I. Basic provisions

1. These general terms and conditions (hereinafter referred to as the " Terms and Conditions ") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the " Civil Code ")

Beatworx, sro
ID: 08262021, VAT number: CZ08262021
with registered office at Prokopova 148/15,
Zizkov, 130 00 Prague 3
info@beatworx.cz

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activities as a consumer or within their business activities (hereinafter referred to as: " buyer ") via a web interface located on a website available on the Internet. address (hereinafter referred to as “shop.beatworx.cz”).

3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about goods and prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each individual good in the online store catalog. The prices of the goods are included in the value added tax, all related fees and costs for returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. Information on the costs associated with packaging and delivery of goods is published in the online store. Information on the costs associated with packaging and delivery of goods provided in the online store applies only to cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

• through their customer account, if they have previously registered in the online store,
• by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the send button. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer provided when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The purchase contract is concluded only after the seller accepts the order. Notification of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer provided when ordering. This confirmation is considered to be the conclusion of the contract. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.

6. In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send the Buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of acceptance of the order from the Seller. The Buyer may cancel the order by sending an email to the Seller specified in these Terms and Conditions.

8. In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

IV. Customer account

1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account, or if the Buyer breaches his/her obligations under the purchase contract and these Terms and Conditions.

6. 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 equipment, or the necessary maintenance of the hardware and software equipment of third parties.

V. Payment terms and delivery of goods

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• by cashless transfer to the seller's account via a payment gateway

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with delivery of the goods.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. 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 bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are shipped is not an advance payment.

7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer.

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order, using the selected shipping service within 7-9 business days from the date of placing the order

9. The choice of delivery method is at the buyer's discretion.

10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation.

11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. When accepting 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, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document – ​​invoice to the buyer. The tax document is sent to the buyer's email address. A delivery note that does not contain billing information is delivered with the shipment for possible content inspection and is added to the shipment.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.

15. The price in EUR may vary depending on the current exchange rate of the customer's bank. It is shown by the estimated exchange rate in the product description.

VI. Withdrawal from the contract

1. The buyer who concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days from the date of receipt of the goods.

3. The buyer cannot withdraw from the purchase contract, among other things:

• provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
• on the supply of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
• on the delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
• on the delivery of goods that have been customized according to the buyer's wishes or for his person,
• the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
• delivery of goods in a sealed package that the buyer has removed from the package and cannot be returned for hygiene reasons,
• the delivery of a sound or video recording or a computer program, if their original packaging has been damaged,
• delivery of newspapers, periodicals or magazines,
• delivery of digital content, unless it was delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
• in other cases specified in Section 1837 of the Civil Code.

4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer can use the contact email info@beatworx.cz

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

7. If the buyer withdraws from the contract, the seller will return all funds to him without delay, but no later than 14 days from the withdrawal from the contract, excluding the costs of transporting the goods.

8. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

9. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

10. The Seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in the manner specified by the Buyer.

VII. Rights arising from defective performance

1. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:

• the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
• the goods are in the appropriate quantity, measure or weight and
• the goods comply with the requirements of legal regulations.

2. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were received by the buyer, or if this results from the nature of the goods.

3. In the event of a defect, the buyer may submit a complaint to the seller and request:

• exchange for new goods,
• repair of goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

• if the goods have a significant defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in case of a large number of defects in the goods.

5. The seller is obliged to accept the complaint in the form of electronic communication and send the claimed goods to the seller's registered office or place of business.

6. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the complaint is considered the moment when the buyer's will is expressed (the exercise of the right from defective performance) to the seller.

7. The seller informs the buyer in writing, electronically, about the result of the complaint.

8. The buyer does not have the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

9. In the event of a justified complaint, the buyer has the right to compensation for the reasonably incurred costs incurred in connection with the complaint. The buyer can exercise this right with the seller within the warranty period.

10. The buyer has the choice of the method of complaint.

11. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

12. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaints procedure.

VIII. Delivery

1. The Contracting Parties may deliver all written correspondence to each other via electronic mail.

2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in his customer account or in the order.

XI. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within the scope of its competence by the relevant trade license office. The Czech Trade Inspection Authority, to a limited extent, also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final provisions

1. All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.

4. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components constituting the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.

5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These terms and conditions come into effect on May 1, 2020.