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of:
13. goods manufactured according to the buyer's requirements or adapted to his personal needs,
14. perishable goods or goods with a short shelf life, as well as goods which, by virtue of their nature, have been irretrievably mixed with other goods after delivery;
15. goods in sealed packaging that are not suitable for health or hygiene reasons to return after the buyer has broken them, and
16. an audio or video recording or computer program in a sealed package, if the buyer has broken it.
17. Unless it is a case specified in Article 5.1 of the Terms and Conditions 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 the provisions of Section 1829 par. 1 and par. 2 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days from the date on which the buyer or a third party other than the carrier designated by the buyer transports the goods, or:
18. the last piece of goods, if the buyer orders several pieces of goods in one order that are delivered separately,
19. the last item or part of a delivery of goods consisting of several items or parts, or
20. the first delivery of goods, if the contract stipulates a regular supply of goods for an agreed period of time.
21. Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 5.2 of the Terms and Conditions. To withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the terms and conditions. The Buyer may send the withdrawal from the purchase contract to, among other things, the address of the Seller's business or to the Seller's e-mail address info@pohono.cz.
22. In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the beginning. The Buyer shall send or return the goods to the Seller without undue delay, no later than fourteen (14) days after the withdrawal from the contract, unless the Seller has offered to pick up the Goods himself. The deadline according to the previous sentence is observed if the buyer sends the goods before its expiry. 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 the usual postal route due to their nature.
23. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the purchase contract by the Buyer, in the same manner as the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned to the buyer or in another way, if the buyer agrees with it and the buyer does not incur any additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the seller receives the goods.
24. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
25. In cases where the buyer has the right to do so in accordance with the provisions of Section 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by wire transfer to the account designated by the buyer.
26. If a gift is provided to the buyer together with the goods, the donation agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the donation agreement regarding such a gift ceases to be effective and the buyer is obliged to return the gift to the seller together with the goods.
27. TRANSPORT AND DELIVERY OF GOODS
28. In the event that the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
29. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
30. In the event that the goods need to be delivered repeatedly or in a different way than specified in the order due to reasons on the buyer's side, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
31. 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, to immediately notify the carrier. If a breach of the packaging is found indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This is without prejudice to the buyer's rights arising from liability for defective goods and other rights of the buyer arising from generally binding legal regulations.
32. Additional rights and obligations of the parties in the carriage of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
33. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
34. The rights and obligations of the contracting parties regarding the rights arising 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 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
35. If the subject of the purchase is a tangible movable property that is linked to digital content or a digital content service in such a way that it would not be able to perform its functions without it (hereinafter referred to as a "thing with digital properties"), the provisions on the seller's liability also apply to the provision of digital content or a digital content service, even if it is provided by a third party. This does not apply if it is clear from the content of the purchase contract and from the nature of the matter that they are provided separately.
36. The seller is responsible to the buyer that the item is free of defects upon receipt. In particular, the seller is liable to the buyer that the thing:
37. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
38. it is suitable for the purpose for which the buyer requests it and to which the seller has consented, and
39. It comes with agreed accessories and instructions for use, including assembly or installation instructions.
40. The seller is responsible to the buyer that, in addition to the agreed properties:
41. the item is suitable for the purpose for which the item of this type is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the sector, in the absence of technical standards;
42. the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of items of the same type which the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labelling, unless the seller proves that he was not aware of it or that it was modified at least in a comparable manner at the time of the conclusion of the purchase contract, what was done or that it could not have influenced the purchase decision;
43. the item is supplied with accessories, including packaging, assembly instructions and other instructions for use, which the purchaser may reasonably expect, and
44. The item corresponds in quality or design to the sample or template provided by the seller to the buyer before the conclusion of the purchase contract.
45. The provisions of Article 7.4 of the Terms and Conditions shall not apply if the seller has specifically warned the buyer before concluding the purchase contract that some feature of the item differs and the buyer has expressly agreed to it when concluding the purchase contract.
46. The seller is also liable to the buyer for any defect caused by improper assembly or installation carried out by the seller or under the seller's responsibility under the purchase contract. This also applies if the assembly or installation was carried out by the purchaser and the defect occurred as a result of a deficiency in the instructions provided by the seller or provider of the digital content or digital content service, if the item has digital properties.
47. If the defect becomes apparent within one year of receipt, the item is deemed to have been defective at the time of receipt, unless the nature of the item or defect precludes it. This period does not run for the period during which the buyer cannot use the item, if the defect is justified.
48. If the subject of the purchase is an item with digital properties, the seller will ensure that the buyer is provided with the agreed updates of the digital content or digital content services. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with the updates that are necessary to ensure that the Item retains the properties set out in Art. 7.3 and Art. 7.4 of the Terms and Conditions upon receipt and that the Buyer will be notified of their availability
49. for a period of two years, if the purchase contract requires the provision of digital content or a digital content service on a continuous basis for a certain period of time, and if the provision is agreed for a period of more than two years, for the entire period;
50. for as long as the buyer can reasonably expect to do so if the digital content or digital content service is to be provided on a one-off basis under the sales contract; This will be assessed on the basis of the type and purpose of the case, the nature of the digital content or the digital content service, and taking into account the circumstances at the time of the conclusion of the sales contract and the nature of the obligation.

7. The provisions of Art. 7.8 of the Terms and Conditions do not apply if the Seller has specifically notified the Buyer prior to the conclusion of the Purchase Agreement that updates will not be provided and the Buyer expressly consented to this when concluding the Purchase Agreement.
