General trade terms
I can introduce myselfI can introduce myself
Your partner selling the goods via on-line shop placed on our e-mail address https://www.musicagioia.cz/ is Mgr. Eva Doušová, Ph.D., CRN: 00712728, main office Pertoldova 3327/23, Praha 12 – Modřany, whose musical publishing house is called „Musica Gioia“ (from now on also „Seller“).
Our trade terms
These trade terms (from now on also „Trade terms“) Seller adjusts, in agreement with the regulation § 1751 par.1 and the following law number 89/2012 (from now on also „Civil code“), mutual rights and duties of contracting parties occuring on behalf of a sale contract (from now on also „Sale contract“) made between Seller and another natural person (from now on also „Purchaser“) through the Internet shop of the Seller. The Internet shop (e-shop) is operated by the Seller on the website https://www.musicagioia.cz/ (from now on also „Website“), namely via the interface of the website (from now on also „Web interface of the shop“).
These trade terms do not include cases, when a person intending to purchase through the shop of Seller is a legal person or a person, who acts, when ordering the goods, within their business activity or in an analogous way. Limitations coming out of this agreement do not concern schools and libraries.
Information about the offered goods
Web interface of the shop contains the information about the goods, including prices of particular items. The prices include VAT and all related fees. The prices are in effect for as long as they are stated in Web interface of the shop. This information is firm, except for an obvious mistake. This statement means no limit for Seller to make a contract under individually set conditions.
Web interface of the shop includes also the information about costs connected with packing and posting the goods. This information concerns only the goods posted in the Czech Republic.
How the contract is made
For ordering the goods Purchaser fills in the form for the order on Web interface of the shop. The form for the order contains mainly the information about the goods, (the ordered goods are „put“ by Purchaser into the electronic basket in Web interface of the shop), the way of paying the goods, information about the asked way of delivery and information about the costs connected with delivery (from now on also together as „Order“).
Before sending Order Purchaser is allowed to check and change given data, which they put in the Order, which is possible also when Purchaser needs correct mistakes occured while filling in the Order. Order is sent by Purchaser to Seller clicking on the button „Go to cash desk“. Order is completed only after realizing the payment via pay gate, if this way of payment is elected by Purchaser. The data given in the Order are considered as correct by Seller. Seller confirms to Purchaser obtaining Order immediately after doing so via e-mail, namely to the electronic address given in the Order (from now on also „Electronic address of purchaser“).Seller is always authorized regarding the character of Order to ask Purchaser for the additional confirmation of Order (e.g. in written form or on the telephone).
Contract realation (Sale contract) between the Seller and the Purchaser is created by confirming Order, which Purchaser sends to Seller by e-mail, namely to the Electronic address of Purchaser.
Purchaser agrees with using distant ways of communication when making the contract. Costs connected with using distant ways of communication (e.g. Internet connection costs, telephone costs etc.) are paid by Purchaser.
Payment conditions and delivery of the goods
Price of the goods and delivery costs according to Sale contract are paid by Purchaser in the way stated on the Website. Together with the sale price is Purchaser required to pay also the costs connected with packing and posting the goods to Seller. If not stated differently, it is understood that the costs connected with delivery are included in sale price.
Sale price is due for payment together with filling Order via pay gate as indicated on the Website. In case of payment via cash on delivery is the payment due at the delivery. In case of not accepting the goods by Purchaser on delivery or not paying the sale price, it is understood that Purchaser cancels the whole Order.
Purchaser becomes the owner of the goods by paying total price. The details about delivery of the goods are described on the Website.
Beware of copyright
In case of ordering musical scores and audio records is Purchaser allowed to use the goods only in agreement with user‘s licence. These products, accessible on the Website, are protected by law number 121/200, about copyright and related issues. It is impermissible to make illegal coppies of those.
Purchaser is also obliged to take care of other persons not having access to the subject matter of Sale contract, so that they could copy, reproduce or distribute the material in any way conflicting rights given by the law of copyright.
What to do in case of the customer’s discontent
We try to deal all cases of any objections or discontent to the satisfaction of Purchaser. We cosider direct communication and individual deal the best way. For this reason we offer our e-mail addresses: info@musicagioia.cz or eva.z.dousova@gmail.com. Telephone contact through our telephone number +420 603 714 241 is also possible.
Obligatory information
Purchaser cannnot withdraw from Sale contract about delivery of sound or visual recording in case of damaging its original package (§ 1837 h of Civil code)..In other cases Purchaser has the right to retreat from Sale contract during 14 days from the day following accepting the goods by Purchaser. The withdrawal has to be posted to Seller before passing the period mentioned above on the e-mail address: info@musicagioia.cz, or via recorded delivery on the address of Seller.
The consequence of withdrawal is the duty to return the goods accepted by Purchaser immediately, in 14 days as the latest term, to the address of Seller. If you withdraw, we return all accepted payments within the period of 14 days, including the costs on delivery, (except for costs created by additional dealing thank to the way of delivery that you choose different from the standard cheapest way of delivery). For reimbursement we use the same way of payment that you used beforehand, unless you decide and inform us differently. Decisively there are no additional costs for you. Reimbersement will be made after our obtaining the goods back or your proving of having the goods posted back. The demand for compensation of damage made on the goods is used one-sidedly by Seller against the demand of Purchaser for returning Sale price.
For withdrawal from Sale contract Purchaser uses the model form, which they fill in and send back, only in case they intend to withdraw from the contract. It contains notification of the withdrawal from the contract, identification of the addressee – Seller, a message with which Purchaser announces their intention to withdraw from the contract of purchase specified. The date of ordering and having delivered the goods is given, together with the name and surname of the consumer, their signature, if the form is sent in paper form, and the date.
Subject for extrajudicious solving of consumer disputes is, in the sense of the regulation § 14 and § 20e of the law number 634/1992 about protection of a consumer Czech business inspection (https://www.coi.cz/informace-o-adr/) or another subject authorized by the Ministry of trade and industry.
Seller is responsible to Purchaser that the goods, when received, bears no defect. Rights and duties of contracting parties concerning rights of defective execution follow relevant legal regulations (especially regulations § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Civil code).
Posting business notifications and cookies
Purchaser agrees with being posted information related to the goods, services or business of Seller on e-mail address of Purchaser and he also agrees to get business notifications from Seller to the e-mail address of Purchaser. This consent can be cancelled at any time. Information duty of Seller towards Purchaser according to par. 13 regulation GDPR related to processing of personal details for the reason of posting business notifications is realized by Seller through a special document.
Purchaser agrees with saving so called cookies in their PC. In case of liability to realize the purchase on the website and to fulfill the commitments of Seller to Purchaser without saving cookies to Purchaser‘s PC, the Purchaser is allowed to cancel the consent at any time, as stated above.
A few words of farewell
This Sale contract is made in Czech and is subjected to Czech law.Contact details of Seller: Mgr. Eva Doušová, Ph.D., CRN: 00712728, main office Pertoldova 3327/23, Praha 12 – Modřany, musical publishing house „Musica Gioia“, telephone numbers +420 603 714 241, e-mail: info@musicagioia.cz or https://www.musicagioia.cz/en/contact/.
Prague 27/8/2019