8. If the buyer has not updated within a reasonable time, he or she has no rights arising from a defect that arose solely as a result of the failure to update. This does not apply if the buyer has not been notified of the update or the consequences of not performing it, or has not performed the update or performed it incorrectly due to a deficiency in the manual. If, according to the purchase contract, the digital content or digital content service is to be provided continuously for a certain period of time and if the defect becomes apparent or occurs within the period specified in Art. 7.8.1 and Art. 7.8.2 of the Terms and Conditions, the digital content or digital content service shall be deemed to have been provided incorrectly.
9. The buyer can complain about a defect that becomes apparent on the item within two years of receipt. If the subject of the purchase is an item with digital properties and if the digital content or digital content service is to be provided continuously for a certain period of time according to the purchase contract, the buyer may complain about a defect that appears or becomes apparent in it within two years of receipt. If it is to be performed for a period longer than two years, the buyer has the right to claim a defect that occurs or becomes apparent during this period. If the buyer has rightly criticized the seller for the defect, the period for claiming the defect of the item does not run for the period during which the buyer cannot use the item.
10. If the item has a defect, the buyer can demand that it be removed. At its option, it may require the delivery of a new item without defect or the repair of the item, unless the chosen method of remedying the defect is impossible or prohibitively expensive compared to the other; This is assessed, in particular, with regard to the significance of the defect, the value that the item would have had without the defect and whether, in the second way, the defect can be remedied without significant inconvenience to the purchaser. The seller may refuse to remedy the defect if this is impossible or prohibitively expensive, especially with regard to the significance of the defect and the value that the item would have had without the defect.
11. The seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer bought the item. To remedy the defect, the seller will take possession of the item at his own expense. If it is required to dismantle an item that was assembled in accordance with the nature and purpose of the item before the defect became apparent, the seller shall dismantle the defective item and install the repaired or new item or pay the costs associated with it.
12. The buyer may request a reasonable discount or withdraw from the purchase contract if:
13. the Seller refused to remedy the defect or did not remedy it in accordance with Article 7.13 of the Terms and Conditions,
14. the defect manifests itself repeatedly,
15. the defect is a material breach of the purchase contract, or
16. it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
17. If the defect is insignificant, the Buyer cannot withdraw from the purchase contract (within the meaning of Art. 7.14 of the Terms and Conditions); It is considered that the defect of the case is not insignificant. If the buyer withdraws from the purchase contract, the seller shall refund the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that he has sent the item.
18. The defect can be blamed on the seller from whom the item was purchased. However, if another person is designated for the repair, who is at the seller's place or at a place closer to the buyer, the buyer shall reproach the defect to the person who is designated to carry out the repair.
19. With the exception of cases where another person is appointed to carry out the repair, the seller is obliged to accept the complaint at any establishment where the complaint can be received with regard to the range of products sold or services provided, or at its registered office. The seller is obliged to provide the buyer with a written confirmation when filing a complaint, in which he shall state the date on which the buyer made the complaint, what is its content, what method of handling the complaint the buyer requires and the buyer's contact details for the purpose of providing information about the settlement of the complaint. This obligation also applies to other persons designated to carry out the repair.
20. The complaint, including the removal of the defect, must be settled and the buyer must be informed of this no later than thirty (30) days from the date of the complaint, unless the seller and the buyer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or the digital content service and the purpose for which the buyer requested it.
21. After the expiry of the period pursuant to Article 7.18 of the Terms and Conditions, the Buyer may withdraw from the purchase contract or request a reasonable discount.
22. The seller is obliged to provide the buyer with a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
23. Specifically, the buyer can exercise the rights arising from liability for defective goods in person at the address Opatovická 156/24, 11000 Prague 1, by e-mail at the address info@phono.cz.
24. Whoever has the right to defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be complained of, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
25. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
26. The seller or another person may provide the buyer with a quality guarantee beyond the scope of his legal rights from defective performance.
27. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
28. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
29. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1) of the Civil Code. 1 lit. n) of the Civil Code.
30. Consumer complaints are handled by the seller via e-mail. Complaints can be sent to the seller's e-mail address. The seller will send information about the settlement of the buyer's complaint to the buyer's electronic address. There are no other rules for handling complaints by the seller.
31. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent to settle consumer disputes arising from a purchase contract out of court. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
32. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Czech Republic, Czech Republic http://www.evropskyspotrebitel.cz, Czech Republic
33. The buyer can turn to a supervisory or state supervisory authority with a complaint. The seller is entitled to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant Trade Licensing Office within its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. To a defined extent, the Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
34. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(1) of the Civil Code. 2 of the Civil Code.
35. PROTECTION OF PERSONAL DATA
36. Its obligation 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 natural persons 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") related to the processing of the buyer's personal data for the purpose of performing a purchase contract, For the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public law obligations, the seller performs by means of a special document.
37. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
38. The buyer agrees within the meaning of § 7 para. 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, with the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a special document.
39. The seller fulfils its legal obligations related to the possible storage of cookies on the buyer's device by means of a special document.
40. DELIVERY
41. It can be delivered to the buyer's e-mail address.
42. FINAL PROVISIONS
43. 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. The choice of law referred to in the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded to him by the provisions of the legal system from which there is no contractual derogation and which, in the absence of a choice of law, would otherwise apply under the provisions of Article 6(1) of the GDPR. 1 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).
44. If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid, the invalid provision shall be replaced by a provision the meaning of which 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.
45. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
46. An annex to the Terms and Conditions is a model form for withdrawal from the purchase contract.
47. Contact details of the seller: address of the establishment Phono.cz Opatovická 156/24 11000 Prague, e-mail address info@phono.cz, telephone +420 222521448. The Seller does not provide any other means of on-line communication.

In Prague on 6.1.2023